Terms and Conditions
Conditions for Plusnet Business Services
These Terms and Conditions come into effect from 27th July 2009.
If you signed up before 27th July 2009 and haven't changed your product you can view previous Terms and Conditions here.
If you're a Plusnet Business Services (MPS Broadband) customer, you can view your Terms and Conditions here.
The Terms and Conditions of each service are made up of this important information and the following terms (including any other document we refer to in those terms).
- Plusnet Business General Terms
- The relevant service schedule;
- Any relevant special offer Terms;
- The relevant charges schedule;
- Acceptable Usage Policies
If any of these documents contradict each other, the terms will apply in the order set out above.
Plusnet Business General Terms
The Contract begins on the date Plusnet communicates its acceptance of the Customer's order for the Service and continues until ended by the Customer or Plusnet in accordance with this Contract.
1.2 The Service commences on the Service Start Date.
1.3 Where Plusnet sells equipment to the Customer, the equipment is designed for use with the service and includes 12 months 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. Plusnet do not accept any liability for late deliveries or deliveries lost in the post. Plusnet or the manufacturer will not accept liability for equipment damaged by the Customer in or outside of the 12 month warranty period.
2. Provision of the Service
Site Preparation, Access and Installation
2.1 The Customer agrees to prepare the Site according to any instructions Plusnet may give and to provide 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.
2.2 The Customer will obtain any permission needed for Plusnet to put Plusnet Equipment on the Site.
2.3 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.
2.4 Plusnet will try to provide the Service by any date agreed with the Customer, but all dates are estimates, unless the Service Schedule says otherwise.
2.5 The Customer will be responsible for making the Site good, after any work has been undertaken by Plusnet at the Site, including putting items back and for re-decorating.
2.6 The Customer will not permit or make without limitation any attempt to disassemble, deconstruct, break down, hack or otherwise interfere with any Plusnet Equipment.
Faults and Repair
2.7 Plusnet will try to provide uninterrupted service, but the Customer understands and agrees that from time to time faults may occur.
2.8 If the Customer reports a fault in the Service Plusnet will repair the fault in accordance with the Service Schedule. If Plusnet agrees to work outside the hours specified in the Contract or if the Customer reports a fault and Plusnet finds there is none or that the Customer has caused the fault, Plusnet may apply a charge. This charge will be as detailed in the Contract or if not detailed in the Contract based on Plusnet's reasonable costs.
3. Regulations and use of the service
3.1 Any Customer Equipment must be:
(a) technically compatible with the Service and not harm Plusnet's network or another customer's equipment;
(b) 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
(c) adequately protected by the Customer against viruses and other breaches of security.
3.2 The Service must not be used:
(a) in any way that is unlawful or in contravention of any licence, code of practice, instructions or guidelines issued by a regulatory authority, third person's rights or Plusnet's Acceptable Use Policy located at http://www.plus.net/info2/legal/aup.html; or
(b) 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
(c) in any way Plusnet considers is or is likely to be detrimental to the provision of the Service to the Customer or service to any of Plusnet's other customers.
3.3 The Customer will comply with Plusnet's reasonable instructions regarding health, security, safety or the quality of the Service.
3.4 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.
3.5 If the Customer believes that any User Security Details are or are likely to be used in an unauthorised way, the Customer must inform Plusnet immediately.
3.6 Plusnet does not guarantee the security of the Service against unauthorised or unlawful access or use. If Plusnet believes there is or is likely to be a breach of security or misuse of the Service Plusnet may:
(a) change and/or suspend the User Security Details (and notify the Customer that it has done this); or
(b) require the Customer to change the User Security Details.
3.7 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.
3.8 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:-
(a) the Content may change from time to time;
(b) 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;
(c) Plusnet does not guarantee the accuracy or completeness of the Content;
(d) 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
(e) access to any Content provided on a subscription basis as part of the Service will cease when this Contract ends.
3.9 Occasionally, for operational reasons, Plusnet may:-
(a) change the codes or numbers given to the Customer, or the way Plusnet provides the Service, provided that any change to the way Plusnet provides the Service does not significantly affect the performance or functionality of the Service; or
(b) interrupt or suspend Service. If this happens Plusnet will restore the Service as quickly as possible.
3.10 The Customer does not own any number or have any right to sell the number related to the Service.
3.11 The Customer will indemnify Plusnet against any claims or legal proceedings that are brought or threatened against Plusnet by a third party because the Service is or has been used in breach of clauses 3.1-3.6 and 3.8 (b). 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.
Monitoring and recording calls
3.12 Plusnet may monitor and record calls relating to customer services and telemarketing. Plusnet does this for training purposes and to improve the quality of its customer services.
4. Charges and payments
4.1 Charges for the Service are as detailed in the Charges Schedule and calculated using the details recorded by Plusnet.
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 http://my.plus.net. Unless otherwise stated in the Service Schedule, Plusnet will make its first bill available online at http://my.plus.net shortly after providing 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, unless otherwise stated in the Service Schedule.
4.5 Unless otherwise stated in the Service Schedule the Customer agrees to pay:
(a) in advance for subscription, rental, and other recurring charges (including inclusive usage charges); and
(b) 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, unless otherwise provided in the Service or Charges Schedule.
4.7 As part of its credit management procedures, Plusnet may at any time:
(a) require the Customer to pay a deposit or provide a guarantee as security for payment of future bills by the means requested by Plusnet; and/or
(b) carry out a credit vet of the Customer. The Customer agrees to provide Plusnet with any information Plusnet may reasonably require for this.
4.8 Payment is due on the date specified on the bill, unless otherwise stated in the Service Schedule.
4.9 The Customer must pay all charges by direct debit, or debit or credit card, unless otherwise advised by Plusnet.
4.10 If the Customer disputes any charge on a bill the Customer will notify 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:-
(a) less than 5% of the total bill, the Customer will pay the full amount of the bill; or
(b) 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.
4.11 If Plusnet does not receive payment by the due date, Plusnet may charge the Customer:
(a) any late payment charge as referred to in the Service Schedule; and/or
(b) daily interest on late payments at a per annum rate equal to 7% above the base lending rate of the European Central Bank for the period beginning on the date on which payment is due and ending on the date on which payment is made.
4.12 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.
4.13 If any sum owed by the Customer to 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.
4.14 Plusnet may check the Customer's details with a fraud prevention agency. If the Customer provides information that Plusnet reasonably believes to be false or incorrect and Plusnet suspects fraud, Plusnet may record this information with a fraud prevention agency. Plusnet and other organisations may use and search this information.
5. Changing the contract
5.1 Plusnet can change the Contract (including the charges) at any time and will publish any change in line with clause 5.2.
5.2 Unless otherwise stated in the Service Schedule, Plusnet will publish any changes to the Contract (including the charges) online at http://www.plus.net (or any other online address that Plusnet may advise the Customer), and/or in accordance with clause 9.9, as follows:
(a) for changes that are to the Customer's significant detriment, at least 14 days before the change is to take effect; and
(b) for all other changes at least one day before the change is to take effect.
