Broadband Standard Terms and Conditions

Broadband & Phone Line Standard Conditions

You will be sent copies of all our relevant terms and conditions for the packages you are subscribing to.
This will be sent out to you in writing, on commencement of a package subscription.

Business-Broadband.net is run on the Plus.net network.
Terms such as “Us”, “We”, “Our” relate to Business-Broadband.net
Sales & Support enquiries are handled in-house by Business-Broadband.net
In the event of a major fault, we will provide you with details for contacting Plus.net directly.

1.1 The contract begins on the date We communicate Plusnet’s acceptance of the Customer’s order for the service and will continue until ended by the Customer or Us in accordance with this contract.

1.2 The service commences on the service start date.

Provision of the service

2.1 Where Plusnet sells equipment to the Customer, the equipment is designed for use with the service and includes 12 month manufacturer warranty. Please see manufacturer’s documentation for more information. If the equipment is faulty upon arrival please notify Us that it is faulty and we will send you a replacement service as soon as possible. We or Plusnet do not accept any liability for late deliveries or deliveries lost in the post. Us, Plusnet or the manufacturer will not accept liability for equipment damaged by the Customer in or outside of the 12 month warranty period.

2.2 Orders placed for the service are business to business transactions to which the Consumer Contracts (Introduction, Cancellation and Additional Charges) Regulations 2013 do not apply.

2.3 Where the Customer orders an additional option to be applied to the service provided under this contract, the terms and conditions applicable to that option will apply and will be incorporated into the Customer’s contract.

Site preparation, access and installation

2.4 The Customer agrees to prepare the site according to any instructions We or Plusnet may give and to provide Us or Plusnet with reasonable access to the site for the purposes of the contract. The Customer agrees to provide at its expense a suitable place and conditions for Plusnet equipment and, where required, a continuous mains electricity supply and connecting points.

2.5 The Customer will obtain any permission needed for Us or Plusnet to put Plusnet equipment on the site.

2.6 The Customer and Plusnet will meet each other’s reasonable safety and security requirements when on the site. The Customer and Plusnet agree to look after each other’s equipment on the site. If the Customer or Plusnet damages the other’s equipment it must pay for any repair or replacement needed. This does not apply where the damage results from normal use.

2.7 We will try to provide the service by any date agreed with The Customer, but all dates are estimates.

2.8 The Customer will be responsible for making good the site, after any work has been undertaken by Us or Plusnet at the site, including putting items back and for re-decorating.

Faults and repair

2.9 We will try to provide uninterrupted service, but the Customer understands and agrees that from time to time faults may occur.

2.10 If The Customer reports a fault in the service We will repair the fault. If We agree to work outside the hours specified in the contract or if The Customer reports a fault and We find there is none or that The Customer has caused the fault, We may apply a charge. This charge will be as detailed in the contract or if not detailed in the contract based on Our reasonable costs.

Regulations and use of the service

3.1 Any customer equipment must be:

3.1.1. technically compatible with the service and not harm Plusnet’s network or another customer’s equipment;

3.1.2. connected using the applicable Plusnet network termination point, unless the Customer has Plusnet’s permission to connect by another means, and used in compliance with any relevant instructions, standards or laws; and

3.1.3. adequately protected by the Customer against viruses and other breaches of security.

3.2 The Customer will not permit or make any attempt to disassemble, deconstruct, break down, hack or otherwise interfere with any Plusnet equipment.

Proper use

3.3 The service must not be used:

3.3.1. in contravention of any licence, code of practice, instructions or guidelines issued by a regulatory authority, third party’s rights or Our Acceptable Use Policy, or

3.3.2. fraudulently or in connection with a criminal offence or in any way that is unlawful and the Customer must make sure that this does not happen; or

3.3.3. to send, communicate, knowingly receive, upload, download or use any material or make any calls that are offensive, abusive, indecent, defamatory, obscene, menacing, cause annoyance, inconvenience, needless anxiety or are intended to deceive; or

3.3.4. in any way We or Plusnet considers is or is likely to be detrimental to the provision of the service to the Customer or service to any of Our or Plusnet’s other customers.

3.4 The Customer will comply with Our or Plusnet’s reasonable instructions regarding health, security, safety or the quality of the service.

