| Suffolk Online
Terms and Conditions Please read the following information. Please click on any of the following sections to take you directly to your area of interest Internet access 1.1 Registering with Suffolk Online for Internet Access gives you the ability using Access Devices (of appropriate specification), to access the Internet. The Internet packages that are available from Suffolk Online are as described on the Suffolk Online portal (www.suffolkonline.net) and will be provided by Suffolk Online with reasonable skill and care and in accordance with the provisions of this Agreement.
2.1 Charges for Internet Access will be determined by the Internet call package selected by you either on registration or subsequently. 2.2 Calls made to access the Internet shall be made using dial-up numbers or other means that are provided to you at the time you register. Any calls made without using the correct dial-up numbers and or other procedures provided to you by Suffolk Online will remain your sole responsibility. Suffolk Online reserves the right to inform you of changes to your access number at any time and will notify you by email of such changes. 2.3 Where appropriate we will collect payment for all charges in advance and by Direct Debit. Payments taken from said Direct Debit will start after a minimum of 10 days after the receipt of the direct debit form by the bank in accordance with official direct debit guidelines. An initial amount, higher than the normal monthly subscription amount may be taken to include any activation or hardware charges required. Customers will be written to in advance of taking or changing payment amounts or dates. Alternatives means of payment may be available in certain circumstances, for further information contact our Support Team. 2.4 To ensure that monies due are collected without disruption, you must ensure that any changes to your original registration details are communicated to our Support Team immediately by calling 01473 242505 (calls are charged at standard rate and may be monitored for training, security and quality assurance purposes). 2.5 If we are unable to collect the amounts due from your account as they fall due, we may suspend or cancel your Internet Access and may forward the debt to an external agency for manual collection. You will pay our reasonable costs and expenses for collecting payment. 2.6 In the event of termination of this Agreement by Suffolk Online, pursuant to clause 6.2, you shall be reimbursed pro-rata from the end of the notice period with any amounts for Internet Access that you have paid in advance. 2.7 Suffolk Online reserves the right to vary the charges for Internet Access and to introduce new payment methods at anytime on written (letter or email) notice to you. 2.8 Suffolk Online will from time to time publish special offers on it's websites at www.suffolkonline.net and www.isp.suffolkonline.net. These offers, and any price reductions or discounts, are valid until the date shown on the offer and no longer. These offers are not valid unless you have either called or written to us before the end date of the offer detailing your request to take up the offer.
3.1 In order to access the Suffolk Online Internet Service via a dial-up connection you must make your telephone number or Caller Line Identification ("CLI") available when connecting to the Internet. 3.2 Suffolk Online believes in free speech, that is to say, in the right of individuals and organisations to express their views and to publish information as the wish, providing that the publication of such views or information is not unlawful, and providing that it does not infringe upon the legitimate rights of others. Suffolk Online: 3.2.1 Does not regard as freedom of speech the promotion of intolerance or prejudice on the grounds of race, gender, sexual orientation or belief. 3.2.2 Reserves the right to refuse services that, in its reasonable judgement, enable individuals or organisations to abuse freedom of speech or to promote intolerance. 3.2.3 Will not permit the use of the Suffolk Online Service for fraudulent or in connection with a criminal offence; 3.2.4 Will not host on its servers any material deemed inappropriate or which may infringe upon the rights of its members, customers or employees. 3.2.5 Will take down any website which in its reasonable judgement contravenes this policy. 3.2.6 Prohibits the transmission on or through any Suffolk Online services, any material that is, in Suffolk Online's sole discretion, unlawful, obscene, threatening, abusive, libellous, hateful, or encourages conducts that would constitute a criminal offence, give rise to civil liability, or other wise violate any local, national or international law. 3.2.7 Reserves the right to refuse to host any information for distribution via the Internet, which in its reasonable opinion would lead a significant number of its customers to doubt its commitment to ethical values. 3.2.8 Accepts however, that many of its customers wish legitimately to use the Internet to express views and publish information which other customers may object to, yet which do not in its reasonable judgement compromise its commitment to co-operative values and its ethical policy. 3.2.9 Reserves the right to refuse the use of the Internet in a manner which, in our opinion, makes abnormal demands on the network from a single connection and/or amounts to unreasonably excessive use of the Suffolk Online Service. 3.3 Your failure to comply with Clause 3.2 may entitle us to terminate the Agreement or suspend the Suffolk Online Service in accordance with Clause 6.3. You agree to compensate us for the consequences of any claim made against us as a result of a breach by you of Clause 3.2 above. 3.4 You acknowledge that various elements of the Suffolk Online Service are provided by third parties and consequently, Suffolk Online is unable to guarantee that such products and services or websites accessible via the Suffolk Online Service are virus free. You should make sure that you check all emails, attachments or files before downloading them. 3.5 You acknowledge that licensed telephone operators provide the telephone networks which are utilised by Suffolk Online and therefore Suffolk Online cannot guarantee that the Suffolk Online Service will be uninterrupted or error free, or that you will be able to access the Internet via the Suffolk Online Service at all times. 