These are the terms and conditions (the "AOL Broadband with Line Rental and Calls Agreement" or the "Agreement") that apply to customers who subscribe to the service package of broadband, telephone line rental and telephone calls (together called "AOL Broadband with Line Rental and Calls" or the "Service"). This AOL Broadband with Line Rental and Calls Agreement is in addition to the AOL Access Agreement and the AOL Web Services Agreements which govern your use of the AOL Access Services and the AOL Web Services, respectively. You should be aware that the above services are associated. If one service is suspended, cancelled or terminated, the other service may also be suspended, cancelled or terminated.
With the AOL Broadband with Line Rental and Calls service customers may also choose to order customer premises equipment ("Customer Premises Equipment" or "CPE") such as a modem, wireless router or telephone.
This Agreement is a legal document, with important information about your rights and responsibilities as a customer of AOL Broadband with Line Rental and Calls.
1. Important Provisions Relating to the Service
1.1 Service Provider
AOL Broadband with Line Rental and Calls is provided to you by TPH Services Sàrl, registered in Luxembourg under number B 122 040 with a corporate address at Batiment Green Office Park, 6, Parc d'Activité "Syrdall", L-5365 Munsbach, Grand Duchy of Luxembourg ("TPH", "we" or "us").
If you order CPE, this is provided to you by CPW Broadband Services (UK) Limited under the separate terms of the Customer Premises Equipment Agreement.
1.2 Contract for the Service
By placing your order for AOL Broadband with Line Rental and Calls, you are making an offer to contract with TPH for the service (the "Offer"). Once TPH accepts your Offer you enter into a legal agreement with TPH for the provision of the Service.
If you order directly online with TPH, during the online order process TPH accepts your Offer and you enter into a legal agreement with TPH Services for the provision of the Service.
If you order by telephone or place your order in a store or online with someone other than TPH, your Offer is not accepted and you have not entered into a legal agreement with TPH for the provision of the service until the day TPH posts you a letter from Luxembourg accepting your Offer.
1.3 Minimum Commitment Period
Your Agreement to receive AOL Broadband with Line Rental and Calls is for a minimum period for example, 12, 18 or 24 months starting from the date your telephone line is activated and you can make telephone calls using our Service, unless TPH agrees a shorter time frame in writing during the registration process (the "Minimum Commitment Period"). The length of the Minimum Commitment Period will depend on your price plan and as also stated in your order confirmation letter and Welcome Pack. If you decide to cancel your subscription to AOL Broadband with Line Rental and Calls during a Minimum Commitment Period, you will have to pay us a charge for disconnecting the Service and a Monthly Cancellation Charge. More details on this are set out in clause 7.1.2.
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.
At the end of your Minimum Commitment Period your subscription to the Service runs for successive periods of one month unless otherwise stated, with each such period beginning on your initial billing date, unless and until your subscription is cancelled by you or us. Your billing date will recur on the same date of each month, unless otherwise specified.
1.4 Cancelling Your Order for AOL Broadband with Line Rental and Calls – "Cooling-Off Period"
You have the right to cancel your order for AOL Broadband with Line Rental and Calls at any time up to 8pm on the tenth working day after your Offer is accepted and a contract for the provision of the Service is entered.
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, c/o Member Services, AOL Broadband, PO Box 387, Southampton SO30 9AL. Please see http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account.
If you cancel during the Cooling Off Period, then you will not have to make any payments for AOL Broadband with Line Rental and Calls. 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.
1.5 AOL Broadband with Line Rental and Calls - 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).
1.6 Quality of Service and Maintenance
We cannot guarantee that AOL Broadband with Line Rental and Calls will be free of faults or that outages will not occur, but we shall use reasonable skill and care to provide and maintain the Service.
1.7 Suspension of the Service
We may suspend the entire Service or any part of the Service, or the entire Service or any part of the Service may be unavailable from time to time for operational reasons (such as outages, fault repair, maintenance or upgrades), or because of an emergency or because we are required to do so by the government, the emergency or security services or any other competent authority. Where practical, we will use reasonable efforts to provide you with notice of this.
1.8 Moving House
If you plan to move house you must contact us with your updated address details.
You will have to provide us with what we regard as suitable proof of your new address if you wish to receive the Service. We will follow good industry practice in deciding what proofs of address are required. If you do not provide this information we will not be able to terminate your existing account and you will be liable for any charges that remain due in respect of the remainder of any Minimum Commitment Period for the Service.
