Your AOL Broadband services will be provided on the following basis:
- Broadband access by TPH Services Sàrl under the AOL Broadband Agreement
- Modem, router or other equipment by CPW Broadband Services (UK) Limited under the Customer Premises Equipment Agreement
These agreements are in addition to the AOL Access Agreements and the AOL Web Services Agreements, which will govern your use of the AOL Access Service and the AOL Web Services respectively.
You should be aware that the above services are associated and that if your account with one party is suspended, cancelled or terminated, your agreement with the other party may also be suspended, cancelled or terminated.
AOL Broadband
It is important that you read the following terms and conditions governing your order for AOL Broadband with TPH Services Sàrl, the provider of the AOL Broadband service, and your order for the Customer Premises Equipment (i.e. the modem or router) with CPW Broadband Services (UK) Limited. In particular, you need to read the sections dealing with the following important points:
- Minimum Commitment: Your AOL Broadband Agreement is for a minimum of 18 or 24 months (depending on your price plan), unless a shorter time frame is specified in writing by TPH Services Sàrl during the registration process.
- Your legal right to cancel: You have a legal right to cancel your order for AOL Broadband and for the Customer Premises Equipment for a period of seven working days. You can do so by notifying us in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see clause 7 of this AOL Broadband Agreement, and clause 3 of the Customer Premises Equipment Agreement for details on how to do this.
Any or all of the services (internet access and web services) provided under these Agreements may be managed by and/or billed for by someone on our behalf.
Telephony orders or orders placed via the Carphone Warehouse in store or online ordering system: By placing your Order, you are making an offer to contract with TPH Services Sàrl for the AOL Broadband service and CPW Broadband Services (UK) Ltd for the Customer Premises Equipment (the " Offer"). Your Offer has not been accepted and there is therefore no binding contract until TPH Services Sàrl has posted a written acceptance from Luxembourg.
Online orders placed directly with TPH Services Sàrl: by agreeing to these terms and conditions during the online order process, you are entering into legal agreement with TPH Services Sàrl for the provision of the AOL Broadband and CPW Broadband Services (UK) Ltd for the Customer Premises Equipment.
AOL Broadband Agreement
This AOL Broadband Agreement (the "AOL Broadband Agreement") details your rights and responsibilities in relation to your order and use of AOL Broadband, and those of TPH Services Sàrl ("TPH", "we", "us" or "our") as the provider of AOL Broadband in the UK. The AOL Access Agreement which governs your use of the AOL Access Services as a whole supplements this AOL Broadband Agreement and the AOL Broadband Agreement should be read in conjunction with the AOL Access Agreement.
AOL Broadband - Price Plans
A range of price plans is available for AOL Broadband, each of which has different features. More information about these different price plans is available from http://myaolbroadband.co.uk/broadband or by contacting our Customer Service department on 0844 499 5555 (call charges apply, see http://myaolbroadband.co.uk/supportme for details).
1. Getting You Started
1.1 First, we will try to upgrade the telephone line at the address you selected on placing your order for a broadband connection. Installation of the Customer Premises Equipment is necessary to complete the process. However, you may not be able to receive AOL Broadband for technical reasons, for instance if your telephone line cannot be upgraded. In these circumstances we will not charge you a subscription fee for AOL Broadband and CPW Broadband Services (UK) Limited won't charge you for the Customer Premises Equipment, unless you have provided false or inaccurate information or have failed to return the Customer Premises Equipment as detailed in the Customer Premises Equipment Agreement.
1.2 Please note that AOL Broadband is mainly available for PCs using the Windows operating system - it is generally not Apple Mac compatible unless otherwise specified during the order process. You are responsible for obtaining any consents (e.g. from your landlord) necessary for installing a broadband connection at your address and, if you have a burglar alarm, for confirming with your alarm system provider that the installation of broadband will not affect your system.
2. Upgrading your Local Exchange
2.1 There may be instances where we can accept your order for AOL Broadband but will not be able to provide AOL Broadband to you until BT has upgraded your local telephone exchange - in some cases this can take several months. We will keep you informed of progress with the upgrading of your local exchange and you will be able to cancel your order by contacting Customer Services if you change your mind during this time.