6. Ending this contract
6.1 The Customer may cancel the Contract or the Service at any time before Plusnet provides the Service. The Customer will pay Plusnet the cancellation charge specified in clause 4.8 of the Broadband Service Schedule.
6.2 The Contract or the Service may be ended by either party on 30 days written notice to the other unless otherwise stated in the Service Schedule.
6.3 If the Customer or Plusnet ends the Contract or the Service during the Minimum Period the Customer will pay Plusnet the termination charges as set out in the Charges Schedule. This clause will not apply if:
(a) the Customer ends the Contract or Service during the Minimum Period because Plusnet is in material breach of this Contract; or
(b) the Customer gives notice to end the Contract within 30 days of Plusnet notifying the Customer of an increase to the charges or changes to the Business General Terms in either case to the Customer's significant detriment; or
(c) Plusnet ends the Contract or the Service during the Minimum Period for convenience; or
(d) the Contract ends because either clause 8.7 or 9.1(c) applies.
6.4 The Customer may end this Contract if:
(a) Plusnet materially breaches 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
(b) insolvency proceedings are brought against Plusnet or Plusnet makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of Plusnet's assets or Plusnet goes into liquidation or a corresponding event under Scottish Law.
6.5 Plusnet may suspend the Service or end the Contract, or both, at any time without notice if:
(a) the Customer breaches the Contract or any other contract that the Customer has with 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
(b) Plusnet reasonably believes that the Service is being used in a way forbidden by clauses 3.1-3.6 and 3.8 (b). This applies even if the Customer is unaware that the Service is being used in such a way; or
(c) bankruptcy or insolvency proceedings are brought against the Customer or the Customer does not make any payment under a judgement of a Court on time or the Customer makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of the Customer's assets or the Customer goes into liquidation or a corresponding event under Scottish Law.
The Customer will continue to pay the charges during any period of suspension.
6.6 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.
7. Limitation of liability
7.1 Plusnet accepts liability as set out in the Contract.
7.2 Neither the Customer nor Plusnet excludes or restricts its liability for death or personal injury caused by its own negligence or the negligence of its employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or to any extent not permitted by law.
7.3 Unless otherwise expressly stated in the Contract neither the Customer nor Plusnet shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any direct loss of profit, revenue, time, anticipated savings or profit or revenue, goodwill, opportunity, data, use, business, wasted expenditure, business interruption or for any other direct loss which may arise in relation to the Contract whether or not the Customer or Plusnet was advised in advance of the possibility of such loss or damage.
7.4 Unless otherwise expressly stated in the Contract neither the Customer nor Plusnet shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss of profit, revenue, time, anticipated savings or profit or revenue, goodwill, opportunity, data, use, business, wasted expenditure, loss of or damage to physical property, business interruption or for any other indirect or consequential loss or punitive damages which may arise in relation to the Contract whether or not the Customer or Plusnet was advised in advance of the possibility of such loss or damage.
7.5 Subject to clauses 7.2, 7.3 and 7.4, the Customer and Plusnet accept liability to the other in contract, tort (including negligence) breach of statutory duty or otherwise for direct loss limited to the amounts specified in the Service Schedule.
7.6 Clause 7.5 will not apply to any obligation to pay charges or to clauses 3.11 and 8.5.
7.7 Each part of this clause operates separately. If any part of a clause is held by a Court to be unreasonable or inapplicable the rest of the clause shall continue to apply.
7.8 The Customer is responsible for reviewing whether the Customer should enter into a business continuity insurance contract.
8. Intellectual property and confidentiality
8.1 Except as expressly set out in the Contract, the Customer and Plusnet do not acquire any rights or licences to the other's Intellectual Property Rights.
8.2 If Software is provided to enable the Customer to receive and use the Service, Plusnet grants the Customer for the duration of the Contract a non-exclusive, non-transferable licence to use such Software for its own use. Unless otherwise agreed in writing, any licence granted by Plusnet under this clause 8.2 will end when the Contract is terminated.
8.4 Except as permitted by applicable law or as expressly permitted under the Contract the Customer must not, without Plusnet's prior written consent, copy, de-compile or modify any software, copy manuals or documentation or permit anyone else to do so.
8.5 Plusnet will indemnify the Customer against all claims and proceedings arising from infringement of any third person's Intellectual Property Rights by the provision of the Service to the Customer. This indemnity does not apply to claims or proceedings arising from:
(a) the use of the Service in conjunction with any equipment, software or any other service not supplied by Plusnet; or
(b) any modification which was not made by Plusnet or with Plusnet's prior written consent; or
(c) designs or specifications supplied by the Customer; or
(d) the use of the Service other than in accordance with the terms of the Contract; or
(e) breach by the Customer of clause 3.8 (d) or 8.3.
8.6 As a condition of this indemnity in clause 8.5 the Customer must:-
(a) notify Plusnet promptly in writing of any allegation of infringement;
(b) make no admission relating to the infringement;
(c) allow Plusnet to conduct all negotiations and proceedings in respect of any such claims and give Plusnet all reasonable assistance in doing so (Plusnet will pay the Customer's reasonable expenses for such assistance); and
(d) allow Plusnet to modify the Service as set out in clause 8.7.
8.7 If the Service becomes, or Plusnet believes it is likely to become, the subject of a claim of infringement of any Intellectual Property Rights Plusnet, at its option and expense, may secure for the Customer a right of continued use or modify or replace the Service so that it is no longer infringing, provided that the modification or replacement does not materially affect the performance of the Service. If the indemnity in clause 8.5 applies and none of the remedies in this clause is available to Plusnet on reasonable terms, Plusnet may notify the Customer and terminate the Service without liability to the Customer.
8.8 Except to the extent any disclosure is required by law and as set out in clause 8.9 Plusnet and the Customer will keep in confidence any information, whether written or oral, of a confidential nature obtained under or in connection with the Contract. The Customer and Plusnet will not, without the consent of the other, disclose such information to any person other than:
(a) their Group Company employees or professional advisers who need the information in order for the Customer or Plusnet to fulfil its obligations under the Contract; or
(b) in the case of the Customer, its Users to the extent that they are required to use or access the Service; or
(c) in the case of Plusnet, the employees or professional advisers of its suppliers who need the information in order for Plusnet to fulfil its obligations under the Contract.
8.9 Information Plusnet holds about the Customer may be used for fraud prevention and credit vetting purposes and this may include Plusnet sharing such information with third party companies including other communication companies.
8.10 Information will not be treated as confidential if it is:
(a) in the public domain other than in breach of the Contract; or
(b) lawfully in the possession of the Customer or Plusnet before disclosure has taken place; or
(c) obtained from a third person who is free to disclose it; or
(d) replicated independently by someone without access or knowledge of the Information.
8.11 Where the Freedom of Information Act 2000 applies to the Customer and the Customer receives a request under the Act that includes any information held by the Customer that was provided by Plusnet in connection with the Contract the Customer will:-
(a) notify Plusnet immediately of the request; and
(b) give Plusnet at least five Working Days to make representations.