If you want to access the Service at your new address we will do our best to accommodate your request. Where this is possible, there will be a reasonable charge for disconnecting your Service and reconnecting it at your new address as set out in your price plan. If you are subject to a Minimum Commitment Period this will continue at your new address. Where it is not possible for us to accommodate your request or you do not wish to access the Service at your new address, your Agreement will be terminated and you will need to pay the usual charges that apply on termination of your Service (see clauses 7.1.2 and 7.1.3 for more details of these charges).
Where we transfer your Service to your new house, we will do our best to arrange the transfer of your line whilst retaining your existing telephone number. However, you accept that we may not always be able to do so and we are not liable to you if we cannot.
2. The Service
2.1 Service Description
Subscription to the AOL Broadband with Line Rental and Calls Service means that TPH supplies to you your broadband service (known as "AOL Broadband"), your telephone line and maintenance of it, the telephone calls you make over your telephone line, calling features (depending on the price plan you choose) and the ability to choose how your telephone number is published for the purposes of directory enquiries (together known as "Line Rental and Calls").
The AOL Broadband with Line Rental and Calls service does not include the provision of any equipment, such as a telephone, and TPH is not responsible for such equipment. Customers of AOL Broadband with Line Rental and Calls may order Customer Premises Equipment (such as a modem) for use with the broadband service under the separate terms of the Customer Premises Equipment Agreement.
2.2 Consents
You are responsible for obtaining all necessary consents you may need from third parties (e.g. your landlord) before you order the Service.
2.3 Alarms May Not Operate
Before you order the Service you must test any alarm system which is connected to the telephone line and confirm with your alarm system provider that the installation and use of the Service is compatible with the correct functioning of that alarm system, and notify any problems with the alarm system to the alarm system provider as appropriate.
2.4 Ensure Equipment is Connected Safely and Correctly and is Compatible
You are responsible for ensuring that any equipment connected to or used with the Service is connected and used in accordance with any applicable instructions, regulations, security or safety procedures. You are also responsible for ensuring that any services or equipment linked to the Service are compatible with the Service, and if not are removed or amended to ensure compatibility.
2.5 Comply with Instructions
You must comply with any reasonable instructions we give you about the Service and you acknowledge that we and our agents may give you instructions from time to time which we (or they) believe are necessary for health, safety or the quality of other telecommunications services provided to you by us.
2.6 Residential Use Only
The Service is not provided to you for use in your business or for commercial purposes - it is provided for residential use only. For example, you must not resell your access and use of AOL Broadband as part of an Internet café or resell or exploit your telephone call service for commercial purposes without our prior agreement in writing.
2.7 Use of the AOL Broadband with Line Rental and Calls service
In addition to the restrictions on your use of the Service in the AOL Access Agreement, you agree that you shall not use, nor allow any other(s) to use, the Service:
- in a way that is in breach of this Agreement or our Privacy Policy;
- for any fraudulent, improper or unlawful purpose;
- to send a communication which is, or is intended to be, a hoax call or which is a, spiteful indecent defamatory, offensive, abusive, obscene, or menacing;
- to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person;
- in any way that may damage or affect the operation or quality of the AOL Broadband with Line Rental and Calls service.
2.8 Effect of Change in Service Provider
Once the Service is activated you need to be aware that you will no longer be able to use some telecommunications services you purchase from other telephone providers, such as indirect access services (whether using the BT 1280 or other indirect access codes). You will also no longer be able to use broadband or telephone line rental or telephone call services from other providers and you may not receive the same package of services. You may have existing contracts for telecommunications services (i.e. line rental, or calls, or broadband,) with your old service providers, which have minimum service periods in them. You are responsible for checking any such contracts and for paying for any ongoing charges or charges on termination you may have to pay to your old service provider. We will not be liable for any charges which may arise as a result of the termination of your contract with your old service providers for those services.
3. Provisioning the Service
Once your Offer to contract for the Service has been accepted, we will notify you in writing of the date your Service will go live. Your go live date will be approximately 18 days from the date that your Offer to contract for the Service is accepted. When we activate the Service you accept that there may be a temporary loss of your telephone line, which may last up to 4 hours. Once we have activated your telephone line you will be able to use it to make telephone calls. To use broadband you will need to install Customer Premises Equipment. You may already have this or you may have ordered this under the terms of the Customer Premises Equipment Agreement.
4. Specific Provisions relating to the AOL Broadband service
4.1 Technical Restrictions
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 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. 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 or of the entire Service where we become aware of, or reasonably suspect, such use by you. We consider this reasonable because this type of use can adversely affect the enjoyment of other customers' use of the Service.