3. Quality of Service
3.1 We cannot guarantee that AOL Broadband will be free of faults or that outages will not occur, but we shall use reasonable skill and care to provide and maintain AOL Broadband. AOL Broadband may be suspended or unavailable from time to time for operational reasons (such as outages, maintenance or upgrades, or because of an emergency). Where practical, we will use reasonable efforts to provide you with notice of this.
4. Accessing the Internet over a Dial-Up Connection
4.1 Using AOL Broadband will prevent you from accessing the internet via our standard dial-up telephone connection (AOL narrowband).
5. AOL Broadband - Important Restrictions and Limitations
5.1 Moving House
You may only use AOL Broadband via the broadband connection at your address. If you move house and want to access AOL Broadband at your new address, you will have to set up a new AOL Broadband connection at that new address. You accept that the installation of a new service in your new home will usually attract new line connection charges and a new minimum term contract. Unless you have lost or damaged any part of the Customer Premises Equipment, you will not have to obtain new equipment from CPW Broadband Services (UK) Limited.
5.2 Residential Use Only
AOL Broadband is not provided to you for use in your business or for commercial purposes - it is provided for residential use only. You must not resell your access and use of AOL Broadband for example as part of an Internet cafe.
5.3 Technical Restrictions
5.3.1 You cannot use the broadband connection installed as part of AOL Broadband to access the internet through the software of any other internet service provider. If you are already able to connect to your corporate network via dial-up modem access then connection via AOL Broadband may still be possible, but we cannot guarantee this.
5.3.2 AOL Broadband is not designed for you to operate a permanent internet file server including without limitation HTTP, FTP, IRC or similar server applications. We reserve the right to suspend or terminate your use of AOL Broadband where we become aware of, or reasonably suspects, such use by you. We consider this reasonable because this type of use can adversely affect the enjoyment of other customers' use of the AOL Access Service.
5.4 Home Networking
5.4.1 Provided that your PC meets the minimum system requirements and that you comply with our technical standards, AOL Broadband can be used for Home Networking. See - http://myaolbroadband.co.uk/homenetworking for more details.
5.4.2 Our Customer Services team will only be able to offer you support for problems you experience with connecting to AOL Broadband using Home Networking, not with any other problems you experience with this type of usage. Support is only offered on selected home networking products that have been thoroughly tested with the AOL Broadband network. See - http://myaolbroadband.co.uk/homenetworking for more details on supported products and routers.
6. Minimum Commitment Period
6.1 Where your AOL Broadband Service is subject to a minimum commitment period, this Agreement will continue for a minimum of 18 or 24 months, depending on your price plan (unless a shorter time frame is specified in writing by us during the registration process) from your first billing date on an AOL Broadband price plan ("Minimum Commitment Period"), unless it is ended earlier in accordance with either clause 7 or 8 below. If we inform you after acceptance of your offer to contract that installation of a broadband connection at your address is not possible or has not been successful, then your Agreement will terminate immediately.
7. Cancelling your Order - "Cooling Off Period"
7.1 You have the right to cancel your order for AOL Broadband for a period of seven working days, starting from the first day after the day on which this Agreement is entered into (the "Cooling Off Period"). A working day is any day except Saturday, Sunday and UK public holidays. You can cancel your order during this Cooling Off Period by giving us notice in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see - http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account.
7.2 If you cancel during the Cooling Off Period, then you will not have to make any payments for AOL Broadband and, if you are already a dial-up subscriber on the AOL Access Service, you will remain on your current price plan. If you do not want to cancel, you do not have to do anything.
7.3 We reserve the right to end this Agreement during this Cooling Off Period for any reason and you will be notified via email if we do so.
8. Ending your AOL Broadband Agreement after the Cooling Off Period
8.1 Our Rights
In addition to our termination rights outlined under the terms of the Access Agreement, we can end your AOL Broadband Agreement in the following circumstances:
8.1.1 Cancellation or suspension of your Phone Line
If the phone line through which you access AOL Broadband is disconnected or suspended by your telephone supplier, or if you move your phone line from BT to another supplier, then you will not be able to use AOL Broadband at your address.
8.1.2 Serious Breach of Your Obligations
If you fail to comply with any of your obligations set out in this Agreement or those set out in the AOL Access Agreement (e.g. you do not pay your monthly subscription fee), then we may in our reasonable discretion immediately suspend or end your use of AOL Broadband.
