Network-i

Terms and Conditions For InBand xDSL Service

Unless the context otherwise requires, the following terms shall have their respective meanings:

The words we, us and our mean Network I Ltd

The words you, your and yours refer to the entity who enters this Agreement with us and where the context requires your client(s).

Agreement means this agreement, which is with you for the provision of Service. We invoice you for provision of the Service.

BT means British Telecommunications plc, registered in England No. 1800000.

Business Hours means Monday-Friday between the hours of 9.00 a.m. and 5.00 p.m. excluding Public Holidays.

Customer Equipment means all electrical and electronic equipment including mains electrical power and appropriate storage, systems software cabling and any other equipment deployed by you at your Site.

InBand Service means the provision of Symmetrical Digital Subscriber Line (SDSL) or Asymmetric Digital Subscriber Line (ADSL), which we buy on a wholesale basis from our service partners.

Initial Period means a minimum of one-year from the date of installation for each SDSL service provisioning and One (1) calendar month for each ADSL service under this Agreement.

Internet Protocol (IP) addresses allocated to you under this Agreement are aggregatable addresses, that is you must release and return all IP addresses to us after expiration of each Fully Installed or Self Install Service provided for under this Agreement. The assignment of the address space becomes invalid when we no longer provide you with the Service under this Agreement.

LAN means local area network.

Service(s) mean provision of ADSL or SDSL service, which can only be provisioned on a BT analogue telephone line that is technically capable of receiving the Service.

Service Equipment means on site routing equipment, software, and cables and telecommunications equipment supplied by us or our sub-contractor(s) for the provision of Service(s).

Site means a place to and from which we agree to provide you the Service(s).

1. Service Description

Our service is available in two forms: ADSL and SDSL.

Product Bandwidth Service Details
Up Down
ADSL Home 500 256 Kbps 500 Kbps Router not included. Fixed IP addresses. Available nationally.
ADSL Home 1000 256 Kbps 1000 Kbps Router not included. Fixed IP addresses. Available nationally.
ADSL Home 2000 256 Kbps 2000 Kbps Router not included. Fixed IP addresses. Available nationally.
ADSL Home Max Up to 400 Kbps Up to 8 Mbps Router not included. Fixed IP addresses. Available nationally.
Product Bandwidth Service Details
Up Down
ADSL Office 500 256 Kbps 500 Kbps Router not included. Fixed IP addresses. Available nationally.
ADSL Office 1000 256 Kbps 1000 Kbps Router not included. Fixed IP addresses. Available nationally.
ADSL Office 2000 256 Kbps 2000 Kbps Router not included. Fixed IP addresses. Available nationally.
ADSL Office Max Up to 800 Kbps Up to 8 Mbps Router not included. Fixed IP addresses. Available nationally.
Product Bandwidth Service Details
Up Down
SDSL Office 500 500 Kbps 500 Kbps Router included. Fixed IP addresses.
SDSL Office 1000 1000 Kbps 1000 Kbps Router included. Fixed IP addresses.
SDSL Office 2000 2000 Kbps 2000 Kbps Router included. Fixed IP addresses.
Product Bandwidth Service Details
Up Down
SDSL Business 500 500 Kbps 500 Kbps Router included. Fixed IP addresses.
SDSL Business 1000 1000 Kbps 1000 Kbps Router included. Fixed IP addresses.
SDSL Business 2000 2000 Kbps 2000 Kbps Router included. Fixed IP addresses.

2. Provision Of Service

We will provide the Services in accordance with this agreement. By placing an order with us for the service you are deemed to have accepted the Terms & Conditions contained herein. We reserve the right to decline any order up to and including the date of any proposed install should we discover that it is not possible to provision the Service.

2.1 Installation of ADSL Service

We will enable the requested telephone line number as given to us by you for the requested Service. You are responsible for the rental of the telephone line and all call charges. You are responsible for connecting your LAN to the Service by installing your Customer Equipment. You are responsible for the provision of Customer Equipment including but not limited to any number of ‘noise filters’, any routing device, configuration of the LAN and the nodes on the LAN that connect to the Service. We will inform you when the Service is enabled for your use.

Where you purchase the ADSL router from us, we shall pre-configure the router and send it to Site for you to undertake the installation of the router.