9. Miscellaneous terms
Matters Beyond Reasonable Control
9.1 (a) If the Customer or Plusnet is unable to perform, or is delayed in performing, any obligation under the Contract because of something beyond its reasonable control including act of God, lightning, flood, exceptionally severe weather, epidemic, pandemic, fire, explosion, war, civil disorder, industrial disputes or acts or omissions of local or central government or other competent authorities, or beyond the reasonable control of its suppliers, it will have no liability to the other for that failure or delay in performing.
(b) Plusnet will not be liable for failure to or delay in supplying the Service if:
(i) another supplier delays or refuses the supply of an electronic communications service to Plusnet and no alternative service is available at reasonable cost; or
(ii) legal or regulatory restrictions are imposed that prevent Plusnet from supplying the Service.
(c) If any of the events detailed in clauses 9.1(a) or 9.1(b) continue for more than three months the Customer or Plusnet may terminate the Contract in whole or part by written notice to the other.
Escalation and Dispute Resolution
9.2 Plusnet will try to work through any dispute that the Customer may have with Plusnet. If this does not resolve the dispute then the Customer may refer the matter to the relevant dispute resolution service where appropriate, in accordance with the details set out in Plusnet's Code of Practice.
Transfer of Rights and Obligations
9.3 The Customer and Plusnet may not transfer any of their rights or obligations under the Contract without the written consent of the other, except that:
(a) the Customer may transfer its rights or obligations or both to a Group Company with the written consent of Plusnet, such consent not to be unreasonably withheld or delayed; and
(b) 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.
9.4 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.
9.5 Clauses 4.12, 8.8, 8.9 and 8.11 will survive the termination or expiry of this Contract for two years.
9.6 (a) The Contract contains the entire agreement between the Customer and Plusnet and replaces all previous written or oral agreements relating to its content.
(b) The Customer and Plusnet agree that:
(i) they have not been induced to enter into the Contract by, nor have they relied on, any statement, representation, warranty or other assurance not expressly incorporated; and
(ii) in connection with the Contract their only rights and remedies in relation to any statement, representation, warranty or other assurance are for breach of the Contract and that all other rights and remedies are excluded.
(c) The terms of clauses 9.6(a) and 9.6(b) will not affect the rights or remedies of the Customer and Plusnet for any fraudulent misrepresentation.
9.7 A failure or delay by the Customer 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
9.8 A person who is not the Customer or Plusnet (including an employee, the officer, agent, representative or subcontractor of the Customer or Plusnet) has no right under Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This does not affect any right or remedy that exists or is available apart from that Act.
9.9 Notices given under the Contract must be in writing and delivered to the following addresses unless otherwise stated in the Contract:
(a) to Plusnet at the address shown on the bill or any address which Plusnet provides to the Customer for this purpose; or
(b) 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.
This clause does not apply to notices given under clauses 1.1, 4.2 and 5.1.
9.10 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
9.11 The Contract is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.
9.12 The Customer 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 Plusnet will provide such help and co-operation as is reasonably necessary or requested by the other to enable compliance with this clause.
9.13 Plusnet may take instructions from a person whom it thinks, with good reason, is acting with the Customer's permission.
10.1 In the Contract the following terms have the meanings shown next to them:
Plusnet British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ, registered in England No. 1800000. Plusnet Equipment any equipment, including any Software, owned or controlled by Plusnet and placed on the Site to provide the Service. Agent any party that is appointed with Plusnet's consent to promote the Service on their behalf Conditions these Business General Terms for Plusnet Business Services. Content applications, data, information, video, graphics, sound, music, photographs, software or any other material. Contract this agreement between Plusnet and the Customer comprising the following documents and, unless otherwise stated in the Service Schedule, in the following order of precedence:
the order/registration form;
the Service Schedule;
the Business General Terms;
the Charges Schedule;
the Customer Requirements Form (if any); and
any other documents expressly incorporated by any of these documents or by agreement between the Customer and Plusnet.
The Service Schedule & Charges Schedule operate independently to each other. Any change to any service specific Service or Charges Schedule will not affect other Schedules or the Business General Terms.
Customer the person with whom Plusnet contracts to provide the Service (or, where applicable, a Plusnet pricing package). Customer Equipment any equipment, including any software, for use with the Service that is not part of Plusnet's network and which is owned or controlled by the Customer. Customer Requirements Form the Plusnet form that sets out the requirements for the Service agreed between the Customer and Plusnet. Group Company a subsidiary or holding company including a holding company, or a subsidiary of any such holding company, all as defined by Section 736 of the Companies Act 1985 and as amended by the Companies Act 1989. Intellectual Property Rights any patent, petty patent, registered design, copyright, design right, database right, rights in designs, invention, semiconductor topography right, know-how, or any similar right exercisable in any part of the world and including any applications for the registration of any patents or designs. Minimum Period the intended minimum period over which the Service will be provided as stated in the Service Schedule, or the order/registration form, and measured from the Service Start Date. Service the service or part of the service specified in the Service Schedule. Service Level the standard of Service set out in the Service Schedule. Service Schedule the schedule to these General Business Terms that describes the Service to be provided by Plusnet or where applicable the terms of a Plusnet pricing package. Service Start Date the date on which the service is first made available to the Customer unless otherwise stated in the Service Schedule. This may sometimes also be referred to as the Operational Service Date. Site the place(s) at which Plusnet provides Service. Software any software and associated written and electronic documentation and data provided by Plusnet under the Contract. User anyone who is permitted by the Customer to use or access the Service. User Security Details any IDs, user names, personal identification numbers and passwords. Working Day any day between Monday and Friday, excluding bank and public holidays. Working Hours working hours are defined as 8.00am to 8.00pm Monday to Friday, excluding bank holidays.
Plusnet Business Broadband - Service Schedule
1. Service Overview
1.1 The Service provides high speed network access in the United Kingdom to the internet, a range of internet services, helpdesk services and applications, for business purposes as described at http://www.plus.net/business and will be provided to the Customer at the Site.
1.2 The Service may be ordered either by Telephone or online at http://www.plus.net/business or via Plusnet's approved third party channels.
1.3 Plusnet guarantee that the equipment that sent to the Customer will work to the relevant specification for the minimum period and will be free from faulty design, manufacture or materials. If at any time during the minimum period the equipment is not working properly the Customer may return it and Plusnet will replace or (at Plusnet's option) repair it.
1.4 Plusnet will not be responsible for any defects arising from fair wear and tear, accidental or willful damage, misuse or failure to follow Plusnet's instructions.
Service Start Date
1.5 Before Plusnet can be certain that it can provide the Customer with the Service, it needs to successfully complete a line test and survey.
If the line test and survey reveal that Plusnet cannot provide the Service to the Customer, Plusnet will notify the Customer as soon as possible and the Service will be cancelled immediately without liability to either party.
1.6 Plusnet will advise the Customer of the date the Service will be activated.
1.7 The Service will have a Minimum Period of 12 or 24 months from the Service Start Date depending upon the Minimum Period that the Customer agrees to when it applies for the Service.