3.6 Internet calls are subject to network traffic management controls. We reserve the right to disconnect dial-up connections after 2 hours continuous use and/or 10 minutes of inactivity during connection. As a consequence, the Suffolk Online Service may not be suitable for downloading files, which require continuous connection in excess of these times. 3.7 Suffolk Online reserves the right to terminate your use of the Suffolk Online Service without notice if you do not connect to the Internet using Suffolk Online - at least once in each period of 90 days. 3.8 We may need to temporarily suspend your access to the Suffolk Online Service without notice in order to repair, maintain or improve the Suffolk Online Service or our network, or in an emergency. If we need to do this we will try to keep you informed and keep interruptions to a minimum, although we cannot always guarantee to do so. 3.9 We will endeavour to provide the service to you at the speed you have requested, however we cannot always guarantee this and the speed of your connection and download times may be slower if our network or the internet is congested. 3.10 You must not use the Suffolk Online email server, for the following : 3.10.1 Initiating or propagating chain or pyramid e-mails. 3.10.2 Sending bulk or unsolicited e-mails, especially of a commercial nature, including but not limited to 'Spamming', except at The Phone Co-op’s discretion. 3.10.3 Sending malicious e-mail, including but not limited to "mail bombing" (Flooding a users site with large or numerous pieces of e-mail). 3.10.4 Send e-mail to a person after they have specifically requested that you do not mail them – this also applies to any automated mail .system. 3.10.5 Forge header information.
4.1 Whilst we recognise that the Internet is not a completely secure medium of communication, Suffolk Online has taken steps to safeguard the security of any information you input on the Suffolk Online websites or send to us on the Internet by using secure servers and Secure Sockets Layer ("SSL") technology which encrypts the information you input on your system before it is transmitted to us. Suffolk Online is not and will not be responsible for any damages Suffolk Online users may suffer as a result of the loss of confidentiality of such information. 4.2 We reserve the right to suspend, restrict, or terminate your access to the Suffolk Online Service for any reason, including in particular if your use of the Suffolk Online Service causes or is likely to cause the whole or part of the Suffolk Online Service to be interrupted, damaged, rendered less efficient or in any way impaired. 4.3 In order to maintain the integrity of Suffolk Online we reserve the right to forward contact details to the police, or other regulatory authorities where requested to do so; we may also forward contact details where a complaint arises concerning your use of the Suffolk Online Service and where that use is deemed by us to be inconsistent with these Terms of Use. 4.4 As part of the Suffolk Online Service we provide you with e-mail facilities, web hosting and other services that involve us providing storage space on our computers. In order to manage our computers and services we reserve the right to impose limits on the storage space provided. Such limits may be by reference to the physical amount of web space made available to you, the number of e-mail messages held, the size of any attachments sent or any other method we may specify. We reserve the right to vary these limits from time to time and we will keep you informed by e-mail. We reserve the right to refuse to accept material and/or to delete material, which exceeds the relevant limit. The current limit is 8Mb or 100 emails, whichever is the greater. 4.5 The Suffolk Online Service is provided without any warranties or guarantees unless specifically stated. 4.6 Your dealings with, and interest in, promotions, services, or merchants found on or via the Suffolk Online Service are solely between you and the person with whom you are dealing unless expressly stated to the contrary by us. Suffolk Online will do its best to help you resolve the situation, but we will not be responsible for any loss or damages that may arise from any such dealings. 4.7 We may provide, or merchants and content providers found on or via the Suffolk Online web sites may provide, links to other web sites or resources. We are unable to accept responsibility for these web sites or resources; neither can we be deemed to have endorsed their content, products or services merely because they are accessible via the Suffolk Online Service. 4.8 Suffolk Online makes all reasonable efforts to ensure that all information provided by it within the Suffolk Online Service is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of which Suffolk Online excludes all liability. Suffolk Online makes no representations or warranties about the information included on its web sites (including links to third parties' web sites). Any decisions based on the information contained on such web sites are your sole responsibility. 4.9 Information provided by Suffolk Online does not constitute legal or professional advice and should not be relied upon without taking independent advice. 4.10 Suffolk Online, its affiliates, information providers or content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information contained within the Suffolk Online Service. 4.11 Should you be using one of the Suffolk Online home products for business use, we will not be held responsible for any loss of business as a result of faults or issues with any of these home products. Business use is designed for use along with one of our business products which have certain service quality guarantees associated with them. 4.12 Suffolk Online will not be held responsible for issues that result of or on home networks or setup's pertaining to individual computer configurations. We will of course be able to help with these issues but any such work will require payment.