You may have a usage allowance included in the price plan you choose. If you exceed this usage allowance we may restrict the speed of the AOL Broadband service, limit the websites and services you can access or charge for usage which exceeds the allowance. We reserve the right to suspend your access to AOL Broadband and to suspend or cancel the Service if you continue to exceed the usage allowance.
4.2 Home Networking
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.
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.
5. Specific provisions relating to Line Rental and Calls
5.1 Telephone Number
You accept that you do not own any telephone number provided to you with respect to your telephone line. You agree not to transfer the number to anyone else or to try to do so. You accept that we may have to change your telephone number. We will try and do so only when it is reasonably necessary or if we are requested to do so by Ofcom or another similar regulator. We will tell you before we change your number. You may request us to ‘port’ your number from another communications provider and we will try to do this wherever it is reasonably practicable. However you accept that this may not always be possible. In these circumstances we may have to provide you with a new number. If you have any questions in this regard please call our Customer Services department.
5.2 Telephone Calls
The cost of your telephone calls will depend on the price plan you choose. Further details relating to the charges and billing of your calls are set out in clause 6 below. You agree that:
- any use of the Service to make calls using the your telephone line is with your permission; and
- you will be charged, and you remain responsible for payment of any charges arising from use of the Service prior to its removal from your telephone line on termination of this Agreement.
In order to protect you from fraud, we reserve the right to block access to specific number ranges if we suspect, or have reason to believe that such number ranges are being used for fraudulent activity. We may suspend or restrict your ability to make telephone calls or terminate the Service where we reasonably believe that there has been fraudulent activity (for example where our systems detect that an outgoing telephone call has lasted more than 8 hours).
5.3 Calling Features
You may select certain calling features to be included in your price plan. Certain calling features and changes to them may incur a charge.
5.4 Directory Enquiries
If you ask us, we will exclude your details from a national directory and directory enquiry service. Please call us at 0844 499 5555 or write to us at Member Services, AOL Broadband, PO Box 387, Southampton SO30 9AL if you would like us to do so. There may be a reasonable charge for this service as set out in the price plan you choose. Please allow 6 weeks for your request to be processed.
If you do not ask us to exclude your details from the national directory and directory enquiry service, as a default your details will be included. This means, on re-publication of the national directory by BT following the date you order the Service, your details will be added to the national directory if they were not already included. BT publishes the national directory annually. The deadline for any changes is the last working day in March.
6. Charges and Billing
6.1 General
You will be charged for the Service according to your selected price plan. Depending on the price plan you have chosen, you may be charged:
- a fixed monthly subscription charge (the "Subscription Charge"). The Subscription Charge will be charged monthly in advance. A pro-rata sum will be charged in arrears on your first Billing Date to cover the period from the activation of the Service to that date.
- a variable monthly charge for any one off charges (e.g. for changes to your calling features) and for telephone calls you make using the Service (the "Usage Charges"). The Usage Charges will be charged monthly in arrears, and Usage Charges are calculated in accordance with your price plan.
6.2 Credits
Should we grant you a credit for any charges (whether as a result of an over-payment or otherwise), then we will need to manage and track the holding of this credit on your relevant account, and for this reason, we urge you to reclaim such credit promptly. Should you fail to do so within 3 months of the date of issue of such credit, we reserve the right to charge you an administration fee for the reasonable costs of managing and tracking the holding of the credit.
6.3 Your Billing Account and your Billing Details
You authorise us to debit from that Billing Account (as updated) the charges you incur for, and other charges incurred using the Service. 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.
6.4 Viewing Your Charges
You may view your Usage Charges and Subscription Charges online. Our systems may take a couple of days to update, so usage charges you incur (e.g. for telephone calls you make) close to your Billing Date may be not be charged to you until your next Billing Date. You are responsible for regularly checking accrued charges. If you have any questions please contact us using the details provided in clause 9.
6.5 Changes to the Charges
We reserve the right to vary charges applicable to your price plan at any time. If such variation results in an increase in charges, we will notify you by posting the changes on our website or by sending an e-mail to your Contact Email Address (supplied to you at the time of registration) to confirm at least 30 days before such change takes effect.
