Plusnet Business service schedules
Plusnet Business Broadband service schedule
1.1 The service provides high speed network access in the United Kingdom to the Internet, together with a range of Internet services, helpdesk services and applications, for business purposes as set out at 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 www.plus.net/business or via Plusnet's approved third party channels.
1.3 Where equipment is provided under the contract, clause 2.1 of the Business General Terms will not apply to that equipment.
1.4 For any equipment supplied under the contract:
1.4.1 risk passes and acceptance takes place at the time of delivery;
1.4.2 title in equipment passes to the Customer on payment of the charges as detailed in the Charges schedule at which point the equipment becomes Customer equipment, however title in any equipment supplied without charge remains with Plusnet as Plusnet equipment;
1.4.3 until title passes the Customer undertakes not to sell, charge, assign, transfer or dispose of or part with possession of or encumber the equipment in any way;
1.4.4 Plusnet does not guarantee the continuing availability of any equipment and Plusnet reserves the right to add to, substitute or to discontinue any equipment; and
1.4.5 it is the Customer's responsibility to satisfy itself as to the suitability of the equipment for its needs.
1.5 If the Customer does not wish to use Plusnet provided equipment with the service, the Customer can connect their own equipment once Plusnet has proved the service to be working. The Customer is responsible for ensuring that its equipment is compatible with the service.
Service start date
1.6 Before Plusnet can be certain that it can provide the Customer with the service, it needs to successfully complete a line test and/or survey. If the line test and/or survey reveal that Plusnet cannot provide the service to the Customer, Plusnet will notify the Customer as soon as possible and the contract for the service will be cancelled immediately without liability to either party.
1.7 The service start date is the date Plusnet advises the Customer the service has been activated.
1.8 The service will have a minimum period of:
1.8.1 twelve or twenty four months for fibre based service options; or
1.8.2 twelve or twenty four months for non-fibre based options, from the service start date depending upon the minimum period that the Customer agrees to when it applies for the service.
Faults in the service
2.1 Plusnet will provide the Customer with the service care level applicable to the service option selected.
Standard Care service level
Enhanced Care service level
2.3 For the Enhanced Care service level 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.
2.4 Plusnet commits to a 24 "working hours" resolution for any fault found to have originated with the Plusnet Business Broadband.
2.5 Plusnet Enhanced Care Business Broadband includes a 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 customer premises equipment (CPE) at the customer's premises.
2.6 The SLG clock starts when the customer raises a fault either via the Telephone or the Help Assistant.
2.7 The SLG clock can be suspended due to the following reasons and suspended time will be excluded from the total fault time:
2.7.1 Fault passed back for retest: Plusnet believes the fault to be resolved and require confirmation from the end user via a retest.
2.7.2 Further diagnostics required: Plusnet requires further end user diagnostics in order to progress the fault.
2.7.3 Awaiting customer visit appointment: The fault clock will be suspended whilst the appointment is arranged between the customer and Plusnet and until the completion of the engineer visit.
2.7.4 No access to Customer premises at appointment slot: The fault clock will be suspended until a new appointment is made.
2.8 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.
2.9 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.
2.11 If, 10 days after the Customer's service is up and running, the Customer is always getting line speeds slower than the estimated line speed range Plusnet provided when the Customer signed up, Plusnet will try to improve the line speed.
2.12 If the Customer is not receiving the broadband line speed we estimated, Plusnet will try to improve the service the Customer is receiving. Plusnet may provide the Customer with instructions on checks the Customer must make in their premises. We may also arrange for an engineer to visit their premises, if required, to improve their service. If after the Customer has followed Plusnet's instructions to improve their line speed, where:-
2.12.1 the Customer signed up, changed product or moved premises since 29th May 2017, and their line speed is still regularly lower than the last 'Minimum Guaranteed Access Line Speed' provided to the Customer; or
2.12.2 the Customer signed up before 29th May 2017, and has not changed their product or moved premises since then, or the Customer last changed their product or moved premises before 29th May 2017, and the line speed is still significantly lower than the last estimated line speed range Plusnet provided to the Customer,
the Customer will be entitled to end our agreement for the service without paying any applicable early termination charges or cease fees. However, Plusnet will not refund the Customer for the use of the service during the period between the date Plusnet began providing services to the Customer and the end of our agreement.