5.1 The registration details that you provide shall be true correct and complete. You agree to inform Suffolk Online of any changes to your registration details immediately by e-mail address to [support@suffolkonline.net] 5.2 By registering for the Suffolk Online Service you consent to our using and/or disclosing your registration details as follows:- 5.2.1 processing your application or changes to your registration details, which may involve credit checking by a credit reference agency who may record that a credit check has been made and disclosing certain personal and account details to a bank for the purposes of setting up a continuous payment authority on your credit or debit card; 5.2.2 providing registration details to any telecommunications provider who operates the telephone access network that is used to provide Internet access; and 5.2.3 providing or arranging for third parties to provide customer care facilities and bill you for the Suffolk Online Service, which may involve disclosing your personal information to third parties solely for this purpose. 5.3 Use of your personal data will be in accordance with our Privacy Policy. If applicable, our use will be subject to any limitations you selected or choices you made on the registration form in which you have provided registration details. As a member of the Suffolk Online Service you agree that we may send you information mailings regarding the Suffolk Online Service. 5.4 We will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force and we will only use personal information you provide to us for the purposes set out in your on-line application form, in clause 5.3 and for such purposes as may be reasonable for the provision of the Suffolk Online Service to you.
6.1 This Agreement will run from the time you complete the registration process and will continue thereafter unless and until terminated by either of us as set out in Clause 3.7 and this Clause 6. 6.2 This Agreement may be terminated at any time for any reason: 6.2.1 by you on up to 30 days notice to us by telephone (see Clause 9.1.2); and 6.2.2 by us on 30 days notice to you, unless we terminate pursuant to Clause 3.7 without notice. 6.3 We may also terminate the Agreement or suspend the supply of the SuffolkOnline Service to you, immediately and without notice if: 6.3.1 you breach these Terms of Use; 6.3.2 you or any person using your account misuses the Suffolk Online Service in any way, including without limitation, misuse in the manner as set out in Clause 3.2; 6.3.3 bankruptcy or other insolvency proceedings are brought against you; 6.3.4 if you are unable to pay your debts as they become due; 6.3.5 you cancel your continuous Agreement preventing us from collecting payment as it becomes due or we are unable to take payment from your account; 6.3.6 you are no longer able lawfully to receive the Suffolk Online Service; or 6.3.7 you no longer have an appropriate residential telephone account from which the Internet is accessed (as set out in the Service Specification). 6.4 If the Suffolk Online Service is suspended by us, pursuant to clause 6.3, you must continue paying charges (if applicable) unless and until the Suffolk Online Service is terminated. 6.5 In the event of termination of this Agreement you will remain responsible for all Internet Access charges you have incurred to the date of termination. 6.6 Cancellations via credit card will take place one working day before your next payment is due, cancellations via other methods including Direct Debits will take place on the day or one working day before your payment is due 6.7 If you subscribe to one of our broadband packages then cancellations of one of these packages require 30 days notice
7.1 Nothing in these terms and conditions excludes or limits our liability for any death or personal injury caused by our negligence or the consequences of any fraud by us. 7.2 Except as set out in Clause 7.1, we are not liable to you (whether as a result of breach of Agreement, negligence or other tort or otherwise) for: 7.2.1 any damage or loss arising from the consequences of viruses received by you via the Suffolk Online Service or of our failure to provide the Suffolk Online Service in accordance with these Terms of Use; or 7.2.2 loss of profit, any indirect or consequential loss, loss of data, business, or savings or for any wasted expense including but not limited to the cost of using any other service or losses caused by viruses. 7.3 Except as set out in Clause 7.1 any liability we may have to you (whether as a result of breach of Agreement, negligence or other tort, or otherwise) for any loss or damage suffered by you in relation to the provision of the Suffolk Online Service is limited to £50 in any 12 month period. 7.4 We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).