2. Service levels
2.1 Although Plusnet attempt to provide Customers with the best possible Service, Plusnet cannot guarantee that the Service will never be faulty. Plusnet will repair all reported faults as soon as it reasonably can.
2.2 Plusnet's hours of work for fault repair are defined in clause 6 of the Business Broadband Service Schedule.
2.3 If, during a Service outage, Plusnet makes use of the unmetered Broadband backup dialler available to the Customer, the Customer should be aware that this service is not intended to be "always on". Accordingly, Plusnet can suspend or terminate the Customer's access to the Service, as explained in clause 6 of the Business General Terms if it thinks that:-
(a) the Customer's Internet connection is online for 12 hours or more in a 24 hour period; or
(b) the Customer's computer (or another device) is automatically redialling its internet connection.
2.4 If, during a Service outage, the Customer is using the unmetered broadband backup dialler, it should limit its online sessions to 2 hours. To maintain the quality of service to the Customer and other customers, Plusnet reserves the right without notice to impose physical limits to ensure online sessions do not exceed 2 hours and / or to ensure periods of inactivity do not exceed 20 minutes. The Customer may reconnect to the Internet by using its dial-up connection.
3. Responsibilities of the Customer and Plusnet
3.1 The Customer will need a Plusnet enabled phone line. This phone line may be provided by Plusnet directly or by another provider of the Customer's telephone services. The Customer needs to be the account holder or have the written authority from the account holder to use the phone line for the Service.
3.2 The Customer will need to provide a suitable location (including adequate ventilation) at the Site for any Plusnet Equipment and Customer Equipment.
3.3 The Customer must access the Service through the software provided by Plusnet or in an alternative way permitted by Plusnet, and the Customer must not attempt to circumvent any security measures in the Service.
4.1 The Customer must pay the charges for the Service and for any equipment that it purchases from Plusnet. These charges are set out in the relevant Charges Schedules.
4.2 Plusnet will not send paper bills to the Customer. All bills are available online at http://my.plus.net
4.3 Payment is due on the Plusnet's bill date.
4.4 The late payment charge payable under clause 4.11 (a) of the Business General Terms is set out in the Charges Schedule.
4.5 If the Customer changes service to another Plusnet Business Broadband service, there will be no charge however the Customer may be subject to starting a new contract.
4.6 Unless otherwise agreed by the Customer, payment will be made by monthly Direct Debit or debit and credit card.
Service Cancellation terms and Charges
4.7 The cancellation charges referred to in clause 6.1 of the Business General Terms are:-
(a) for the cost of any work Plusnet has had to carry out and/or money Plusnet has spent in getting ready to provide the Service as set out in the Charges Schedule; and
(b) an equipment charge as set out in clause 5.2 below.
Early Termination Charges
4.8 The termination charges referred to in clause 6.3 of the Business General Terms are any subscription, rental, and any other recurring charges (including inclusive usage charges) for any remaining part of the Minimum Period.
4.9 If the Customer ends the Contract after the expiry of the Minimum Period and does not request and use a migration access code (MAC) or other recognised transfer process to move to another service provider, the Customer must pay a cease charge. A cease charge will not be payable where the Customer moves to a new Site and Plusnet is unable to provide the Service at the new Site.
5. Additional conditions
Temporary loss of telephone service
5.1 During activation of the Service, the Customer may experience a temporary interruption in their broadband service. This is because the Customer's login details need to be replaced to allow them to access the Service.
Return of equipment
5.2 Plusnet may require the Customer to return to it:-
(a) any equipment provided by Plusnet if the Contract is cancelled or ended under clauses 6 or 9.1 (c) of the Business General Terms; or
(b) any faulty equipment if the Customer has been provided by Plusnet with equipment to replace faulty equipment,
Such equipment must be returned to Plusnet in the prepaid postage package Plusnet sends to the Customer. If the Customer does not return the equipment to Plusnet within 14 days of receiving the prepaid postage package, the Customer may be charged for the equipment. This charge may include the retail price of the equipment, postal charges for both initial despatch and the prepaid return package and a reasonable administration charge.
5.3 Plusnet may take action to manage network performance during periods where there is high demand which may include line speed reductions, application and protocol management.
Fair Use Policy
5.4 The Customer must use the Service in accordance with the Fair Use Policy. If the Customer does not do so, Plusnet will take the action set out in the Fair Use Policy, which may include reducing the speed at which the Customer is able to use the Service at peak times or ending this Contract.
5.5 Plusnet Business Broadband Option 1 and Option 2 includes a monthly data transfer allowance as set out at http://www.plus.net/business. This allowance expires at the end of each calendar month and cannot be transferred to a subsequent month if unused. Plusnet will notify the Customer once it has reached 80% and 100% of its allowance. If the Customer subsequently exceeds its allowance, Plusnet reserves the right to charge the Customer for its extra usage, or end the Contract, or upgrade the Customer to another Service option that is better suited to the Customer's usage.
5.6 The Customer acknowledges that Plusnet will archive all e-mails from any e-mail account provided to the Customer as part of the Service if that e-mail account has not been accessed for a period of 3 months. Plusnet will notify the Customer when their email has been archived. If the Customer does not attempt to view or access their email 1 month after receipt of the notification email Plusnet reserves the right to delete all stored email.
5.7 In situations where a Customer consistently exceeds the usage guideline, Plusnet reserve the right to charge for additional usage, to upgrade the Customer to another Plusnet Broadband option that is better suited to their usage or end the agreement. Extra usage charges are set out in the Plusnet Business Broadband Charges Schedule. If Plusnet upgrade the Customer to another Plusnet Business Broadband option minimum period will continue to apply.
Static IP Addresses
5.8 If the Customer chooses to opt for Static IP or a range of Static IP addresses provided by Plusnet:-
(a) Plusnet is not responsible under the Contract for providing any technical or other support to the Customer's Local Area Network;
(b) the IP addresses that are allocated to the Customer are for use in connection only with the Service and the Customer will not gain any ownership rights in those IP addresses. The Customer must not sell them or agree to transfer them to anyone else or try to do so.
(c) if the Contract is terminated for any reason the IP addresses will revert to Plusnet.
5.9 Where the Service allows, the Customer may be able to set up its own web site(s) as part of the Service. If the Customer does so, the Customer:-
(a) is responsible for the material that it or anyone else puts on its web site(s);
(b) must include its contact details (e.g. email address) clearly on its web site(s);
(c) must ensure that material on its web site(s) and the use of it must not in any way be unlawful;
(d) must in particular ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.
Limits of Liability
5.10 Subject to clauses 7.2, 7.3 and 7.4 of the Business General Terms, the Customer and Plusnet accept liability to the other in contract, tort (including negligence), breach of statutory duty or otherwise for direct loss limited to:
(a) £1,000,000 for loss of or damage to physical property in any period of 12 consecutive months; and
(b) £500,000 for all other loss or damage arising from any one incident or series of connected incidents and £1,000,000 for all incidents in any period of 12 consecutive months.