2.13 This right is in addition to any other legal rights you may have to cancel our agreement.
2.14 The service levels apply exclusively to Plusnet Broadband (both fibre and non-fibre).
2.15 The service levels do not apply to other associated services including (but not limited to) email, webspace or any other additional service provided with Plusnet Broadband.
2.16 The service levels do not apply to any equipment connected to the circuit or Plusnet network irrespective of whether or not it has been supplied by Plusnet.
2.17 The Customer must register the fault either by calling the Plusnet Business Support helpdesk or by registering the fault using the Help Assistant. Plusnet do not accept fault reports via email or any other means.
2.18 The Customer will provide a nominated contact to which all fault updates will be communicated.
2.19 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.
2.20 The Customer must be available to provide access to the affected site premises 24/7 in cases where an engineer visit is required to fix the fault.
2.21 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.
2.22 A 30 day notification period for cancellations is required.
2.23 Where Plusnet fails to meet the service levels as set in paragraphs 2.3 to 2.10 of this 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.
2.24 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 as set in this paragraph 2.3 to 2.10 of this Business Broadband service schedule, and is the Customer's sole remedy for such failure.
2.25 Any claims must be registered via the Help Assistant within 5 working days of Plusnet's notification that the fault has been resolved.
2.26 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.
2.27 The Customer can only make one claim against each fault.
2.28 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.
2.29 Plusnet will use only Plusnet's performance and availability information in order to determine whether a fault, as defined in paragraph 2.5 of the Business Broadband service schedule above and subject to any exclusions set out in paragraph 2.30 of this Business Broadband service schedule below, has occurred. Plusnet's decision on this shall be final.
2.30.1 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 the Customer of such maintenance via www.plus.net;
2.30.2 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 the Acceptable Usage Policy (AUP), service schedule or Business General Terms;
2.30.3 if a fault was caused by the misuse or interference with the Plusnet supplied service which is beyond the control of Plusnet; or
2.30.4 if a fault was caused by data transmission originating from customer equipment.
2.31 The service levels apply to the Plusnet Business Broadband only.
Faults in the equipment
2.32 If, during the guarantee period, Plusnet is notified of a fault in the equipment which is due to faulty design, manufacture or materials, or the negligence of Plusnet, Plusnet will where necessary by arrangement with the Customer, replace or (at its option) repair the faulty part free of charge provided that:
2.32.1 the equipment has been properly kept, used and maintained in accordance with the manufacturer's or Plusnet's instructions, if any, and has not been modified except with Plusnet's written consent;
2.32.2 the fault is not due to accidental or wilful damage; interference with or maintenance of the equipment by persons other than Plusnet;
2.32.3 the fault is not due to faulty design by the Customer where the equipment has been manufactured to the Customer's design; or
2.32.4 the equipment has not been tampered with so as to invalidate the guarantee.
2.34 Where the equipment is installed by the Customer, the Customer will normally be required to return faulty equipment to Plusnet (where necessary, by arrangement with the Customer), unless Plusnet agrees otherwise in writing.
2.35 If the Customer reports a fault and Plusnet finds there is none or the fault falls outside paragraphs 2.32 and 2.33 of this Business Broadband service schedule, Plusnet may apply a charge as set out in the Charges schedule.
2.36 Plusnet does not warrant that software supplied under the contract will be free of faults or that its use will be uninterrupted, but Plusnet will remedy those defects which significantly impair performance (where necessary by arrangement with the Customer) within a reasonable time.