8.1 If you have a complaint about any aspect of the Suffolk Online Service, please contact Suffolk Online Support on 01473 242505 (calls are charged at standard rate and may be monitored for training, security and quality assurance purposes) who will endeavour to resolve any complaints as soon as is reasonably possible. 8.2 If you are not satisfied that your complaint has been resolved, you can escalate your issue, in writing, to Suffolk Online, Suffolk ACRE Technology Ltd, 2 Wharfedale Road, Ipswich Suffolk IP1 4JP In normal circumstances a reply will be provided within 7 working days of receipt of your letter.
9.1 Unless otherwise provided in these Terms of Use, any notices must be sent by e-mail, post or delivered by hand as follows: 9.1.1 to you, at the address you have given us or the e-mail address given to us in your registration details or to any other address provided to us subsequently; and 9.1.2 to us by telephone only by calling our Support Team on 01473 242505 (calls are charged at standard rate and may be monitored for training, security and quality assurance purposes). 9.2 In the case of notices sent to you by email, such notices shall be deemed to be received when capable of being accessed by you. In the case of notices sent to us by post, such notices shall be deemed to be received on the second business day after posting.
10.1 We may alter and/or amend at any time: 10.1.1 the Suffolk Online Service upon giving you 21 days notice in advance, of such alteration taking effect, provided such alteration or amendment does not require any material change to this Agreement; and 10.1.2 this Agreement upon giving you 21 days notice in advance of any such amendment taking effect. If, upon receiving any such notice, you do not wish to continue with the Suffolk Online Service, you may terminate the Agreement upon giving us written notice. Your notice shall take effect upon the earlier of 7 days from our receipt of your notice or the date upon which the amended Agreement would otherwise have taken effect. 10.2 You will be deemed to have accepted any alteration and/or amendment to the Agreement and/or the Suffolk Online Service if you continue to use the Suffolk Online Service after the relevant period of notice has expired.
11.1 You may not transfer the Agreement between us or any part of it to anyone else. 11.2 We may transfer the Agreement between us to any person taking over the supply of the Suffolk Online Service or any part of the Suffolk Online Service. We may also sub-contract or assign the provision of the Suffolk Online Service or any part of the Suffolk Online Service to any other person. 11.3 If any part of the Agreement between us is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement. 11.4 Any delay or failure by either of us in enforcing any right under the Agreement between us is not a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced. 11.5 This Agreement constitutes the entire Agreement between us relating to the provision of the Suffolk Online Service and supersedes any previous Agreements between us relating to the Suffolk Online Service. 11.6 Nothing in this Agreement is intended to create any rights under the Contracts (Rights of Third Parties) Act 1999, which is enforceable, by any person who is not a party to this Agreement. Nothing in this Agreement shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act. 11.7 The provision of the Suffolk Online Service and the application of this Agreement are governed by English Law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Agreement. 11.8 Suffolkonline.net is a trading name of Suffolk ACRE Ltd, registered charity No.1062038. A company limited by guarantee and registered in England No. 330270. Registered Address: Suffolk ACRE Ltd, Suffolk House, 2 Wharfedale Rd, Ipswich, IP1 4JP
12.1 If a fault does occur, you can report the fault by telephone on 01473 242505, email to support@suffolkonline.net or in writing to Suffolk Online Support, Suffolk ACRE Technology Ltd, 2 Wharfedale Road, Ipswich Suffolk IP1 4JP. You are responsible for all call charges that you incur whilst making calls to Suffolk Online Support. Once you have reported a fault to us, we will do our best to resolve the fault as quickly and efficiently as we are able to in the circumstances. 12.2 We are not responsible to you for any computer equipment, software and cables that we did not supply to you. We will not reimburse you for the costs of any support that you obtain from elsewhere. 12.3 The helpdesk is open from 9am to 5pm every weekday excluding bank holiday's and other specified days. We reserve the right to ammend these opening hours as we see fit and we will give you appropriate notice periods should we do this. Should the helpdesk be closed when you call, an answer machine will be available to allow you to leave a message. We will endeavour to get back to you as efficiently as we are able to in the circumstances. 