6.6 Right to Terminate
If you do not agree with any changes made which have a material impact on you or are to your disadvantage, you may terminate your Agreement with TPH for the Service in accordance with clause 7.1.1 of this Agreement. Continued use of the Service following implementation of the new charges shall constitute your acceptance of all such changes
6.7 Obligation to Pay Following Suspension or Notice of Termination
Following notification of termination or suspension of the Service, however this arises, you will be responsible for payment of all Subscription Charges and Usage Charges which accrue until the Service is no longer active or until the expiry of your notice of termination (whichever is later). We will contact you by post (to the address you provided in your application for the Service) and by e-mail (to your Contact Email Address) to confirm the expected date of removal of the Service and we will confirm by e-mail when this removal has taken effect.
7. Ending your Agreement after the Cooling-Off Period
7.1 Cancellation by you
7.1.1 Changes to this 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 with Line Rental and Calls Agreement.
7.1.2 Termination by You During any Minimum Commitment Period
You remain bound by any Minimum Commitment Period you have entered into. If you decide to cancel your subscription to AOL Broadband with Line Rental and Calls during a 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 Price Plan Agreement. 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.
Unless you leave us to go to another telephone company (as described in clause 7.1.3) you will also have to pay us a disconnection fee. Please see clause 3.3.3 of the AOL Access Agreement for details.
We reserve the right to collect the totality of any such disconnection fee and Monthly Cancellation Charges as a single payment at any time on or after your first payment date subsequent to the cancellation of your subscription to AOL Broadband with Line Rental and Calls.
7.1.3 Termination by you After any Minimum Commitment Period
If you do not want to continue to use AOL Broadband with Line Rental and Calls after the expiry of any Minimum Commitment Period, then you must give us at least 30 days’ written notice of your wish to cancel. You will have to pay us a disconnection fee. Please see clause 3.3.3 of the AOL Access Agreement for details.
However, if you are leaving us to go to another telephone company, we will consider that you have given appropriate notice as soon as we receive notice from your new provider. In other words, you will not be required to give us 30 days written notice in this instance. We will stop charging you from the date your Service switches to your new service provider. We will credit your Billing Account with any charges relating to the remaining portion of the month in which you end your account. You will not be charged a disconnection fee.
Where you do need to give us written notice, you should address this to Cancellations Department, c/o Member Services, AOL Broadband, PO Box 387, Southampton SO30 9AL. Please see http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account.
If you cancel (or are deemed to have cancelled) any one of the service elements making up your Service (e.g. the broadband, the telephone line rental or the telephone calls service element) the entire AOL Broadband with Line Rental and Calls service will be deemed to have been cancelled by you.
7.2 Suspension or Cancellation by us
7.2.1 Serious Breach of Your Obligations
In addition to our termination rights outlined under the terms of the AOL Access Agreement, we can end your AOL Broadband with Line Rental and Calls Agreement, 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 charges for the Service) then we may in our reasonable discretion immediately suspend (or bar your access to) the entire or part of the Service or terminate the Service.
If we suspend the Service under this clause, your Agreement will still continue and you shall reimburse us our costs and expenses reasonably incurred in suspending the Services and/or recommencing them. In addition, you must pay all charges due from you under this Agreement incurred prior to the time when your Agreement is properly terminated. If we suspend any Service, we will not provide it again until you confirm that you will use the Service only as agreed in this Agreement.
If we exercise the right to suspend (or bar your access to) the Service this shall not affect our right to terminate this Agreement under this clause 7.2.1. If we terminate this Agreement for your breach we may charge you for disconnecting the Service and any other outstanding charges including a Monthly Cancellation Charge if your Agreement is terminated during the Minimum Commitment Period.
7.3 Process for cancelling
If you want to move to another service provider, placing an order with that service provider will cancel your Service with us. If you ask us to cancel your Service without having first placed an order, you may be left without service for an extended period of time.
8. Governing Law and Jurisdiction
The contract between you and us comprised in the AOL Access Agreement and this AOL Broadband with Line Rental and Calls Agreement is entered into in Luxembourg. The laws of England and Wales govern these Agreements and your subscription. You and we submit to the exclusive jurisdiction of the relevant UK court in relation to any dispute arising out of these Agreements or any use of the AOL Broadband with Line Rental and Calls Service.
9.1 If you have questions about the Agreement, or about your rights and responsibilities as an AOL Access customer, please contact us by email from http://myaolbroadband.co.uk/contact.
9.2 You can contact our Customer Services Department by telephone at 0844 499 5555, email sent from http://myaolbroadband.co.uk/contact or letter to Member Services, AOL Broadband, PO Box 387, Southampton SO30 9AL.