8.1.3 Outcome of termination by us
If this Agreement is terminated in accordance with clauses 8.1.1 and 8.1.2 above, and such termination takes place during any Minimum Commitment Period you have entered into, then (i) we will not refund any charges you have paid; and (ii) you will have to pay us a set sum for each month remaining under your Minimum Commitment period (the "Monthly Cancellation Charge"). How this sum is calculated will be outlined as part of the sign-up process to your AOL Broadband Price Plan. For example if you have agreed to a Minimum Commitment Period of 18 months and you terminate in month seven then you will have to pay the equivalent to 11 Monthly Cancellation Charges. We reserve the right to collect the totality of any such Monthly Cancellation Charges as a single payment at any time on or after your first payment date subsequent to the cancellation of your AOL Access subscription.
8.2 Your Rights
8.2.1 Changes to this AOL Broadband Agreement
Please see clause 11.4 of the AOL Access Agreement for details of what happens if we make any significant changes to this AOL Broadband Agreement.
8.2.2 Termination by You during any Minimum Commitment Period
You remain bound by any Minimum Commitment Period you have entered into. If you decide to terminate this AOL Broadband Agreement during any such Minimum Commitment Period, you will have to pay us a set sum for each month remaining under your Minimum Commitment period (the "Monthly Cancellation Charge"). How this sum is calculated will be outlined as part of the sign-up process to your AOL Broadband Price Plan. For example, if you have agreed to a Minimum Commitment Period of 18 months and you terminate in month seven then you will have to pay the equivalent to 11 Monthly Cancellation Charges. We reserve the right to collect the totality of any such Monthly Cancellation Charges as a single payment at any time on or after your first payment date subsequent to the cancellation of your AOL Access subscription.
8.2.3 MAC
In many instances, instead of cancelling your AOL Broadband service, you can ask for a MAC which enables you to move to a different broadband provider. Please see http://myaolbroadband.co.uk/cancelaolbb for details.
9. Ending the AOL Broadband Agreement after any Minimum Commitment Period
9.1 If you do not want to continue to use AOL Broadband after the expiry of any Minimum Commitment Period, then you must give us at least 30 days' notice of your wish to cancel. Either party may terminate this Agreement at any time after any Minimum Commitment Period by giving 30 days notice.
9.2 You can do this by notifying us in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account. We will not refund any charges relating to the remaining portion of the month in which you end your account.
9.3 If you decide to cancel the AOL Broadband Agreement, you may be given the opportunity to continue to use the AOL Access Service via a standard dial-up telephone connection and you will be able to select a price plan from those available, should you wish to do so.
9.4 Effect of Cancellation
If you cancel AOL Broadband but remain a user of the AOL Access Service via a dial-up connection, then you will be able to select a price plan from those available. If you do not select a price plan, you will automatically be placed on the price plan you were on before AOL Broadband, if applicable.
9.5 MAC
In many instances, instead of cancelling your AOL Broadband service, you can ask for a MAC which enables you to move to a different broadband provider. Please see - http://myaolbroadband.co.uk/cancelaolbb.
10. Charges and Billing
10.1 Subscription Fee
To use AOL Broadband you have to make subscription payments for any agreed Minimum Commitment Period, together with a daily charge for the period between the upgrading of your telephone line and your first bill on AOL Broadband.
10.2 Billing
You authorise us to charge your Billing Account for (a) the payments due from you for AOL Broadband; and (b) for any associated costs due from you under this Agreement. You further authorise us to charge your Billing Account for the Customer Premises Equipment Fee (if any) as agent for CPW Broadband Services (UK) Limited, as detailed in the Customer Premises Equipment Agreement.
10.3 Telephone Charges
You will be responsible for continuing to pay your telephone provider for the rental charge and telephony charges due for the telephone line, which has been upgraded for you to access AOL Broadband.
11. Governing Law and Jurisdiction
The contract between you and us comprised in the AOL Broadband Agreement is entered into in Luxembourg. The laws of the England and Wales govern the AOL Broadband Agreement and your subscription. You and we submit to the exclusive jurisdiction of the relevant UK court in relation to any dispute arising out of the AOL Broadband Agreement or any use of the AOL Broadband Service.
12. Provider
AOL Broadband is provided by TPH Services Sàrl, registered in Luxembourg under number B 122 040 with a corporate address at Green Office Park, Parc d' Activites Syrdall 6, L-5365 Munsbach, Grand Duchy of Luxembourg.