12.4 All our services are monitored 24 hours a day, 7 days a week by remote engineers. Should a major fault develop and the helpdesk is closed, our remote engineers will do their best to resolve the issue as soon as they can. 13. Additional conditions pertaining only to ADSL broadband services [ top ] ADSL 13.5 Before we can agree to your request to subscribe to the broadband service: 13.5.1 we must confirm that you have an existing BT telephone landline at the location to which you have requested that we provide the broadband service. We will do this by carrying out a test on the telephone number that you have given to us on your registration form; 13.5.2.1 or alternatively request a MAC (Migration Authorisation Code) from your current broadband provider. 13.6 In reference to the ADSL services that Suffolk Online provides. Suffolk Online cannot be responsible for faults that are in relation to the telephone line or for other services that are beyond our control (ie internal network etc). Whilst we will do our best to work with the supplier to assist you in resolving the problem, there is no obligation on Suffolk Online's behalf to provide technical support or a refund for faults that are not due to the services that Suffolk Online provides. The customer will need to contact the supplier or maintainer of those services that have the fault to obtain this refund. 13.7 It may be necessary for Suffolk Online employees or their agents to gain access to customers premises to effect installations or repairs. The customer will at all reasonable times provide our employees and agents access on production of a valid identity card. We will normally only require access during normal working hours but may require access at other times on reasonable notice. 13.8 The one-off activation charge is non-refundable in all circumstances, other than that pertaining to condition 13.9. 13.9 There is a 5 day "cooling off" period on orders on all our broadband packages where if you cancel your broadband order within this period then no charges will be incurred. If however you decide to cancel your ADSL order after this period then dependant on what stage BT have reached with the process of this order we reserve the right to charge the activation charge of £53.00 to yourself. 13.10 During the broadband order process, if ADSL hardware was purchased through Suffolk Online and distributed to yourself before your order was cancelled and then charged to your account. Should you return the hardware to the address detailed in section 12, then we will endeavour to refund the full cost of the hardware. We are not liable for any delivery charges incurred. 13.10 Suffolk Online does operate a fair usage policy on all of our products and this is defined more closely at http://www.isp.suffolkonline.net/pages/fairusage.php 13.11 Our 12 month contract as mentioned on the "ADSL Packages" page is legally binding, so should you cancel your subscription part way through the 12 month period then you will be required to pay the remaining monies owed on the contract that you will have signed and sent back to us. 13.12 Migration to another ISP requires a MAC code of which you will need to contact us to obtain. We will issue this MAC code within a 5 working day period, unless extreme conditions interfere in this process. MAC codes are valid for up to 30 days and unless other contacted we will automatically cancel your account with us after this 30 days. If you change your mind and wish to continue your subscription with Suffolk Online then you will need to call the Suffolk Online helpdesk number to let us know. If the 30 days of your MAC code run out before finding another Internet Service Provider you will need to contact us again to obtain another MAC code. 13.13 As of April 2008, all our broadband products have Internet data use restrictions on them, unless otherwise specified. Customers will be billed additional amounts on their next monthly billing amount if they have exceeded the advertised data limits (detailed on our sales site www.isp.suffolkonline.net). These additional amounts will be billed at the rates detailed on our sales site above and they will be billed on the next monthly billing data after this exceeding of the data limit. Suffolk Online has a policy of rounding up or down to the nearest Gigabyte (GB), when it is billing additional data charges to a customer's account. All customers exceeding their data limits will be written to, either by email or letter, informing of this fact and the changed amount to be billed from their account. Any changes in payment will be dealt with in accordance of condition 2.3.
14.1 In this Agreement unless the context otherwise requires, the following expressions shall have the following meanings namely: Internet Access we/us you/your 14.2 In this Agreement words importing the singular include the plural and vice versa and words importing gender include any gender.
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