5.11 The Service and any associated software is provided solely for the Customer's own use.
5.12 In addition to the addresses stated in clause 9.9 (b) of the Business General Terms, notices may be delivered to the Customer at the primary email address that Plusnet provides to the Customer on registration for the Service.
5.13 Plusnet will also notify the Customer of any changes that Plusnet makes to the Contract under clause 5 of the Business General Terms at the primary email address that Plusnet provides to the Customer on registration for the Service.
Use of email services
5.14 You must accept and read regularly email to firstname.lastname@example.org.
5.15 We accept no responsibility for loss of data, information in any form or other matters whatsoever which result from the use of this Service.
5.16 If you exceed a total of 25MB of unread email on our servers for more than a 30 day period it will be removed without notice to you.
5.17 You may not send any adult material, material liable to offend, defamatory, confidential, secret or other proprietary material using the email service. You will be held responsible for and accept responsibility for any material of this nature available via your email. We accept no responsibility for material of this nature available via your email.
5.18 We shall not be held liable for any loss of material however occasioned.
Full details of all Acceptable Usage Policies (AUPs) are defined at http://www.plus.net/info2/legal/aup.html
6. Standard Care Service Levels
6.1 Plusnet aim to respond to faults within 8 working hours however there is no Service Level Guarantee (SLG) on fault resolution.
7. Enhanced Care Service Level
7.1 Plusnet commits to a 1 "Working Hour" response for all technical support enquiries relating to Plusnet Business Broadband. Responses will be made via the Help Assistant tickets or telephone.
7.2 Plusnet commits to a 24 "Working Hours" resolution for any Fault found to have originated with the Plusnet Business Broadband.
7.3 Plusnet Enhanced Care Business Broadband includes a Service Level Guarantee (SLG). A qualifying fault under the SLG is defined as a customer having no end to end IP connectivity between the internet and customer's CPE (customer premises equipment) at the customer's premises.
7.4 The SLA clock starts when the customer raises a Fault either via the Telephone or the Help Assistant.
7.5 The SLA clock can be suspended due to the following reasons. Suspended time will be excluded from the total fault time:
(a) Fault passed back for retest: Plusnet believes the fault to be resolved and require confirmation from the end user via a retest.
(b) Further diagnostics required: Plusnet requires further end user diagnostics in order to progress the fault.
(c) Awaiting Customer visit appointment: The Fault clock will be suspended whilst the appointment is arranged between the customer and BT and until the completion of the engineer visit.
(d) No access to Customer premises at appointment slot: The Fault clock will be suspended until a new appointment is made.
7.6 The response and resolution time is measured from the moment a Help Assistant ticket reference is created, either by the Customer via the portal or by an analyst over the telephone.
7.7 The Fault will be closed and the Fault clock stopped once the customer informs Plusnet that the Fault has been cleared or after 5 working days, whichever is the earlier.
7.8 The Plusnet Enhanced Care Service provides guaranteed response and resolution service levels to Faults on the Business Broadband Service provided by Plusnet
7.9 The Service applies exclusively to Plusnet Broadband.
7.10 The Service does not apply to other associated services including (but not limited to) email, webspace or any other additional service provided with Plusnet Broadband.
7.11 The agreement does not apply to any equipment connected to the circuit or Plusnet network irrespective of whether or not it has been supplied by Plusnet.
7.12 The Enhanced Care Service is only available to Plusnet customers on the BT Wholesale provided Broadband service.
7.13 The Customer must register the fault either by calling the Plusnet Business Support helpdesk or by registering the fault using the Help Assistant at www.plus.net. Plusnet do not accept fault reports via email or any other means.
7.14 The Customer will provide a nominated contact to which all fault updates will be communicated.
7.15 The Customer agrees to supply Plusnet with all necessary data to prove the existence of a fault and provide reasonable assistance to the Plusnet analyst in determining the cause and condition of the fault throughout the duration of the fault.
7.16 The Customer must be available to provide access to the affected site premises 24/7 in cases where a BT engineer visit is required to fix the fault.
7.17 The Plusnet Enhanced Care Service Level applies once the provision order has been completed and is activated on the account. (This can take up to 5 working days). Only faults raised after this will be dealt with under the Enhanced Care Service Level.
7.18 A 30 day notification period for cancellations is required.
7.19 Where Plusnet fails to meet the service levels defined in Clauses 6 & 7 of the Business Broadband Service Schedule Plusnet agrees to compensate the Customer with a maximum of £20 as a Service Credit. The Service credit will be applied in the form of a credit against the advanced subscription fee for the Plusnet Broadband line affected.
7.20 Compensation is limited to the Service credit. The Customer acknowledges that payment of service credit(s) is in full and final settlement for failure by Plusnet to achieve the service levels set out in Clause 7.1 & 7.2 of the Business Broadband Service Schedule above and is the Customer's sole remedy for such failure
7.21 Any claims must be registered via the Help Assistant at www.plus.net within 5 working days of Plusnet's notification that the fault has been resolved.
7.22 Service credits are limited to a maximum of one month's subscription fee in any calendar month regardless of the number of faults registered by the Customer in any calendar month.
7.23 The Customer can only make one claim against each fault.
7.24 Plusnet is under no obligation to guarantee Service Credits will be issued against every claim. Each claim will be assessed on a case by case basis.
7.25 Plusnet will use only Plusnet's performance and availability information in order to determine whether a fault, as defined in clause 7.3 of the Business Broadband Service Schedule above and subject to any exclusions set out in clause 7.26 below, has occurred. Plusnet's decision on this shall be final.
7.26 Claims will not be issued when a fault is caused by the following:
(a) Loss of Plusnet Broadband service resulting from scheduled maintenance that may affect service availability. Plusnet reserves the right to perform essential maintenance on its network that may affect service availability. Plusnet will make reasonable endeavours to notify customers of such maintenance via www.plus.net.
(b) Where the cause of a fault has been identified as being a malicious act or otherwise through the actions of either the Customer or another Plusnet user that is found to be in breach of Plusnet's Broadband Acceptable Usage Policies (AUP), Service Schedule or Business General Terms.
(c) If a fault was caused by the misuse or interference with the Plusnet supplied service which is beyond the control of Plusnet.
(d) If a fault was caused by data transmission originating from customer equipment.
(e) The Service Levels apply to the Plusnet Business Broadband only.
8. Premise moves
8.1 Office or Premise moves are subject to the Plusnet premise move policy which is set out at http://www.plus.net/support/customer_service/moving_guide.shtml
8.2 Customers will be liable to pay the charges as listed in the Charges Schedule or at online at http://www.plus.net/support/customer_service/moving_guide.shtml
8.3 The Customer acknowledges that they may experience an interruption to their Service during an office or premise move and will not hold Plusnet liable for any loss of Service during this time.
All terms defined in this Service Schedule are stated in clause 10 of the General Business Terms.
Plusnet Business Phone Service Schedule
1. Service Description
1.1 The Service is a telephone line and the facility to make or receive a Call and any related services listed at the Plusnet website or Business Phone Charges Schedule that Plusnet agrees to provide to the Customer under the Contract.