2.37 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, or due to a delayed installation, 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 Customer's subscription fees only.
2.38 Any compensation awarded relating to paragraph 2.37, will be payable solely as a credit against the Customer's next monthly invoice and in accordance with the following general terms:
2.38.1 the maximum compensation claimable for each line is £180 per annum;
2.38.2 compensation is payable entirely at Plusnet's discretion and will be given as a gesture of goodwill not as an admission of liability; and
2.38.3 Plusnet's liability for any fault in the service or delay in installation of 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.
2.39 Compensation cannot be claimed in accordance with paragraph 2.37 of this Business Broadband service schedule in the following circumstances:
2.39.1 the Customer has not made a claim for compensation within 30 days of the delayed installation of the service or within 30 days of the fault being reported to Plusnet; or the failure is due to an outage which is not isolated to the Customer's line, for example network wide outage;
2.39.2 matters beyond Plusnet's reasonable control as stated in clause 9.2 of the Business General Terms;
2.39.3 Plusnet suspend the Customer's service in accordance with paragraph 6.4 of the Business General Terms or the Customer is in breach of any term of the agreement;
2.39.4 through no fault on Plusnet's part, Plusnet is unable to carry out any necessary work on the Customer's premises; Plusnet is unable to gain access to the Customer's premises; Plusnet is unable to agree an appointment date; the work is aborted; or Plusnet requires information or assistance from the Customer but is unable to gain this assistance or information; or
2.39.5 Plusnet re-arranges the engineer appointment prior to the agreed appointment time.
Responsibilities of the Customer and Plusnet
3.1 Depending on the service option selected, 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 or in an alternative way permitted by Plusnet, and the Customer must not attempt to circumvent any security measures in the service.
3.4 The Customer will be provided with a user name and associated mailbox. The Customer acknowledges that Plusnet may, without notice, delete the Customer's mailbox(es), content and/or user name, if the mailbox(es) has not been accessed for over 90 days and, if the Customer has not accessed any mailbox provided under the email account within that period, terminate the Customer's email service. Plusnet will not be liable to the Customer where such deletion results in the Customer failing to perform any of its obligations under the contract.
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 schedule.
4.2 Plusnet will not send paper bills to the Customer (unless required to by applicable law or regulatory guidance). All bills are available online at www.plus.net/my.html.
4.3 Payment is due on the Customer's bill date.
4.4 If the Customer changes service to another Plusnet Business Broadband service, there will be no charge however the Customer may be required to start a new contract (with a new minimum term).
4.5 Unless otherwise agreed by the Customer, payment will be made by monthly Direct Debit or debit and credit card.
Excess construction charges
4.6 If Plusnet determines that additional infrastructure is required to enable the Customer to receive the service, Plusnet will inform the Customer by notice in writing of the excess construction charges to apply.
4.7 The Customer will have a period of 28 days from the date of the notice within which to accept the charges. Failure to accept the charges within this timescale will result in the Customer's order for the service being cancelled without liability to either party.
4.8 Where the Customer accepts the charges, but subsequently cancels the order prior to installation of the service, the Customer will have to pay Plusnet for any work completed or committed to, together with a cancellation charge as set out in the Charges schedule.
Abortive visit charge
4.9 Plusnet reserves the right to raise an abortive visit charge as set out in the Charges schedule in the following circumstances:
4.9.1 an engineer attends an incorrect address provided by the Customer;
4.9.2 an engineer arrives to carry out the installation at the address provided by the Customer, but the Customer no longer wants the installation completed or, having previously chosen to be present at the time of installation, the customer does not attend;
4.9.3 when entry is refused at the site, or no access can be gained at the appointed time agreed between Plusnet and the Customer;
4.9.4 if Plusnet is delayed in its installation activities because the Customer fails to make equipment that Plusnet has despatched to the Customer for installation purposes available at the site;
4.9.5 if the engineer attends on site and finds that the location and/or environment provided by the Customer for the Plusnet equipment and/or Customer equipment is not suitable; or
4.9.6 if the Customer provides Plusnet with less than 24 hours notice of an amendment to, or cancellation of, its order.
