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1. |
CONTRACT FORMATION |
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1.1 |
The contract is formed by the
completion of three distinct steps: |
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our display
/ catalogue / website (at
http://www.getonlinebroadband.com)
each invite you to do business
with us |
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your order is an offer to
do specific business with
us |
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the contract is formed when
you receive our acceptance
of that offer |
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1.2 |
We reserve the right to accept,
refuse, or limit your order for
any reason - including (but not
limited to) credit card / payment
clearance, unavailability of stock
or errors in product descriptions
and / or prices. |
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2. |
WARRANTIES:
EQUIPMENT / GOODS SUPPLIED |
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2.1 |
We warrant that the equipment
/ goods:
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are of satisfactory
quality |
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are safe for normal use |
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are fit for normal use and
stated purpose (but not fit
for any use which we state
on our website may be inappropriate) |
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comply materially with the
written description given
on our web site |
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2.2 |
All equipment / goods are guaranteed
for a period of 12 months. |
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3. |
WARRANTIES:
SERVICES SUPPLIED |
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3.1 |
We warrant that the services:
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will be provided
using reasonable skill and
care |
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are fit for normal use and
stated purpose (but not fit
for any use which we state
on our website may be inappropriate) |
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comply materially with the
written description given
on our web site |
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3.2 |
You acknowledge that our provision
of ADSL broadband services and our
ability to provide the service is
dependent on British Telecom plc.
and its ability to provide certain
parts of the service to us. We cannot
warrant that the service will be
free of interruption or that transmission
of information through the service
will be secure. |
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3.3 |
It is entirely your responsibility
to ensure that your equipment is
correctly configured and capable
of receiving our services. |
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3.4 |
It is not technically possible
to provide the service free from
errors and / or faults and we do
not undertake to do so. We operate
a support
facility to enable errors and /
or faults to be reported and resolved
but we cannot warrant that all errors
and / or faults will be corrected. |
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4. |
DELIVERY ARRANGEMENTS |
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4.1 |
We intend to deliver / supply
the equipment / goods and services
on the date set out on our order
confirmation or, in any event,
within 21 working days of receiving
your order. If a particular delivery
date is critical for you, you
must tell us so in writing when,
or before, you place your order;
we will do our best to meet your
deadline but we cannot guarantee
to do so. |
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4.2 |
If we are unable to deliver
the equipment / goods within 21
working days of receiving your
order, we will tell you at the
earliest opportunity and you will
have the right to cancel the order.
In that event, we will promptly
refund any money you have paid. |
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4.3 |
All offers are subject to availability.
Additionally ADSL broadband services
are subject to suitable BT telephone
line and site survey. If we cannot
supply your order, we will refund
your money promptly. |
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4.4 |
We will deliver by normal post,
Recorded, Registered, Special Delivery
or courier as appropriate and at
our discretion. |
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5. |
YOUR RIGHT
TO CANCEL |
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5.1 |
You have the right to cancel your
order for equipment / goods at any
time up to seven days after you
receive the goods (‘the time
allowed’). |
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5.2 |
If you decide to cancel your order
for equipment / hardware, you should
tell us (in writing) within the
time allowed. It is up to you to
make sure that your cancellation
reaches us in time. |
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5.3 |
If you do cancel your order for
equipment / goods, you must not
use or have used the goods and you
must keep them safe. It shall be
your responsibility and at your
cost to arrange safe return of the
equipment / hardware to us. |
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5.4 |
Orders for broadband services
cannot be cancelled once activated
and the cancellation provisions
of the Consumer Protection (Distance
Selling) Regulations 2000 will
not apply to this service. |
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6. |
INSPECTION
OF GOODS |
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6.1 |
You should inspect and test the
equipment / goods at the earliest
opportunity. If the goods are defective
or otherwise in breach of the contract
terms ('a justified reason', you
have the right to return them to
us but you should do so within a
reasonable time. |
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6.2 |
Upon return of the equipment /
goods for a justified reason you
have the right to either a full
refund of the price of the goods
or a replacement (if available).
If, instead, you ask us to repair
the equipment / goods you will not
lose your right to return them again
if they are still not satisfactory. |
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7. |
AVAILABILITY
AND PRICING |
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7.1 |
All equipment / goods and services
are supplied subject to availability. |
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7.2 |
ADSL broadband services are additionally
supplied subject to line tests performed
by British Telecom plc. |
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7.3 |
We have the right to change our
prices at any time without advance
warning and all prices exclude UK
VAT at 17.5% unless specifically
stated otherwise. |
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8. |
PERSONAL INFORMATION
/ SECURITY |
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8.1 |
We guarantee that any personal
information you send us online will
be secure. |
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8.2 |
Information that you provide to
us must be true, accurate and complete.
