www.connexin.co.uk

Terms and
Conditions.

  • Terms of Use

    These Terms and Conditions shall apply to your use of the website located at www.connexin.co.uk and its related websites (“the Connexin Site”). By using the Connexin Site You agree to be bound by the terms of use set out below. If You do not wish to be bound by these terms and conditions, You should not use the Connexin Site. We may change these terms from time to time and so you should check these regularly. Your use of the Connexin Site will be deemed an acceptance of the terms existing at that time.

    As part of our commitment to ensuring the Connexin Site is one You want to visit time and time again, We welcome your comments on any of the policies or rules set out below.

    1. Definitions

    “You” means you, the user of the Connexin Site and “Your” shall be interpreted accordingly. “We/Us” means Connexin Limited of 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN (except in sections 6 and 11) and “Our” shall be interpreted accordingly. “Connexin Site” shall have the meaning as set out above. “User Information” means the personal details, which may be provided by You to Us via the Connexin Site. “Users” means the users of the Connexin Site collectively and/or individually as the context admits. “Website” means a site on the World Wide Web.

    2. Acceptable Use

    You agree that any use by You of the Connexin Site shall be in accordance with the following conditions:

    2.1 You will not post or transmit through the Connexin Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist, unproven or unfounded allegations (especially of wrongdoing) or otherwise offensive. Always treat other Users with respect.

    2.2 You must not upload, post, or otherwise transmit any content that includes any of the following inappropriate content:

    · Any personal information belonging either to wither You or another person, such as full name, address, phone number, email address;

    · Spam, such as advertisements for other web sites and services, or other commercial solicitation; chain letters, pyramid schemes, polls or petitions;

    · Flooding the forum boards with excessive posts, meaningless posts, posts unrelated to the topic or padding posts;

    · Discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promote products or services from other providers, or abuse any company or product;

    · Repetitive or continuous complaints about Connexin policy;

    · Discussions of moderator actions on the boards. If you need to comment on a moderator action, please private message any administrator/moderator;

    · Posting or transmitting any information or software containing a virus, worm, Trojan horse, or other damaging or destructive component;

    · Posting a link directing users to any information or content that, if posted on the Connexin Site would constitute a violation of the Guidelines or Terms of Use. Connexin is not responsible for the content of any third party websites and users use of any hypertext links posted on the forum at their own risk.

    · Attacks, including “Flaming”, of another user in such a way as to incite or perpetuate arguments or conflict; creating usernames to attack other users’ identities; impersonating other individuals or falsely representing one’s identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant’s privacy by including name, address, phone, email address, or any other identifying information.

    · Include URLs of third party websites which may contain offensive or illegal material.

    · Postings that break the law, or encourage/support breaking the law. This includes libel, contempt of court and breach of copyright.

    · Discussions regarding active UK court cases.

    · Advice that would result in a breach of any Connexin product or equipment warranties.

    · Advice that would result in a breach of Connexin subscription terms & conditions.

    · Advice that if followed could result in bodily injury or harm.

    2.3 You must not evade bans or suspensions or otherwise disregard directions from moderators or administrators.

    2.4 You agree not to use the Connexin (or any part of it) to:

    · Solicit personal information, email addresses, contact information, passwords or other personally identifying information.

    · Solicit participation in public discussion, debate, comment or activity outside this Site;

    · Provide false or misleading information about yourself or your business, or create a false identity or use or attempt to use another’s account or identity (including for the purposes of accessing My Connexin functionality – see Section 10).

    2.5 We reserve the right to manage the postings on the Connexin Communities to provide an orderly presentation of this information. To effectively manage the site, Connexin may designate employees or others to act as moderators and administrators for the site (“Moderators”). These Moderators are the only representatives of Connexin that are authorised to manage the Connexin Communities. Any Connexin employees who are not designated as Moderators or Employees are not authorised to represent themselves on the site as Connexin employees. Authorised Connexin Employees are distinguished by the Rank of “Employee” and/or an official Connexin logo as an Avatar. Connexin is not responsible for content provided by any Connexin employee who is not designated as a Moderator or an Employee.