4.10 If the service option selected by the Customer includes a monthly usage allowance then the allowance will expire 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 in accordance with the charges set out in the Charges schedule, or end the contract in accordance with clause 6 of the Business General Terms, or upgrade the Customer to another service option that is better suited to the Customer's usage.
Early termination charges
4.13 If the Customer ends the contract for the service and the service is ceased or the Customer switches their service to another provider on a different network, the Customer must pay a cease charge which is set out in the Charges schedule. 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.
Temporary loss of service
5.1 During activation of the service, the Customer may experience a temporary loss in its telephone service. This is because the Customer's existing connection needs to be replaced to allow it to access the service.
Plusnet fibre broadband
5.2 Further to clause 2.4 of the Business General Terms, the Customer will obtain at its cost any permission needed for Plusnet to put any Plusnet equipment on the site. Permissions may include that of landlords and/or any necessary planning consent. In addition to the indemnity set out in paragraph 5.15 of this Business Broadband service schedule, the Customer will be liable to Plusnet if Plusnet incurs any other costs as a result of the Customer's failure to obtain necessary permissions.
5.3 Depending on the fibre broadband option selected;
5.3.1 Plusnet Equipment required to provide the service is connected to the Customer's master telephone socket; or
5.3.2 Plusnet Equipment required to provide the service is installed both to the outside of the Customer's site and within the site (optical termination point).
5.4 If an optical termination point is fitted, a battery backup unit will be installed.
5.5 Plusnet can provide and install a data extension kit up to 20 metres in length at no additional charge, should the Customer require Plusnet equipment to be located at a distance from the main master telephone socket or optical termination point. The route the data extension kit will run will be agreed between the engineer and the Customer at the time of installation.
5.6 If the Customer chooses to connect their own equipment to fibre broadband, instead of the router offered by Plusnet as part of its Plusnet Business Broadband product, Plusnet cannot offer any support to set up your fibre broadband and you will need to contact your router provider for support. As some routers can be locked to a specific provider and there can be other issues with the compatibility of other routers we strongly recommend that you use one of our routers where we can provide full support.
5.7 Where a battery backup unit is installed the Customer is responsible for the ongoing replacement of batteries.
Return of equipment
5.8 Plusnet may require the Customer to return to it:
5.8.2 any faulty equipment if the Customer has been provided with equipment by Plusnet 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 (at the charges set out in the Charges schedule), postal charges for both initial despatch and the prepaid return package and a reasonable administration charge.
5.9 Any infrastructure or Plusnet equipment including battery back-up unit, installed under this contract will remain in-situ at the site following the ending of the contract for any reason.
5.10 In exceptional circumstances 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.
Static IP addresses
5.11 If the Customer chooses to opt for static IP or a range of static IP addresses provided by Plusnet:
5.11.1 Plusnet is not responsible under the contract for providing any technical or other support to the Customer's Local Area Network;
5.11.2 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; and
5.11.3 if the contract is terminated for any reason the IP addresses will revert to Plusnet.
5.12 Where the service allows, the Customer may be able to set up its own website(s) as part of the service. If the Customer does so, the Customer:
5.12.1 is responsible for the material that it or anyone else puts on its website(s);
5.12.2 must include its contact details (e.g. email address) clearly on its website(s);
5.12.3 must ensure that material on its website(s) and the use of it must not in any way be unlawful; and
5.12.4 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
5.13.1 £1,000,000 for loss of or damage to physical property; and
5.13.2 £50,000 for all other direct loss or damage arising from any one incident or series of connected incidents and £100,000 for all incidents in any period of 12 months.
5.15 The Customer will indemnify Plusnet against any claims that are brought or threatened against Plusnet by a third party because the Customer has failed to obtain necessary permissions as required by paragraph 5.2 of this Business Broadband service schedule.