Security

3.5 If We or Plusnet becomes aware of, or is made aware of, a malicious domain, it may take steps in its network to block access to that domain to protect the Customer from possible criminal threats associated with that domain.

3.6 The Customer acknowledges that We or Plusnet does not guarantee to block access to all malicious domains.

3.7 The Customer is responsible for the proper use of user security details, if any, and must take all necessary steps to ensure they are kept confidential, secure and not made available to unauthorised persons.

3.8 If the Customer believes that any user security details are or are likely to be used in an unauthorised way, the Customer must inform Us immediately. The Customer must not change or attempt to change a user-name without Our prior agreement.

3.9 We do not guarantee the security of the service against unauthorised or unlawful access or use. If We or Plusnet believes there is or is likely to be a breach of security or misuse of the service We may:

3.9.1. change and/or suspend the user security details (and notify the Customer that it has done this); or

3.9.2. require the Customer to change the user security details.

Internet access

3.10 Where the service allows access to the Internet the Customer understands and agrees that the use of the internet is at the Customer’s own risk.

Content

3.11 Where Plusnet provides the Customer with content, the Customer’s use of the content is at the Customer’s own risk. The Customer understands and agrees that:

3.11.1. the content may change from time to time;

3.11.2. the content can only be used for its own purposes and is protected by copyright, trademark, and other intellectual property rights. The Customer must not copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content;

3.11.3. Plusnet does not guarantee the accuracy or completeness of the content;

3.11.4. some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If the Customer accesses this content the Customer must keep to these terms and conditions; and

3.11.5. access to any content provided on a subscription basis as part of the service will cease when this contract ends.

3.12 Depending on the service, Plusnet may provide The Customer with the means of storing or uploading content. The Customer accepts that Plusnet has no obligation to store content or has any responsibility if stored content is lost or deleted. The Customer is advised to duplicate content it wishes to keep on other devices not connected to the service.

Operational changes

3.13 Occasionally, for operational reasons, including the provision of service enhancements and/or software upgrades, We or Plusnet may:

3.13.1. change any codes or numbers given to the Customer, the performance or functionality of the service, or the way Plusnet provides the service, provided that any change to the service or the way Plusnet provides the service does not affect the performance or functionality of the service to The Customer’s significant detriment; or

3.13.2. interrupt or suspend service. If this happens Plusnet will restore the service as quickly as possible.

Numbers

3.14 The Customer does not own any number or have any right to sell the number related to the service.

Indemnity

3.15 The Customer will indemnify Us or Plusnet against any claims or legal proceedings that are brought or threatened against Us or Plusnet by a third party because the service is or has been used in breach of clauses 3.1 to 3.4, 3.8, 3.11.2 and 3.14. We will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.

Monitoring and recording calls

3.16 We or Plusnet may monitor and record its communications with the Customer, including e-mails and phone conversations. Information collected by Us or Plusnet may be used for training purposes, quality assurance, to record details about the services ordered by the Customer, and in order to meet Plusnet’s legal and regulatory obligations generally.

3.17 Unless the Customer advises Us otherwise, the Customer consents to receive marketing messages from Us via electronic means, telephone and direct mail.

WEEE regulations

3.18 The Customer is responsible under Regulation 9 of the Waste Electrical and Electronic Equipment Regulations 2006 (‘the WEEE regulations’) for the costs of collection, treatment, recovery, recycling and environmentally sound disposal of any equipment supplied under the contract that has become waste electrical and electronic equipment (‘WEEE’). Plusnet and the Customer acknowledge that for the purposes of Regulation 9 this clause is an agreement stipulating other financing arrangements for the collection, treatment, recovery, recycling and environmentally sound disposal of WEEE. The Customer is responsible for any information recording or reporting obligations imposed by the WEEE regulations. The Customer will indemnify Plusnet against any claims or legal proceedings that are brought or threatened against Plusnet by a third party which would not have been caused or made had the Customer fulfilled its express or implied obligations under this clause or in connection with the WEEE Regulations. Plusnet will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.

Charges & Payments

General

4.1 Charges for the service are calculated using the details recorded by Us. Plusnet will bill charges in pounds sterling and The Customer will pay all charges in pounds sterling.

4.2 The Customer is responsible for and must pay the charges for the service whether the service is used by the Customer or someone else.