You agree to inform us of any changes
in your details (contact details,
address, telephone number or email
address) by contacting us at: http://www.getonlinebroadband.com/contact.html |
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9. |
CONTRACT TERM
AND TERMINATION |
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9.1 |
Broadband services are offered
on these minimum contract periods: |
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9.2 |
After the initial minimum contract
period either party may terminate
the contract by giving 7 days notice
in writing to the other. |
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9.3 |
We reserve the right to immediately
terminate the contract at any time
due to abuse and / or material breach
of your agreement with us or breach
of our Acceptable
Usage Policies (which you acknowledge
to have read). |
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9.4 |
Upon termination any fees pre-paid
by you for unused time remaining,
less any charges outstanding on
your account, will be calculated
and returned to you either by the
same method as they were paid or
by cheque (at our discretion). |
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9.5 |
Either party may terminate
this agreement immediately by
giving notice in writing to the
other, if the other: |
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commits a material
breach of this agreement which
cannot be remedied |
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is the subject of a bankruptcy
order, or becomes insolvent,
or goes into voluntary or
compulsory liquidation, or
a receiver or administrator
is appointed over their assets |
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10. |
COMPLAINTS |
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The addresses to
which you should write if you
have any complaint are:
Attn:
Customer Services Department
Get Online Broadband
Unit 12D, Adlington Park
Adlington, Cheshire
SK10 4PZ, United Kingdom
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Or contact us using the details
at: http://www.getonlinebroadband.com/contact.html |
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11. |
DESCRIPTIONS |
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We do our best to
ensure that the descriptions and
illustrations of the goods we supply
are fair, honest and accurate. |
12. |
ACCEPTABLE
USAGE |
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It is a condition
of this contract that you comply
at all times with our Acceptable
Usage Policies (as may be
updated from time to time) as
detailed on our web site.
If you breach our Acceptable
Usage Policy we are entitled
to suspend or restrict your service
and cancel this contract and /
or take such as action as detailed
in the Acceptable
Usage Policy. |
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13. |
STATUTORY
RIGHTS |
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Nothing in this contract
affects your statutory rights. |
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14. |
MISTAKES IN
BILLS |
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If we make a mistake
in any bill, we will correct it
as soon as the mistake comes to
our attention, and we will, if appropriate,
refund any money to you promptly. |
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15. |
RECORDS OF
CONTRACTS |
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We maintain records
of all contracts, and, if you so
request, we will provide you with
a copy of any contract between us
and you entered into within the
last 24 months. |
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16. |
PRIVACY |
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16.1 |
We will use the information you
give us, and information arising
from our dealings with you (‘personal
data’) to enable us to perform
our obligations to you. We may also
analyse your personal data, for
example, for marketing and market
research purposes. |
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16.2 |
We will comply with our statutory
obligations in relation to your
personal data, and we will not pass
on any ‘sensitive data’
(as defined in the Data Protection
Act 1998) without your prior consent.
However, it will be necessary to
pass your details on to our suppliers
so the goods / services can be provided
- in all cases we will only pass
on the minimum details that are
required. |
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16.3 |
You have the right to ask us for
a copy of your personal data, and
to correct any mistakes. |
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16.4 |
We may monitor or record calls
for training or to improve the quality
of our customer service. |
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17. |
THIRD PARTY
ISSUES |
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Unless the contract
states otherwise in writing, the
benefit of this contract is personal
to you and only you can enforce
the contractual terms. |
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18. |
SEVERABILITY
& CONFLICT OF TERMS |
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18.1 |
If a court decides that any part
of these terms is void, voidable
or unenforceable, the rest of these
terms shall continue to be valid
and enforceable. A court will, if
possible, modify the offending term
to the minimum extent necessary
to make it valid. |
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18.2 |
If you are a business, our standard
terms and conditions are to prevail
over any you seek to impose. |
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19. |
FORCE MAJEURE |
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We are not liable
to you for any failure to perform
our obligations due to circumstances
outside our control. |
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20. |
OWNERSHIP
/ LATE PAYMENT |
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20.1 |
Equipment / goods supplied belong
to us legally and beneficially until
you have paid all our charges under
this agreement, but the risk attached
to owning them passes to you as
soon as they are delivered into
your possession or control. |
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20.2 |
Even though equipment / goods
supplied continue to belong to us,
we have the right to recover payment
for them. As long as the goods remain
ours, and discrete from items which
are not ours, we have the right
(but not the obligation) to recover
these goods. As long as the materials
remain ours, you must not sell or
otherwise dispose of them. |
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20.3 |
Under the Late Payment of Commercial
Debts [Interest] Act 1998 we reserve
the right to reclaim interest on
overdue amounts at 8% above the
Bank of England base rate. |
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20.4 |
Where payments on your account
are overdue we reserve the right
to restrict or suspend services
or order fulfilment until payment
is made in full. |
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21. |
LIMIT OF LIABILITY |
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21.1 |
We do not seek to limit liability
for death or personal injury resulting
from our negligence or for fraud.
However, you acknowledge that the
services are not appropriate for
uses where personal injury or death
could arise from use or reliance
on the services and you should satisfy
yourself as to the accuracy of any
statements made by us or on our
behalf. |
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21.2 |
By submitting your order request
to us you agree to accept our terms
and conditions and that our total
liability to you shall be limited
to the purchase price actually paid
to us by you for the product or
service giving rise to the liability. |
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21.3 |
You agree that we will not be
held responsible for any indirect
or consequential loss or damage
(whether loss or profit, loss of
opportunity or otherwise), costs,
expenses or claims for consequential
loss whatsoever which arise out
of or in connection with the supply
of the service and its use or resale. |
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22. |
INTERPRETATION
AND GOVERNING LAW |
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22.1 |
This is a plain English contract.
Other than defined terms, words
and expressions have their normal
English meaning as they would be
understood by a reasonable person
in the context of this contract. |
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22.2 |
This contract is governed by the
laws of England and Wales and you
agree to submit to the jurisdiction
of the English courts. |