2.1.2 ADSL Service

2.2 Installation of SDSL

The service will be remotely enabled. We shall pre-configure the router and send it to Site for you to undertake the installation of the router, unless we undertake the router installation ourselves. On Site you will have Service Equipment enabling you to connect to the service. We will inform you when the service is enabled for your use.

2.2.1 SDSL Service Provisioning

3. Your Obligations

You will:

On termination of the Service and this Agreement return the Service Equipment to us in a good state of repair and return the IP address allocation to us.

4. Fault Resolution

In instances where a fault exists with the Service and not the Customer Equipment or LAN, providing you notify us during Business Hours, we will try to resolve the service outage as soon as reasonably possible. Where the fault is not due to a lacking in our Service we may charge and you shall pay additional fees based on the time and material spent by us in resolving the fault.

5. Confidentiality

All information including commercial information contained in this Agreement is mutually confidential and shall remain confidential between you and us for a period one year after the expiration of this Agreement. You and us are allowed to reveal the contents of this Agreement only by acquiring prior written permission, unless requested by a Court of Law, a law enforcement agency, or our sub-contractors for the provisioning of the Service.

5.1 Invoicing

Under this Agreement, we provide the Service to you. We shall invoice you for the Services on a monthly in advance basis, applying pro-rata adjustments as necessary. You must pay these amounts to us without delay and without asserting any credit, set off or counterclaim against us in order to justify withholding payment of any amount in whole or in part.

If you do not pay us any money due under this Agreement or otherwise then we may suspend the Service. Such suspension will not affect your obligations to us under this Agreement.

If you are more than 7 days late with any payment the whole amounts remaining due under this Agreement will be immediately payable by you and we may charge you interest on that entire outstanding amounts. Interest will be calculated at the rate of 4% above the Base Rate of HSBC Bank Plc at the time and will be payable for each day you are late in making the payment.

All charges are payable by you without deduction, condition, set off or claim.

6. Termination Of The Agreement

Under the Agreement Termination date of the Agreement will be deemed as that date when you have met your obligations under this agreement and you have paid all outstanding amounts owed to us.

7. Your Acceptance

We shall endeavour to inform you of the date of each Service delivery. Upon completion of Service delivery and as of the close of the Service delivery business day you will have 8 Business Hours to notify us of any lacking in the Service. Should you not notify us of any lacking in Service within the 8 hours after Service delivery then at the expiration of the 8 hours you will have deemed to have accepted the Service as of the Service delivery date.

7.1 Service Level

For Service issues We will provide you with support during Business Hours. No undertaking is given that the Service will perform satisfactorily. You acknowledge this and accept that failures and/or degradation of the Service caused by technical or other faults will, from time to time, occur and service issues will be worked upon during Business Hours.

8. What happens if you break this Agreement?

If you break this Agreement or become insolvent, charges are still payable and we will charge you for any losses or costs (including our internal costs) we have to pay as a result. You must pay us immediately any such amount. We may also suspend, terminate or withdraw the Service(s).

If we terminate, suspend or withdraw the Services because of your default or insolvency then you will still have to pay us all normal charges prior to termination including for the period of notice and for the Initial Period for Service provisioned.

9. About changes to the Agreement

We may change or add to the terms of the agreement. We may transfer our rights or duties under this agreement to another organisation (including organisations outside the European Economic Area). If we do decide to this we may let them have any information about you. We may also arrange any other persons to carry out our rights and duties under this agreement. You may not transfer any of your rights or duties under this agreement. We can delay enforcing our rights under this agreement without losing them.

10. How we limit our liability to you

We will not, in any event, be liable to you for any indirect or consequential loss or damage (whether in contract, tort, financial or otherwise), nor for any loss of data or profit. If we supply you with other products, the equipment and its configuration is entirely your responsibility.

In any event (other than death, personal injury, fraud or as provided in Part 1 of the Consumer Protection Act) our total liability to you will be limited to the amount paid by you for the In-Band connection for which you suffered the loss. You must also notify us in writing within 2 weeks of the loss or damage occurring; otherwise we will not be liable in any event.

11. How we may use your information

 

The laws of England and Wales govern this Agreement.

 

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