    2.6 You will not post or otherwise make available on the Connexin Site any material, which You do not own without the express permission of the owner of the material.

    2.7 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Connexin Site except as is strictly necessary for Your own personal non-commercial home use.

    2.8 You will not access the Connexin Site by automated means or otherwise for the purposes of scraping, extracting, or otherwise obtaining any material from the Connexin Site (including TV listings) for use within a third party Website or application.

    2.9 You will abide by the specific rules of any competition or promotion that You participate in on or via the Connexin Site. Unless we tell you otherwise, all prize draws and competitions offered via the Connexin Site are not open to people resident outside the United Kingdom.

    2.10 You will not do anything that affects the operability or security of the Connexin Site or causes unreasonable inconvenience or offence or disruption to our staff.

    3. Third Party Websites

    3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Connexin Site.

    3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.

    3.3 Any dealings between You and any third party advertisers or merchants found on or via the Connexin Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. Where You purchase goods or services directly from Us, section 11 of these terms and conditions will apply.

    4. Intellectual Property

    4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Connexin Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.

    4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

    4.3 You acknowledge that by posting materials on the Connexin Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Connexin Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.

    5. Liability for and information provided on the Connexin Site

    5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.

    5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Connexin Site, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.

    5.3 We will endeavour to provide the Connexin Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Connexin Site and do not promise that the material contained in the Connexin Site, or any of the functions contained in the Connexin Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

    5.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Connexin Site.

    6. Safety

    We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Connexin Site with confidence. When using the Connexin Site, in particular any bulletin boards or chat forums, You should always take the following precautions:

    6.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;

    6.2 never meet with someone You meet online.

    6.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.

    7. Indemnity

    If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Connexin Site.

    8. Privacy

    We will respect any business and personal information provided by you and undertake to comply with all data protection legislation currently in force. Any personal information provided by you shall be subject to our Privacy Policy. We shall not disclose your registration details to any third party without your permission unless in accordance with the terms of the Privacy Policy.

    9. Termination

    We reserve the right immediately to terminate Your use of the Connexin Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.

    10. Feedback

    Should You wish to make any comments to Us about the Connexin Site or if You have any questions relating to the same please contact Us using the Feedback Form on the Connexin Site.

    11. My Connexin

    Section 10 applies to visitors to the My Connexin section of the Connexin Site in addition to the terms and conditions which precede and follow this section. Attention is drawn in particular to paragraph 2 (acceptable use) and paragraph 5 (liability for information provided on the Connexin site) above.

    11.1 Registration etc. In order to participate in parts of My Connexin, registration is required. You must be a Connexin Customer in order to register as the primary user but may be able to nominate guest users provided they are part of the same household and they consent. To register as the primary user, you are required to provide us with accurate and complete details including your full address. You may also choose a user name and password. Any guest user you nominate must also provide a user name and password which must be different to that of the primary user.

    11.2 User name and password. When choosing a user name, a minimum of 6 and a maximum of 40 alphanumerical characters must be used. URLs, Domain Names, underscores, full stops and any of the following characters -=[];’#,./!”£$%^&*()+{}:@~<>? must not be used.

    When choosing a password a minimum of 7 and a maximum of 25 characters including both alphanumeric characters and must be used without any spaces. It is advisable not to use obvious dictionary words eg password or consecutive numbers or letters or obvious personal information such as children’s name, pet’s names or date of birth. Password should not be the same as the username, name or email address and should not be re-used when choosing a new password.

    Each registered user is responsible for the security and proper use of their user name and password and must not disclose either to any third party (whether directly, via a Website or application interface or otherwise). It is each registered user’s responsibility to change their password immediately if they believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised.

    11.3 Termination or suspension. We may suspend or terminate a user’s My Connexin registration if these terms and conditions are breached, in particular paragraph 2 (acceptable use).