4.3 Plusnet will publish bills online at https://www.plus.net/my.html. Plusnet will make its first bill available online at https://www.plus.net/my.html shortly after starting the service, and then at regular intervals, usually every month. Sometimes Plusnet may send The Customer a bill at a different time.

4.4 The Customer will be liable for charges for the service from the service start date.

4.5 The Customer agrees to pay:

4.5.1. in advance for subscription, rental, and other recurring charges (including inclusive usage charges); and

4.5.2. in arrears for usage (excluding inclusive usage charges), connection and any other non-recurring charges. Where possible the charges will appear on the Customer’s next bill but sometimes there may be a delay.

4.6 All charges are exclusive of VAT which is chargeable at the applicable rate. Early termination charges will not be subject to VAT.

4.7 If payment of any charges becomes subject to withholding tax, levy or similar payment obligation imposed by a foreign tax authority on sums due to Us or Plusnet under the contract such withholding tax amounts will be borne and paid for by the Customer in addition to the sums due to Us or Plusnet. The Customer will provide Us or Plusnet without charge the appropriate certificate(s) from the relevant authorities confirming the amount of the withholding taxes, levies or similar payments borne and paid for by the Customer.

4.8 As part of its credit management procedures, We or Plusnet may at any time:

4.8.1. require the Customer to pay a deposit or provide a guarantee as security for payment of future bills by the means requested by Us or Plusnet; and/or

4.8.2. carry out a credit check of the Customer. The Customer agrees to provide Us and Plusnet with any information We and Plusnet may reasonably require for this.

4.9 Payment is due on the date specified on the bill.

4.10 The Customer must pay all charges by direct debit or debit or credit card, unless otherwise advised by Us or Plusnet. The Customer is responsible for advising Us or Plusnet promptly of any changes to its bank details that may affect payment of the charges.

4.11 If the customer does not pay by direct debit they will pay the fee detailed in the Charges schedule for payment collection and processing services.

Disputed bills

4.13 If The Customer disputes any charge on a bill The Customer will notify Us or Plusnet online using the Help Assistant tool in writing within 30 days of the date of the bill with all relevant information. Where the disputed amount is:

4.13.1. less than 5% of the total bill, the Customer will pay the full amount of the bill; or

4.13.2. more than 5% of the total bill, the Customer must pay the amount not in dispute.

Any disputes will be resolved promptly and the resolved amount if any is payable immediately.

Late payment

4.14 If We or Plusnet does not receive payment by the due date, We or Plusnet may charge the Customer daily interest on late payments at a per annum rate equal to 7% above the base lending rate of the European Central Bank, compounded daily, for the period beginning on the date on which payment is due and ending on the date on which payment is made.

4.15 We will generally not suspend or end the service or the agreement until 14 days after your payment was due, unless the service or charges schedule say otherwise. However, sometimes we may take this action earlier. For example, when you reach your credit limit.

4.16 If the Customer does not pay a bill, Plusnet may instruct a debt collection agency to collect payment (including any interest and/or late payment charges) on its behalf. If Plusnet instructs an agency, the Customer must pay Plusnet an additional sum. This will not exceed the reasonable costs Plusnet has to pay to the agency, who will add the sum to the Customer’s outstanding debt on Plusnet’s behalf.

4.17 If any sum owed by the Customer to Us or Plusnet under the contract or any contract with Plusnet is not paid by the due date, Plusnet may deduct this sum from any payment or credit due to the Customer under the contract or any other contract with Plusnet.

Fraud prevention

4.18 We may check the Customer’s details with a fraud prevention agency. If the Customer provides information that We reasonably believes to be false or incorrect and We suspect fraud, We may record this information with a fraud prevention agency.

Changing the contract

5.1 We or Plusnet can change the contract (including the charges) at any time and will publish any change in line with clause 5.2.

5.2 We will publish any changes to the contract (including the charges) online as follows.

5.2.1. for changes that are to the Customer’s significant detriment, at least one month before the change is to take effect. Such changes will also be notified directly to the customer by email at least one month before the change is due to take effect; and

5.2.2. for all other changes, at least one day before the change is due to take effect.

Ending the contract

6.1 The Customer may cancel the contract or the service at any time before Plusnet provides the service. The Customer will pay the cancellation charge specified in the Charges schedule.