Customer Premises Equipment Agreement
In addition to your agreement with TPH Services Sàrl for AOL Broadband, you must read and agree to this Customer Premises Equipment Agreement. This Customer Premises Equipment Agreement details your rights and responsibilities as a customer ordering the Customer Premises Equipment (i.e. your modem or modem router) and those of CPW Broadband Services (UK) Limited ("CPW UK") as the supplier of the Customer Premises Equipment to you. This Customer Premises Equipment Agreement is in addition to the AOL Access Agreement (available at http://myaolbroadband.co.uk/cos) you have with TPH Services Sàrl governing your use of The AOL Access Service. You must be at least 18 years old to enter into this Customer Premises Equipment Agreement.
Defined terms in this Customer Premises Equipment Agreement are as defined in the AOL Broadband Agreement.
1. Supply of the Customer Premises Equipment
1.1 If we are able to upgrade the phone line at your address to a broadband connection, CPW UK will, where appropriate to your price plan, supply you with an installation kit which will contain the following equipment: a modem/router; a CD-ROM containing the necessary software; an installation guide; filters and any additional items that may be provided to you through any special offers (together the "Customer Premises Equipment"). You will be responsible for any additional cabling required to connect your computer to the broadband connection.
1.2 CPW UK reserves the right to supply you with a substitute modem/router or substitute components forming part of the Customer Premises Equipment.
1.3 Please follow the installation guide to install the broadband connection at your address. If you experience any problems, then you should contact our Customer Services department for assistance. Please make sure you install the Customer Premises Equipment and the broadband connection at your home as soon as you receive it.
2. Charges and Billing for the Customer Premises Equipment
2.1 Customer Premises Equipment Fee: You must pay CPW UK for the Customer Premises Equipment together with a post and packing charge where applicable (the "CPE Fee"). The CPE Fee is payable on your first billing date after the CPE is sent to you by CPW UK. Where the CPE Fee is waived by CPW UK as part of a promotional offer, then your account will not be debited. (See clause 3 below).
2.2 Billing: The CPE Fee will be collected by TPH Services Sàrl as the billing agent of CPW UK through the billing method you have set up to pay for your AOL Access Account. You will be notified if a billing agent other than TPH Services Sàrl is appointed for the collection of the CPE Fee.
2.3 You must tell us about any billing problems or discrepancies promptly after they first appear on your account statement. If you do not bring them to our attention within 180 days, you will have waived your right to dispute those problems or discrepancies. If you do not bring them to our attention within 180 days, you will have waived your right to dispute those problems or discrepancies.
3. Your Right to cancel your Customer Premises Equipment Agreement during a "Cooling Off Period"
3.1 You have the right to cancel your order for the Customer Premises Equipment, starting from seven working days following the first working day after the day on which you receive the Customer Premises Equipment. A working day is any day except Saturday, Sunday and UK public holidays. You can cancel your order for the Customer Premises Equipment during this "Cooling Off Period" by giving us notice in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account.
3.2 If you cancel during this "Cooling Off Period" then you must return the Customer Premises Equipment to CPW UK at your own cost within 28 days of the date you cancelled. You must take reasonable care of the Customer Premises Equipment while it is in your possession. If you cancel during the "Cooling Off Period" and return the Customer Premises Equipment in good condition, then you will receive a refund of the CPE Fee where you have paid one. If you fail to return the Customer Premises Equipment in good condition to CPW UK within 28 days, then you will be responsible for payment of the CPE Fee. Where the Customer Premises Equipment has been discounted as part of a promotional offer then you agree to pay the full cost of the Customer Premises Equipment if you fail to return it complete and in good condition as we have set out in this clause 3.
3.3 If you cancel this Customer Premises Equipment Agreement during this "Cooling Off Period", then you will also have the right to cancel the AOL Broadband Agreement unless the equipment is supplied to you as part of a promotional offer.
4. Ending the Customer Premises Equipment Agreement
4.1 If you do not comply with any of your obligations set out in this Customer Premises Equipment Agreement (e.g. you provide us with false or misleading information) then CPW UK may immediately terminate your order for the Customer Premises Equipment, where it is reasonable to do so.
4.2 If your AOL Broadband Agreement is cancelled or ended during the "Cooling Off Period" under that Agreement, then this Customer Premises Equipment Agreement will automatically end, and you will not have to make any payments to CPW UK under this Customer Premises Equipment Agreement (unless you fail to return the Customer Premises Equipment to us in good condition within 28 days).