    11.4 Deletion of dormant My Connexin profiles. If your My Connexin registration profile is unused for a period of 2 years or more we may delete it from our systems without prior notice to you. If you want to access My Connexin in the future you would need to re-register your details and create a new user name and password.

    12. General

    12.1 Invalidity etc. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

    12.2 Governing Law. These terms and conditions and the Connexin Site are governed by English law. Disputes can be dealt with by the English courts.

    12.3 Third Party Rights. These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.

    Corporate Information

    Connexin limited (Registration No. 05823408). Our UK VAT number is 893 0696 83. Connexin Limited is incorporated in England and Wales and has the following registered office at 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN.

  • Wireless Broadband

    Please take a few minutes to read carefully the terms and conditions set out below for the products and services you have ordered from. By using your chosen Connexin services you are agreeing to the terms and conditions set out below that relate to those services including any changes to them or the services in accordance with these terms and conditions.

    (a) If you are also a Connexin Voice customer and your Connexin Wireless Broadband Contract ends or your broadband is suspended, your Connexin Voice service may automatically end/be suspended too (Condition 1(c)).

    (b) Your subscription for your chosen Connexin Wireless Broadband product has a minimum term which starts on the date your radio is first activated to receive Connexin Wireless Broadband (the “Minimum Term”). The length of the Minimum Term is as agreed when you ordered your Connexin Wireless Broadband Product and will be confirmed by us in writing on or shortly after you have placed your order. You must keep the Connexin Wireless Broadband Product you have chosen for the duration of the Minimum Term, unless you or we are allowed to end this contract earlier (Condition 11). If your Contract ends during the Minimum Term (other than where you have a right to end it without incurring early termination charges – see Condition 11(b)) we may charge you an early termination charge. Unless you tell us otherwise, we may charge this amount directly to any credit or debit card or direct debit which you have provided us with details of and, by entering into this Contract, you are authorising us to do so. We will give you reasonable notice in writing before these charges are made. For further information about these charges, please refer to Condition 11 (titled `How long your Contract lasts’).

    (c) You may cancel your Connexin Wireless Broadband after the Minimum Term. Cancellation requires 30 days notice in advance and it must be requested in writing via email: support@connexin.co.uk. Please note that your Contract will continue and you will be liable for the monthly subscription until a formal cancellation notice is received in writing. Verbal cancellation will not be accepted.

    (d) Your use of Connexin Wireless Broadband, and that of those you allow to use Connexin Wireless Broadband, must comply with our Usage Policies. If your chosen Product has a Usage Cap then you must not go over that Usage Cap each month otherwise we may take action against you. This may include charging for the additional usage, suspending your service or upgrading your Product to one with a higher Usage Cap if you go over your Usage Cap twice in any six-month period. You will then have to pay the current price for that Product. You are responsible under this Contract for the use of Connexin Wireless Broadband by any person you allow to use it (Condition 2(c) and Usage Policies).

    (e) Connexin Wireless Broadband is variable and our prices and Products can change, even during your Minimum Term. However, if we increase the price of your chosen Product and you are materially disadvantaged by this you will have a right to move to another Product accessible by you or end this Contract. Unless we increase it for any of the reasons set out in Condition 6(c), you can also end the Contract during your Minimum Term if we increase your Connexin Wireless Broadband Payment. If you wish to end this Contract for these reasons, then you need to let us know within 30 days of notice of the change (Conditions 7, 11(c) and 11(d)). Your right to cancel does not apply to you if, in line with our Usage Policies, your Product is upgraded to one with a higher Usage Cap.

    (f) Your Connexin Wireless Broadband does not require you to have a phone line to receive service. However, should you want to keep your existing landline number you can port your number to Connexin (subject to Connexin having a porting agreement with your existing provider). An upfront porting fee will apply as well as any monthly charges associated with taking out a Connexin Voice Package.