6.2 We or Plusnet can stop providing the service to the Customer by giving the Customer 28 days’ written notice. The Customer may tell Us to stop providing the service at any time by either:

6.2.1. giving 28 days’ notice to Us. The Customer may provide notice to Us in writing or by phone; or

6.2.2. giving 14 days’ notice where the Customer is switching its provider. We will accept that provider’s order notification as the Customer’s notice.

6.3 The Customer may end the contract if:

6.3.1. We materially breach the contract and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by the Customer to do so; or

6.3.2. Plusnet ceases to do business; or has bankruptcy or insolvency proceedings brought against it; or makes an arrangement with its creditors (other than where solely for solvent amalgamation or solvent reconstruction); or a receiver, administrative receiver or administrator is appointed over any of its assets; or it goes into liquidation; or a notice is given, a petition is issued, a resolution is passed or any other step is taken to commence any of the foregoing procedures; or there is a corresponding event under Scottish law.

6.4 Plusnet may suspend the service or end the contract, or both, at any time without notice if:

6.4.1. the Customer breaches the contract or any other contract that The Customer has with Us or Plusnet and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by Plusnet to do so. In this clause breach includes non-payment of any valid invoice by the due date; or

6.4.2. We or Plusnet reasonably believe that the service is being used in a way forbidden by clauses 3.1 to 3.4, 3.8, 3.11.2 and 3.14. This applies even if the Customer is unaware that the service is being used in such a way; or

6.4.3. the Customer ceases to do business; or has bankruptcy or insolvency proceedings brought against it; or makes an arrangement with its creditors (other than where solely for solvent amalgamation or solvent reconstruction); or a receiver, administrative receiver or administrator is appointed over any of its assets; or it goes into liquidation; or a notice is given, a petition is issued, a resolution is passed or any other step is taken to commence any of the foregoing procedures; or there is a corresponding event under Scottish law.

6.5 The Customer will continue to pay the charges during any period of suspension.

Consequences of ending the contract

6.6 If The Customer or Plusnet ends the contract or the service during the minimum period The Customer will pay the termination charges stated in our Charges Schedule. This clause will not apply if:

6.6.1. the Customer ends the contract or service during the minimum period because Plusnet is in material breach of this contract; or

6.6.2. the Customer gives notice to end the contract in accordance with clause 6.2.1 within 30 days of Plusnet notifying The Customer of an increase to the charges or changes to the conditions in either case to The Customer’s significant detriment; or

6.6.3. Plusnet ends the contract or the service during the minimum period for convenience; or

6.6.4. the contract ends because either clause 8.6 or 9.2.2 applies.

6.7 If the contract ends Plusnet will refund any money owed to the Customer after first deducting any money due to Plusnet under this contract or any other contract that Plusnet has with the Customer.

6.8 If the contract ends Plusnet may delete all content including emails stored on the service. Plusnet recommends that The Customer saves copies of information The Customer wishes to keep on other devices not connected with the service.

Limited Liability

7.1 Neither the Customer or Plusnet excludes or restricts in any way its liability under or in connection with the contract for death or personal injury caused by its negligence or to any extent not permitted by law.

7.2 Subject to clauses 7.1 and 7.3, The Customer and Plusnet’s liability to the other under or in connection with the contract for all and any direct loss or damage arising from any one incident or series of connected incidents in any period of 12 months.

7.3 Neither the Customer or Us or Plusnet will be liable to the other (whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for:

7.3.1. any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with the contract or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or

7.3.2. any indirect or consequential loss or damage whatsoever.

7.4 Nothing in this clause 7 or in the contract excludes or limits the Customer’s liability to pay (without set off) the charges.

7.5 The limitations of liability referred to in clauses 7.2 and 7.3 above will not apply in respect of claims brought under clauses 3.15 and 8.5.

7.6 Each part of this clause 7 operates separately. If any part of the clause is held by a Court to be unreasonable or inapplicable the rest of the clause will continue to apply.

7.7 The Customer is advised to obtain its own business continuity insurance.

General Terms

Matters beyond reasonable control

9.1 If The Customer or Plusnet is prevented, hindered or delayed from performing any obligation under the contract because of something beyond its reasonable control including: act of God, natural disaster, lightning, flood, subsidence, earthquake, weather conditions, epidemic, pandemic, fire, explosion, war, civil disorder, acts of terrorism, something beyond the reasonable control of its suppliers, industrial disputes, acts or omissions of local or central government or other competent authorities, or acts or omissions of parties for whom the Customer or Plusnet is not responsible, change of law or any other cause whether similar or dissimilar that is outside its reasonable control, then it will have no liability to the other for any resulting failure, delay, defect or omission in performing its obligations under the contract.