1.2 The service is only available to Plusnet Business Broadband Customers.
Provision of the service
1.3 Plusnet will provide the Service by the date agreed with the Customer. Sometimes Plusnet will agree the date following a survey of the Site.
Phone Book and Directory Entries
1.4 The Service includes a telephone number. This number will be put in the appropriate BT Phone Book, together with the Customer's details, and made available from BT's directory enquiries service unless the Customer requests otherwise. Plusnet may agree to a special entry in the BT Phone Book at an additional charge.
1.5 The Minimum Period is 12 months, however if the Customer has a service that is dependant on the existence of this service the Customer will need to retain the line for the duration of the other service.
2. Service Levels, Fault Management and Service Guarantees
2.1 Plusnet aims to provide a continuous, high-quality service. If something goes wrong, Plusnet will work on any problem that is reported to us in line with the level of repair service chosen by the Customer. Not all levels of repair service may be available with your service
2.2 If Plusnet have arranged an engineer visit at a time pre-confirmed with the Customer and the Customer is without Service by reason of a fault with the Service, the Customer may be entitled to claim back charges relating to the Service which have accrued during the period when the Service is unusable ("compensation") if Plusnet or our agents fail to keep that appointment with you. Any compensation will be calculated on a pro-rata basis in accordance with the Customers Subscription fees only.
2.3 Any compensation awarded will be payable solely as a credit against the Customers next monthly invoice and in accordance with the following General Terms:
(a) The maximum compensation claimable for each line is £180 per annum;
(b) Compensation is payable entirely at Plusnet's discretion and will be given as a gesture of goodwill not as an admission of liability;
(c) Plusnet's liability for any fault in the Service shall be limited to the compensation. The Customer agrees that payment of any compensation shall be in full and final settlement of any loss or damage suffered by the Customer as a result of any failure to provide the Service.
2.4 Compensation cannot be claimed in accordance with clause 2.2 of the Business Phone Service Schedule in the following circumstances:
(a) The Customer have not made a claim for compensation within 30 days of the fault being reported to Plusnet; or
(b) the failure is due to an outage which is not isolated to the Customers line, for example network wide outage; or
(c) matters beyond Plusnet's reasonable control as stated in clause 9.1 (a), (b) & (c) of the Business General Terms; or
(d) Plusnet suspend the Customers Service in accordance with clause 5.6 of the Business Phone Services Schedule or the Customer is in breach of any term of the Agreement; or
(e) through no fault on Plusnet's part, Plusnet is unable to carry out any necessary work on the Customers Premises; Plusnet is unable to gain access to the Customers Premises; Plusnet is unable to agree an appointment date; the work is aborted; or Plusnet requires information or assistance from the Customer to prove the Service but are unable to gain this assistance or information.
3. Responsibilities of the Customer and Plusnet
3.1 Where the Service provided under the Contract connects a point in Plusnet's or their Suppliers electronic communications network to a point outside Plusnet's or their Suppliers electronic communications network, the provisions of the Contract apply only to that part of the Service which is provided by means of an electronic communications network which Plusnet or their Suppliers provides. Plusnet is not responsible in any way for any electronic communications services provided by any other electronic communications service provider and the Customer is responsible for making applications to such providers, for compliance with their terms and conditions and for payment of any charges.
4.1 The Customer must pay the charges for the Service and for any equipment that it purchases from Plusnet. These charges are set out in the Business Phone Charges Schedule.
4.2 If the Customer orders temporary Service, Plusnet may bill the Customer for the rental charge in advance for the whole period of the temporary Service.
4.3 Any credits to be applied to the Customer's bill will be applied by Plusnet in arrears.
4.4 Plusnet will not send paper bills to the Customer. All bills are available online at http://my.plus.net
4.5 Payment is due on the Plusnet's bill date.
4.6 The late payment charge payable under clause 4.11 (a) of the Business General Terms
4.7 Unless otherwise agreed by the Customer, payment will be made by direct debit or credit and debit card
4.8 The termination charges referred to in clause 6.3 of the Business General Terms are any subscription, rental, and any other recurring charges (including inclusive usage charges) for any remaining part of the Minimum Period as described in clause 9 of the Broadband Charges Schedule.
4.9 If the Customer is using any services, applications or features which are free of charge, these will end on the day the Customer agreement with Plusnet ends.
5. Additional Conditions
5.1 Plusnet cannot and do not guarantee that Plusnet will provide or transfer any or all services or equivalents to Additional Calling Features the Customer may have active with their previous provider save as set out in the Product Description.
5.2 Plusnet do not provide the Customer with any equipment as part of a Plusnet Business Phone product, such as a telephone or any other hardware or services.
5.3 Should the Customer transfer to a Plusnet Business Phone product or similar service from a third party service provider, Plusnet will use reasonable endeavours to keep your existing telephone number during the transfer, however Plusnet cannot guarantee this. Plusnet will maintain the Customers BT Phone Book and Directory Enquires status at the time of transfer. For example if the Customer are listed as Ex Directory with their previous provider the Customer will continue to be Ex Directory on completion of the transfer. The Customer can request to change their directory status by contacting Plusnet in writing via the Help Assistant.
5.4 The Customer authorise Plusnet to act on their behalf in all dealings with BT or any other network operator or service provider in connection with the Service, and in particular the Customer consent to BT or any other network or service provider (as applicable) providing Plusnet with access to, and transferring to Plusnet or any nominated third party, any personal data of the Customer (and other relevant information) to allow Plusnet or any nominated third party to connect the Customer to, and provide the Customer with, the Service.
5.6 Where the Service is being or has been used inappropriately as defined in clause 3.2 in the Plusnet Business General Terms, or Plusnet suspect that the Service is being or has been used inappropriately, Plusnet may contact the police and/or co-operate with the police or any regulatory or similar or relevant authority or body in connection with any misuse. Plusnet may pass on the Customers personal details and personal data to these authorities or bodies, in particular where Plusnet are required to do so by law, and the Customer consent to such use of the Customers personal details and personal data.
5.7 Plusnet may use a nominated third party to connect the Customer to, and/or provide the Customer with, the Service.
5.8 Plusnet may accept instructions regarding the Service from any person who reasonably appears to be acting on the Customers authority. Any agreements made on the Customers behalf by such a person will be binding on the Customer and subject to these General Terms and relevant Service Schedule.
5.9 Call data records will be kept for the purposes of billing, backup, problem solving, network management, marketing, in relation to any inappropriate use as defined in clause 5.6 of the Business Phone Services Schedule and where required by law.
6. Actions we may have to take
6.1 Plusnet may have to alter the Service including the Customers phone number and/or STD code for operational reasons.
6.2 If any operator shall discontinue the provision of telecommunications services to Plusnet or shall alter, modify, expand, improve, maintain, repair, suspend or otherwise change the telecommunications services or any part thereof provided to Plusnet, Plusnet shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Service to the Customer as necessary.