    (g) If after we port your phone number to Connexin, you decide to cancel or switch your Connexin Wireless Broadband service to another provider, your Connexin Voice services may automatically be cancelled at the same time. If you want to keep your phone number, you will need to port this to another provider prior to cancellation.

    (h) If you take Connexin Wireless Broadband and have an engineer installation or choose to have an engineer install your Wireless Router, we will confirm the charge (if any) for your appointment when you place your order. Connexin will not install Connexin Wireless Broadband services where extensive construction over and above standard needs is required. Please refer to the installation terms and conditions set out at the end of this Contract.

    (i) Connexin recommends that you ensure all your devices that connect to the internet are protected by appropriate up to date antivirus software and firewall at all times.

    (j) If you have taken a static IP address and your Connexin Broadband is disconnected, suspended or terminated for any reason, your IP address may be reassigned to Connexin or another Connexin customer. Your old static IP address will not be available to you again if your service is reactivated or you subsequently return to Connexin Broadband.

    (k) If you take up a special offer, this Contract will be varied to take account of the offer terms and conditions.

    CALLING CONNEXIN

    Calls to and from Connexin Customer Services may be recorded or monitored for training and other purposes. If you wish to discuss your Connexin Broadband account or experience problems using Connexin Broadband, you should contact Connexin Customer Services on 01482363738 or support@connexin.co.uk.

    CONNEXIN WIRELESS BROADBAND SUBSCRIPTION CONTRACT

    These are the terms and conditions (“Conditions“) on which Connexin Wireless Broadband Internet Access (“Connexin Broadband“) will be provided to you. Further terms and conditions are set out in the Connexin Wireless Broadband Usage Policies (“Usage Policies“). Together they make up your Connexin Wireless Broadband subscription contract (“Contract“).

    Please note: Additional features, content, services and applications may be available for Connexin Wireless Broadband subscribers on, or via a link from, www.connexin.co.uk (“Connexin Broadband Extras“). These are not covered by this Contract.

    This Contract is between you and Connexin Limited (“Connexin”), which will be responsible for providing you with wireless broadband internet access and where applicable, your Connexin Wireless Router (“Wireless Router”). If you take Connexin Wireless Broadband and require an installation an authorised contractor may provide installation services on Connexins behalf. References below to “we” or “us” shall be read as references to Connexin. You can contact us at Connexin Limited, No 1, Bridge View Office Park, Henry Boot Way, Hull, HU4 7DW.

    Connexin Wireless Broadband and who can get it

    (a) We offer a number of broadband subscription products (“Products”). Full details of the Products available from time to time are set out on the Connexin website at www.connexin.co.uk.

    (b) Availability of Products will vary depending upon your location.

    (c) To take Connexin Wireless Broadband you must be 18 years old or over and your address must be in an area of the UK where Connexin Wireless Broadband is accessible. If you are a Connexin Voice customer and your Connexin Wireless Broadband is suspended or ends under the terms of your Connexin Wireless Broadband Contract for any reason (other than where we are at fault), we may also suspend or end (as applicable) the provision of Connexin Voice on giving you notice in writing.

    (d) Connexin Wireless Broadband will be provided to you at your address in the UK that you notify to us from time to time (“Address”). You can only have one Connexin Wireless Broadband subscription at your Address unless otherwise agreed in writing.

    Using Connexin Wireless Broadband

    (a) Connexin Wireless Broadband is for private use by you and members of your household only. It must not be used for any activities not reasonably expected of someone using Connexin Wireless Broadband for domestic purposes. For a business connection, it is for private commerical use by you and your company within your dedicated office address.

    (b) For communication purposes, you will be registered as the primary user but you can nominate additional users provided they are members of your household or compay and they consent. Any additional user must also provide a user name and password, which must be different to yours.

    (c) You are responsible for the security and proper use of your username and password and you must not disclose either. You are also responsible for the security and proper use of each additional user’s username and password. You are also responsible for all activities that occur under these usernames and passwords. If you know or suspect that your username or password or any username or password of your additional users has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible.