5. Warranties
5.1 CPW UK warrants that the Customer Premises Equipment is of satisfactory quality and is reasonably fit for its purpose. You acknowledge and agree that the Customer Premises Equipment is not intended for business or commercial use and is supplied to residential customers for residential use only.
6. Limitation of Liability
6.1 If things go wrong and you have a legal right to compensation from CPW UK, then the following provisions shall apply. The liability of CPW UK under this Customer Premises Equipment Agreement (whether in connection with this Agreement, or our negligence or any other cause) for the supply of the Customer Premises Equipment to you will not under any circumstances exceed (in respect of the incident or series of incidents giving rise to the liability) an amount equal to the greater of (i) twice the recommended retail price of your Customer Premises Equipment; or (ii) £800.
6.2 Nothing in this Customer Premises Equipment Agreement shall exclude or limit CPW UK's liability in respect of death or personal injury arising from CPW UK's negligence or CPW UK's liability for fraudulent misrepresentation.
6.3 CPW UK will not be liable to you or any third party under this Customer Premises Equipment Agreement for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, however caused (whether arising out of any negligence or breach of this agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, CPW UK.
7. Ownership of the Customer Premises Equipment
7.1 Once the Customer Premises Equipment has been delivered to you, you will be responsible for taking reasonable care of the Customer Premises Equipment and for any loss or damage to it. Until you have paid in full the CPE Fee and any delivery charges, the Customer Premises Equipment shall remain the property of CPW UK and ownership of it shall not pass to you. If the Customer Premises Equipment is supplied to you as part of a promotional offer, then as long as you have not cancelled, ownership will pass to you once your "Cooling Off Period" under this Customer Premises Equipment Agreement has finished.
8. Other Terms of the Agreement
8.1 Governing Law and Jurisdiction
The contract between you and us comprised in this Customer Premises Equipment Agreement is entered into in Luxembourg. The laws of the England and Wales govern the Customer Premises Equipment. You and we submit to the exclusive jurisdiction of the relevant UK court in relation to any dispute arising out of the Customer Premises Equipment Agreement or any use of the Customer Premises Equipment.
8.2 Notice to You
Under this Customer Premises Equipment Agreement, CPW UK may be required to give you notice about important matters from time to time. Such notice may be given to you, amongst other methods, by email or letter. Email notice will be sent to your Contact Email Address. Postal notice will be sent to the address you provide us in your registration, and which you may modify by consulting http://myaolbroadband.co.uk/billing.
8.3 Notice to Us
You may give notice to CPW UK in writing addressed to Customer Services, CPW Broadband Services (Ireland) Operations Ltd, IDA Business Park, Cork Road, Waterford, Ireland, by email addressed to payment@aolbroadband.co.uk or by contacting Customer Services on 0844 499 5555 (call charges apply, see http://myaolbroadband.co.uk/supportme for details).
8.4 Effective Dates of Cancellation Notices under clause 3
Notices sent for the purpose of cancelling this Customer Premises Equipment Agreement during the "Cooling Off Period" will be effective on the date of sending when sent by email or post. This notice period shall only apply to cancellation notices given under clause 3.
8.5 Effective Dates of Notices
Other than notices given under clause 3, effective days of notices will be as follows: emailed notice will have been given upon the date of its delivery; postal notice will have been given two working days (meaning Mondays to Fridays, with UK bank holidays excluded) following dispatch by first class post. Notice of subscription cancellation may require up to 72 hours to be processed by us.
8.6 Assignment
CPW UK reserves the right to assign or subcontract any of its rights or obligations under this Customer Premises Equipment Agreement. You may not without the written consent of CPW UK assign or dispose of this Customer Premises Equipment Agreement.
8.7 Matters Beyond Our Reasonable Control
CPW UK shall not be liable for any failure or delay in performance of its obligations under this Modem Agreement, which is caused by matters beyond its reasonable control.
8.8 No Waiver
If you or CPW UK fails to exercise any right or remedy under this Customer Premises Equipment Agreement, that failure will not operate as a waiver of that right or remedy, or prevent it from being exercised subsequently, unless expressly stated otherwise in these terms and conditions.
Your Customer Premises Equipment is provided by: CPW Broadband Services (UK) Limited, a limited company registered in England under company number 06016123 with its registered office address at 1 Portal Way, London, W3 6RS.