6.3 If you elect to use another provider for some or all of your calls we may at our sole discretion decide to:
(a) bar the use of IDA or CPS codes;
(b) charge a higher fee for the use of the Service;
(c) terminate this Agreement; and/or
(d) disconnect all or any part of the Service.
7. Premise moves
7.1 Office or Premise moves are subject to the Plusnet premise move policy which is set out at http://www.plus.net/support/customer_service/moving_guide.shtml
7.2 Customers will be liable to pay the charges as listed in the Charges Schedule or at online at http://www.plus.net/support/customer_service/moving_guide.shtml
7.3 The Customer acknowledges that they may experience an interruption to their Service during an office or premise move and will not hold Plusnet liable for any loss of Service during this time.
Plusnet Business Broadband Phone Service Schedule
1.1 The service will allow calls between SIP (Session Initiation Protocol) enabled devices and between PSTN (Public Switched Telephone Network) fixed or mobile telephone networks in the UK or abroad. These calls will be charged at the rates published on our website. The service is designed to function with other SIP networks. A list of SIP Service Partners is available on our website.
1.2 The Service is only available to customers of Plusnet's broadband services.
Provision of Service
2.1 Occasionally Plusnet may give the Customer instructions which it believes are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by Plusnet to the Customer or any other customer;
2.2 In order to use the Service customers must download the recommended software available from the Broadband Phone portal. Plusnet do not offer or recommend any particular SIP-compatible hardware. Although we do not support SIP hardware, our Community site members regularly list hardware configurations at http://community.plus.net/forum/index.php/board,39.0.html
2.3 The customer must ensure that any equipment:
(a) connected to or used with the Service is connected and used in accordance with any applicable instructions, safety and security procedures; and
(b) attached (directly or indirectly) to the Service is compliant with any relevant legislation.
Use of the Service
3.1 The Service is intended for sending and receiving voice transmissions over the Internet. Customers understand that:
3.2 The service is not intended as a like-for-like replacement for PSTN telephone services.
3.3 Customers must retain a PSTN telephone line in order to use the Service.
3.4 Plusnet makes no guarantees as to the availability or functionality of the Service.
3.5 The service can be used to make emergency calls including 999 calls. In order to connect your 999/112 call to the emergency services we are required to pass on your location information (address and caller line identification number) to the National Emergency Location information database. This is so we can provide your whereabouts in instances where you are unable to do so. We ask that you to provide a true representation of your whereabouts using the Emergency Address details wizard at this link. It is your responsibility to keep this location information up-to-date - we will not update the details if you move house. By default, we will provide the fixed line address your Broadband service is connected to. For more information on how to use the Emergency Address details please click this link.
3.6 All Broadband Phone products also allow calls to directory enquiry numbers provided there is sufficient credit available.
3.7 In order to maximise service availability for all Customers, the maximum call duration is 120 minutes for a single call. If you reach this duration, your call will disconnect automatically and you will be able to reconnect immediately.
3.8 Plusnet Broadband Phone services are fully PATS compliant. The Ofcom PATS conditions can be found at this link. Plusnet provides a full list of PATS compliant services for customers with special requirements. Click here to view a list of our services.
3.9 The Service is intended to give you continuous connection, however there may be occasions which are not within our control where the service is not available or there is a degradation in quality of voice calls. Such occasions include, but are not limited to: availability of your broadband connection due to service faults, mistakes with customer configuration, computer viruses, availability or quality of connections with our suppliers to the telephone network, power disruptions or weather conditions.
3.10 If a geographic number (one that begins with 01 or 02) is not available, we have the right to issue you with a non-geographic number (one that begins with a number other than 01 and 02).
3.11 Where we have provided the service free or as part of another package and you allow more than 90 days to pass after the last time you used it to make an outgoing call, your agreement for the service will end automatically and you will lose your Plusnet Broadband Phone number.
Plusnet Business Broadband Charges Schedule
1. All prices quoted in this Plusnet Business Broadband Charges Schedule exclude VAT except where it says otherwise.
2. All Plusnet Business Broadband options have a minimum period of either 12 or 24 months.
3. A new minimum period will apply to Plusnet customers who change to the Plusnet Business Broadband Products detailed below on or after 27th July 2009 unless the change relates to an offer in which case the offer minimum period will apply.
4. Pricing is subject to geographical location and contract length. Table 1 shows the standard pricing for both the 12 and 24 month contract options. If the Customers premises cannot be connected to the broadband service supplied with this package, the pricing detailed in Table 2 will be applicable.
Product Setup fee 12 month contract Monthly subscription 24 month contract Monthly subscription Business Broadband Option 1 £30.00 £12.00 £10.00 Business Broadband Option 2 £30.00 £18.00 £15.00 Business Broadband Option 3 £30.00 £28.00 £25.00
Product Setup fee 12 month contract Monthly subscription 24 month contract Monthly subscription Business Broadband Option 1 £30.00 £16.00 £15.00 Business Broadband Option 2 £30.00 £26.00 £23.00 Business Broadband Option 3 £30.00 £35.00 £32.00
5. Customers changing service (account type) during the minimum contract period, will start a new minimum term contract dependant on the Plusnet Business Broadband Option they request to move to. If the Customer moves from an 24 month contract to a 12 month contract and still has more than 12 months left, the longer term will apply.
6. If Customers moving from any of the not for sale Business Broadband services to the Plusnet Business Broadband services detailed above, Customers will move their deferred contracts to run parallel with the new minimum term contract.
The extra usage charge
7. If Plusnet charge the Customer for extra usage under the usage guideline, the charge will be £1 per GB (gigabyte), this will be rounded up to the next whole GB. This applies to The Customers Broadband service.
Ending the service
8. When the Customer ends their broadband service and do not request and/or use a migration access code (MAC) or another recognised transfer process to move to another service provider, the Customer will have to pay a cease charge of £20.83 + VAT.
9. Unless Plusnet have made a change to the prices or Business General Terms that is to the Customers material disadvantage or paragraphs 5 or 9.1 of the Business General Terms apply, the Customer must pay a charge for ending their Plusnet Broadband service within the minimum period by way of compensation to Plusnet. This charge will be equal to the total of the monthly rental charges left in the minimum period, and if applicable, the cease charge in paragraph 8 of this Service Schedule Schedule.
Broadband care level charges
10. Standard care is included with all Plusnet Business Broadband products. Enhanced Care is charged at £8.50 per month.
Plusnet Broadband Phone Charges Schedule
1. Full product pricing and tariff information is available here.
2. Plusnet Broadband Phone is only available to Plusnet Broadband customers with an active broadband service.
3. Plusnet charge for calls by the day and time they are made, and the time periods described in these Plusnet Broadband Phone price terms are as follows:
(a) 'Weekend' means any time on Saturday or Sunday.
(b) 'Evening' means before 6am or after 6pm on Monday to Friday.
(c) 'Daytime' means any other time period.
4. All prices quoted in these Plusnet Broadband Phone Charges Schedule exclude VAT except where it says otherwise.
Minimum Period and Monthly Service Fees
5. Plusnet Broadband Phone has a minimum period of 1 month. There are no network connection charges.
6. The following monthly rental charges apply:
(a) Plusnet Broadband Phone Business PAYG - No subscription fee, all calls charged at standard rates, included with all Plusnet Business Broadband services.