5.16 The service and software is provided solely for the Customer's own use and the Customer will not resell or attempt to resell either (or any part or facility of it) to anyone else.
5.17 In addition to the addresses stated in clause 9.13.1 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.
5.18 Plusnet at its discretion may 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
5.19 You must accept and read regularly emails sent to firstname.lastname@example.org.
5.20 We accept no responsibility for loss of data, information in any form or other matters whatsoever which result from the use of this service.
5.21 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.
5.22 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.
5.23 We shall not be held liable for any loss of material however occasioned.
5.24 Email shall be used in accordance with our Acceptable Usage Policy.
5.25 Office or premises moves are subject to the moving home or office guide.
5.27 The Customer acknowledges that they may experience an interruption to their service during an office or premises move and will not hold Plusnet liable for any loss of service during this time.
Plusnet Business Phone service schedule
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 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.
1.5 The service will have a minimum period of one, twelve or twenty four months from the service start date depending on the minimum period that the Customer agrees to when it applies for the service, provided that where the Customer has a service that is dependent on the existence of this service, the Customer will need to retain the line for the duration of the other service.
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. Plusnet aim to respond to faults on the service within 8 hours. However there is no Service Level Guarantee (SLG) on fault resolution. In the event of a fault:-
2.1.1 the Customer must register the fault either by calling the Plusnet Business Support helpdesk or by registering the fault using the Help Assistant. Plusnet do not accept fault reports via email or any other means.
2.1.2 the Customer will provide a nominated contact to which all fault updates will be communicated.
2.1.3 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.
2.1.4 the Customer must be available to provide access to the affected site premises 24/7 in cases where an engineer visit is required to fix the fault.
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 or due to a delayed installation, 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 Customer's subscription fees only.
2.3 Any compensation awarded relating to paragraph 2.2 will be payable solely as a credit against the Customer's next monthly invoice and in accordance with the following general terms:
2.3.1 the maximum compensation claimable for each line is £180 per annum;
2.3.2 compensation is payable entirely at Plusnet's discretion and will be given as a gesture of goodwill not as an admission of liability; and
2.3.3 Plusnet's liability for any fault in the service or delay in installation of 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 paragraph 2.2 of this Business Phone service schedule in the following circumstances:
2.4.1 the Customer has not made a claim for compensation within 30 days of the delayed installation of the service or within 30 days of the fault being reported to Plusnet; or the failure is due to an outage which is not isolated to the Customer's line, for example network wide outage;
2.4.2 matters beyond Plusnet's reasonable control as stated in clause 9.2 of the Business General Terms;
2.4.3 Plusnet suspend the Customer's service in accordance with paragraph 6.4 of the Business General Terms or the Customer is in breach of any term of the agreement;
2.4.4 through no fault on Plusnet's part, Plusnet is unable to carry out any necessary work on the Customer's premises; Plusnet is unable to gain access to the Customer's premises; Plusnet is unable to agree an appointment date; the work is aborted; or Plusnet requires information or assistance from the Customer but is unable to gain this assistance or information; or
2.4.5 Plusnet re-arranges the engineer appointment prior to the agreed appointment time.
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 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 www.plus.net/my.html.
4.5 Payment is due on the Customer's bill date.
4.6 The late payment charge is payable under clause 4.14 of the Business General Terms
4.7 Unless otherwise agreed by the Customer, payment will be made by Direct Debit or credit or debit card
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.
5.1 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, if the Customer's BT Phone Book and Directory Enquiries status is identifiable to Plusnet at the time of transfer, Plusnet will maintain the Customer's BT Phone Book and Directory Enquiries status at the time of transfer. For example, if Plusnet can identify that the Customer is listed as Ex Directory with their previous provider the Customer will continue to be Ex Directory on completion of the transfer. Where the Customer's BT Phone Book and Directory Enquiries status is not identifiable to Plusnet at the time of transfer, Plusnet will include the Customer's details in the BT Phone Book and Directory Enquiries. The Customer can request to change their directory status by contacting Plusnet in writing via the Help Assistant.