9.2. We or Plusnet will not be liable for failure to or delay in supplying the service if:

9.2.1 another supplier delays or refuses the supply of an electronic communications service to Plusnet and no alternative service is available at reasonable cost; or

9.2.2 legal or regulatory restrictions are imposed that prevent Us or Plusnet from supplying the service.

9.3. If any of the events detailed in clauses 9.1.1 or 9.1.2 materially affects the performance of the contract and continues for more than three months then the Customer or Plusnet may terminate the contract in whole or part by written notice to the other.

Escalation and dispute resolution

9.4 We will try to work through any dispute that the Customer may have. If this does not resolve the dispute then the Customer may refer the matter to the relevant dispute resolution service where appropriate.

Transfer of rights and obligations

9.5 The Customer and Us or Plusnet may not transfer any of their rights or obligations under the contract without the written consent of the other, except that:

9.5.1. The Customer may transfer its rights or obligations or both to a group company with the written consent of Us or Plusnet, such consent not to be unreasonably withheld or delayed; and

9.5.2. We or Plusnet may transfer its rights or obligations or both to a group company without consent provided that it notifies the Customer that it has done so.

Severability

9.6 If any term of the contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if the contract had been made without the invalid, illegal or unenforceable terms.

Survival

9.7 Clauses 4.13, 4.14, 7, and 8.8 to 8.13 will survive the termination or expiry of this contract for two years.

Entire agreement

9.8 The contract contains the entire agreement between the Customer and Us and Plusnet and supersedes all previous understandings, commitments, representations, agreements, draft agreements, arrangements, undertakings, or prior collateral contracts of any nature made by the Customer and Plusnet, whether written or oral relating to its subject matter.

9.9 The Customer and Plusnet each agree that in entering into the contract they have not relied upon and have no rights or remedies (whether in tort, under statute or otherwise) in respect of any statements, collateral or other warranties, assurances, undertakings or representations (whether innocently or negligently made) of any party (whether party to the contract or not) in relation to the subject matter of the contract, except for those contained in the contract.

9.10. Nothing in this clause 9.19 excludes or restricts the liability of either the Customer or Plusnet to the other arising out of pre-contract fraudulent misrepresentation or fraudulent concealment.

Waiver

9.11 A failure or delay by the Customer or Us or Plusnet to exercise any right or act upon a breach under the contract will not be a waiver of that right or breach. If The Customer or Plusnet waives a right or breach of the contract, that waiver is limited to the particular right or breach.

Rights of third parties

9.12 The contract does not create any right enforceable by any party who is not The Customer or Us or Plusnet (a ‘Third Party’) under the contract (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a Third Party which exists or is available apart from that Act.

Notices

9.13 Notices given under the contract must be in writing and delivered by hand, email or first class post to the following addresses unless otherwise stated in the contract.

9.13.1. to Plusnet at the address shown on the bill or any address which Plusnet provides to the Customer for this purpose; or

9.13.2. to the Customer at any one or more of the following: the address to which the Customer asks Plusnet to send bills or the address of the site or the Customer’s primary email address or if the Customer is a limited company, its registered office.

9.14 This clause does not apply to notices given under clauses 1.1 and 5.1.

9.15 A notice will be duly served.

9.15.1 if delivered by hand, at the time of delivery;

9.15.2. if sent by first-class post, three (3) working days after the date of posting; or

9.15.3. if sent by e-mail, at the time of successful transmission.

9.16 The Customer must inform Plusnet immediately if there is any change to any of the contact information the Customer provided to Plusnet.

Law and jurisdiction

9.17 The contract is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.

Data protection

9.18 The Customer and Us and Plusnet will comply with their respective obligations under the Data Protection Act 1998 and any data protection, privacy or similar laws that apply to any personal data processed in connection with the contract. The Customer and Us and Plusnet will provide such help and co-operation as is reasonably necessary or requested by the other to enable compliance with this clause.

Customer’s instructions

9.19 We may take instructions from a party whom it thinks, with good reason, is acting with The Customer’s permission.