(b) Plusnet Broadband Phone Business (50 anytime hours to 01/02/03 numbers) - £19.99 per month.
(c) Plusnet Broadband Phone Business Extra (83 anytime hours to 01/02/03 numbers) - £29.99 per month.
Plusnet Business Phone Charges Schedule
1. All prices and payments quoted in these Plusnet Business Phone Charges Schedule exclude VAT except where it says otherwise.
2. We charge calls by the day and time they are made, and the time periods described in these Plusnet Talk Services price terms are as follows:
(a) 'Weekend' means any time on Saturday or Sunday.
(b) 'Evening' means before 6am or after 6pm.
(c) 'Daytime' means between 6am and 6pm.
Connection charges for Plusnet Business Phone
The following connection charges apply for Plusnet Business Phone.
Charge Cost New line provide £99.00 Start a stopped line Free BT transfer Free LLU transfer Free Premise move Depends on the type of move - please contact Customer Support Transfer out Free Cable transfer £99.00 Re-number £31.17
Extra connection and equipment charges
3. If it is necessary to provide telephony services using equipment which Plusnet does not provide as standard, Plusnet may charge a special rental rate or any other charge for that.
4. Plusnet may also charge you for extensive new construction over and above standard needs. Plusnet will attempt to advise you of these charges before any work is undertaken, however this may not always be possible. Plusnet will begin charging the Customer for the Service from the date that the Service is activated or transferred. The Customer will be charged as follows:
(a) Plusnet will take payment for all subscription fees in advance on the Customers monthly invoice date;
(b) Plusnet will provide you with a call allowance, where applicable.
(c) Plusnet will take payment for all chargeable call charges accrued in the month in arrears on the Customers next monthly invoice date.
Converting a line and other set-up charges
5. Charges for converting hard-wired master sockets and any other conversion charges are £95 (inc VAT) call out charge, then £65 (inc VAT) an hour (or part hour) there after.
Providing a restricted service
6. Plusnet may restrict the Customers service for non payment of charges or where unapproved attachments have been made to the line. Plusnet will charge the Customer £5.76 (Inc VAT) to apply/or lift any of these restrictions.
Providing Business Phone call plans and service features
Package name Line rental only Anytime Line rental £13.00 £13.00 Call plan cost £0.00 £6.00 Call plan details All calls charged at standard rates. See full tariff for details
Included Anytime calls to UK geographic numbers (01, 02, 03 only)
Anytime calls defined as daytime, evening or weekend calls
Inclusive calls to Plusnet customer support (no setup fee or maximum call length) Yes Yes Free calls to other Plusnet Business Phone and Plusnet Talk services Yes Yes
Call and bill information
7. A call set-up fee of 5 pence applies except to inclusive calls and certain types of specialist calls (full details of which can be found in the Business Phone Tariff available at http://www.plus.net/business/tariffs/wlrtariff.html. The duration (length of time) of calls are rounded up to the next whole minute before Plusnet work out the call charge. Call charges are rounded up to the next penny before VAT is added. The charge including VAT will also be rounded up to the next whole penny.
Call charges for Plusnet Business Phone Calling Plans
8. The following table details the call charges for the most common call types. Full tariff information for all call types are detailed in the Business Phone Call tariff.
9. Calls crossing over a time period charge band, will be charged at a pro-rata call rate (see the Plusnet Business Phone Call tariff for each call rate) for each time period.
10. Any exceptions for numbers beginning with 0845 or 0870 are set out in the Plusnet Talk Price List. Call charges for 0845 and 0870 calls, not including VAT, are rounded up to the next penny.
Call type Daytime cost Evening cost Weekend cost Local and National calls £0.015 £0.010 £0.010 0845 (NTS) £0.034 £0.033 £0.022 0870 (NTS) £0.067 £0.067 £0.067 UK Mobiles (FM1, FM2, FM3, FM4, FM5, FM6) £0.0995 £0.0995 £0.0995 (FM2 £0.1735)
Operator assistance - alarm calls
Reverse charges - payphone - transfer charge
Reverse charge - transfer charge
All these rates are specified in the Business Phone Call Tariff. In addition these are charged the call set up fee and subject to a 5% admin fee Specialist calls
All these call rates are specified in the Business Phone Call Tariff International landline and mobile calls All these call rates are specified in the Business Phone Call Tariff
11. All other prices should be on the Business Phone Call Tariff. Due to the nature of the product, prices are added and changed regularly. Plusnet always try to update the Plusnet Talk Price List regularly; however the Customer accepts that prices shown may be different to or not show the call tariff.
Call features Monthly cost Single-use cost when not subscribed Available in bundle 1471 Free N/A No 1471 Call Return N/A 10p per use No Voicemail (1571) Free N/A No Voicemail Plus (Call Minder) £3.00 N/A No Reminder Call £2.50 30p per use Yes Call Waiting £2.50 N/A Yes Call Divert £2.50 N/A Yes Ring Back £2.50 30p per use Yes Anonymous Call Reject £4.00 N/A No Caller Display £0.99 Yes Conference Call N/A 58.65 per use No
12. Buying calling features depends on whether they are available, and a minimum period does not apply.
Call feature bundles
Number of features Bundle price 2 £3.00 3 £4.50 4 £6.00 5 £7.50
12. Buying calling features depends on whether they are available, and a minimum period does not apply.
Repair and customer visits
13. No charges normally arise with the standard fault repair service. However, Plusnet will make a charge for new and replaced items. If the Customer asks requests work to repair a fault on items that Plusnet are responsible for maintaining, and Plusnet or our suppliers are not able to find a fault, Plusnet will charge the Customer for the visit.
14. The standard requests for an engineer to visit to perform work in clause 15, and any standard requests, for example moving a socket, is £95 call out charge, then £65 an hour (or part hour) there after.
15. Where we arrange for an engineer to visit the Customers Premises for activation of the Service, or for resolution of a fault, the Customer will be responsible for any costs incurred owing to any of the following:
(a) an engineer attends an incorrect address as provided by the Customer;
(b) the site for installation does not meet the minimum requirements as agreed during the product registration;
(c) an engineer arrives to carry out the installation at the address provided by the Customer, but you no longer want the installation completed;
(d) entry is refused to the Premises, or access cannot be gained, at the appointed time, as agreed between Plusnet and the Customer;
(e) the Customer reports a fault, an engineer attends the Customer Premises, and discovers the fault is not the result of the Service;
(f) the Customer reported problem, following request for an engineering visit, cannot be confirmed; and
(g) when the Customer cancels a request for an engineering visit later than 48 hours before the scheduled visit.
Ending the Service
16. Unless Plusnet has made a change to the Service or Charges Schedule that is to the Customers material disadvantage or the Customer must pay a charge for ending the service within the minimum period by way of compensation to Plusnet. This charge will be equal to the total of the monthly rental charges left in the minimum period.