5.4 The Customer authorises 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 consents 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.
5.5 Where the service is being or has been used inappropriately as defined in clause 3.3 of the 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 Customer's 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 Customer's personal details and personal data.
5.6 Plusnet may use a nominated third party to connect the Customer to, and/or provide the Customer with, the service.
5.7 Plusnet may accept instructions regarding the service from any person who reasonably appears to be acting on the Customer's authority. Any agreements made on the Customer's behalf by such a person will be binding on the Customer and subject to these general terms and relevant service schedule.
5.8 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 paragraph 5.5 of this Business Phone services schedule and where required by law.
Actions we may have to take
6.1 Plusnet may have to alter the service including the Customer's 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:
6.3.1 bar the use of IDA or CPS codes;
6.3.2 charge a higher fee for the use of the service;
6.3.3 terminate this agreement; and/or
6.3.4 disconnect all or any part of the service.
7.1 Office or premises moves are subject to the moving home or office guide.
7.3 The Customer acknowledges that they may experience an interruption to their service during an office or premises move and will not hold Plusnet liable for any loss of service during this time.
Plusnet Hosting (CGI) service schedule
1.1 Plusnet provides applicable accounts with the Plusnet Hosting (CGI) Service.
1.2 The Plusnet Hosting (CGI) Service is only available to applicable accounts and is currently not available to new Plusnet customers.
1.3 Plusnet reserves the right to make Plusnet Hosting (CGI) Service available to new and existing Business customers without notice or whenever required.
1.4 Plusnet may change the charging policy for the Plusnet Hosting (CGI) Service. Should this occur, Plusnet will provide a minimum of 30 days' notice to the Customer who will then have the option of opting out of the Plusnet Hosting (CGI) Service. Should the Customer opt out of Plusnet Hosting (CGI), any other Plusnet services they may have on their Plusnet account which has a contractual term will not be affected.
Responsibilities of Plusnet and the Customer
2.1 The Plusnet Hosting (CGI) service is subject to webspace and bandwidth usage limits as set out below:
2.1.1 500MB per month for webspace storage; and
2.1.2 5Gb per month data transfer.
2.2 Plusnet may take action to suspend or terminate the Customer's use of the Plusnet Hosting (CGI) Service for any use in excess of the defined limits unless the Customer's usage is reduced immediately. Plusnet will provide notification(s) to the Customer based on their monthly usage.
2.3 The Customer:
2.3.1 is responsible for the material that it or anyone else puts on its website;
2.3.3 must ensure that material on its website and the use of it must not in any way be unlawful; and
2.3.3 must 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.
3.1 The designated Primary Domain, which is provided free of charge by Plusnet, is permanently associated with the Service and cannot be changed.
3.2 Should there be a request by the Customer to terminate the account, or if Plusnet provides 30 days’ notice for the account to be ceased, the Primary Domain will be terminated and the Plusnet Hosting (CGI) Service will be deactivated.
4.1 If Plusnet needs to contact the Customer about the Plusnet Hosting (CGI) Service, Plusnet will do so using the following means:
4.1.1 for domain names, to the administrative contact email address nominated by the Customer; or
4.1.2 for all other notices, to an email address provided by the Customer.
4.2 It is the Customer's responsibility to check all relevant email addresses regularly.
4.3 The Plusnet Hosting (CGI) Service can be requested to be removed from a Customer's account at any point during the Customer's contract by the Customer providing 30 days’ notice in writing or by telephone.
5.1 You may not publish, display or transmit via our network and equipment any content that we reasonably believe:
5.1.1 constitutes or encourages child pornography or is otherwise obscene, sexually explicit or morally repugnant;
5.1.2 is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
5.1.3 is defamatory;
5.1.4 violates a person's privacy;
5.1.5 improperly exposes trade secrets or other confidential or proprietary information of another person;
5.1.6 is intended to assist others in defeating technical copyright protections;
5.1.7 infringes another person's trade or service mark, patent, or other property right;
5.1.8 is discriminatory in any way, including by way of sex, race, or age discrimination;
5.1.9 involves theft, fraud, drug-trafficking, money laundering or terrorism; or
5.1.10 is otherwise likely to cause offence or is in breach of any applicable UK or EU regulations or legislation.
6.1 Where Plusnet issues the Customer with a set of usernames and passwords, these are essential for the Customer's secure use of the Service and must be kept confidential, secure and only used in accordance with all relevant instructions.
6.2 If Plusnet believes that there is likely to be a breach of security or misuse of the Service it may:
6.2.1 change the Customer's password and notify the Customer that it has done this; and/or
6.2.2 suspend access to the Plusnet Hosting (CGI) Service.
6.3 If the Customer believes that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, they must inform Plusnet immediately.
Additional prohibited activities
7.1 File storage, data warehousing, back-up data storage, any form of data file storage or management, services or software related to Internet relay chat ("IRC"), peer to peer file sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat, membership or community sites for file sharing, video sharing or photo sharing applications are not permitted ("Prohibited Activities").
7.2 Plusnet may suspend or terminate the provision of Plusnet Hosting (CGI) Services to any user that engages in Prohibited Activities.
Plusnet SafeGuard service schedule
1.1. Plusnet SafeGuard is an online tool that allows broadband and fibre broadband customers to manage what type of content is accessible via their broadband connection. It allows users to specify the types of websites that can be accessed, as well as the types of content that should be blocked.
1.2. Plusnet SafeGuard is available to all current Plusnet broadband and fibre broadband customers at no extra cost.
1.3. Your use of Plusnet SafeGuard is voluntary and the Customer can choose to turn-off the service at any time by following the Plusnet SafeGuard instructions.
Using the service
2.1. In order to use Plusnet SafeGuard, the Customer must use Plusnet's Domain Name Servers (DNS). If the Customer activates Plusnet SafeGuard whilst using third-party DNS servers, then Plusnet SafeGuard will override the third party settings in order for the service to function properly.
Changes and cancellation
3.1. Given that Plusnet SafeGuard is an optional service that is provided at no additional cost, Plusnet reserves the right to make changes to the service, and to cancel or withdraw the service at any time.
3.2. If Plusnet makes material changes to the way that Plusnet SafeGuard operates, it will aim to give the Customer prior notice of the changes and, where necessary, Plusnet will provide the Customer with any instructions that may need to be followed once the changes have taken place.
3.3. If Plusnet cancels the Customer's use of Plusnet SafeGuard, or if Plusnet withdraws the service altogether, it will give the Customer at least 14 days' notice before the service comes to an end.
Quality of service
4.1. Plusnet will do what it can to ensure the smooth operation of Plusnet SafeGuard, but Plusnet does not guarantee that the service will be fault free. Plusnet does not accept any responsibility if, due to a fault in its systems, it is unable to block websites that the Customer has chosen to block.
4.2. For the purposes of filtering different types of online content, individual websites are categorised using an industry standard database that is provided by a third-party supplier. Plusnet is not responsible for how particular websites are categorised and accepts no liability for the categorisation of websites (except for any liabilities that cannot be excluded by law).
5.1. The only data that Plusnet stores as part of the Plusnet SafeGuard service is whether or not the Customer has activated the service and the settings that the Customer has selected. This is essential for the provision of the service.
5.2. Plusnet does not record details of an individual's Internet activity with Plusnet SafeGuard or any specific websites that might be blocked by the service. Plusnet may record anonymous and aggregated information about the websites that are blocked by Plusnet SafeGuard as a whole, for the purposes of monitoring any problems or faults with the service.