    (d) If we believe that there has been, or is likely to be, a breach of security of your username or password or of the username or password of any of your additional users, we may suspend such usernames and passwords and require that any or all of them are changed.

    (e) You and any additional user must not use any logos or trade marks of Connexin in any way which could damage or undermine the owner’s reputation.

    (f) We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of Connexin Wireless Broadband or your Wireless Router or other equipment provided by Connexin or on its behalf for use in conjunction with Connexin Wireless Broadband by you or anyone you have allowed to use Connexin Wireless Broadband.

    (g) If your Radio is disconnected for any reason, you will lose your connection to Connexin Wireless Broadband. Whilst disconnected you will no longer receive routine security and service updates and there may be a delay in being reconnected to Connexin Wireless Broadband. If a re-connection fee is payable, we will tell you the amount of this fee before charging you. You will be charged for Connexin Wireless Broadband throughout this period, unless the disconnection or delay in reconnection has been caused by us or our agents.

    (h) To protect our networks and maintain quality of service for all of our users we can temporarily or permanently control or restrict your online activities via Connexin Wireless Broadband where such activities may have a detrimental effect on other customers’ quality of service and it is reasonable for us to do so (e.g. sending “spam” Messages).

    (i) We may modify or temporarily suspend Connexin Wireless Broadband, or part of it, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of Connexin Wireless Broadband and we will restore Connexin Wireless Broadband to you as soon as we can. Where possible, we will notify you if this occurs between the hours of 9am and Midnight and is due to last for more than 1 hour.

    (j) If you wish to use a modem or any other equipment that we have not supplied to you in order to access Connexin Wireless Broadband we cannot guarantee that our service will work with these. You must not use a Radio that we have not supplied to you in order to access Connexin Wireless Broadband.

    (k) From time to time faults in the Connexin Wireless Broadband service may occur. We will try to resolve faults as soon as possible. Please refer to the Connexin Customer Handbook for more details.

    The Wireless Router

    (a) As part of the Connexin Wireless Broadband service Connexin may supply one Wireless Router to you under this Contract.

    (b) Your Wireless Router (except the software in it) will become your property on payment or delivery (if included in your Connexin Wireless Broadband package). The software in your Wireless Router and in any other equipment provided to you by Connexin or on its behalf for use in conjunction with Connexin Wireless Broadband is owned by or licensed to Connexin or another Company. You must allow this software to be updated. Updates will happen automatically at no extra charge.

    (c) Your Wireless Router and any other equipment provided by Connexin (or on its behalf) for use in conjunction with Connexin Wireless Broadband are not supplied as being capable of being used to access any other internet service.

    The Wireless Router Warranty

    (a) Your Wireless Router is supplied with a warranty (“Warranty”) against faults arising in the first 12 months after supply. The warranty is with the router manufacturer directly, not Connexin. We highly recommend that you register your router warranty via the manufacturer website straight away.

    (b) The following are not covered by the Warranty: faults arising from misuse, accidental or deliberate damage to your Wireless Router; damage arising from use of equipment that is not supplied by or on behalf of Connexin for use with your Wireless Router; extension cables and network equipment; cosmetic damage which does not affect the functionality of your Wireless Router; computer equipment, software and cables that we or our suppliers did not supply to you and damage caused by events outside the reasonable control of Connexin or its equipment suppliers.

    (c) To report a fault with your Wireless Router, please contact the manufacturer using the contact details provided on their website.

    (d) The Warranty does not apply outside the UK. It does not affect your legal rights, for example in relation to Connexin supplying a Wireless Router which is not of satisfactory quality or not providing Connexin Wireless Broadband with reasonable care and skill. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk

    Changing your Address and Telephone number

    (a) You must tell us immediately of any changes to your Address or the telephone numbers you have provided to us. We recommend that you provide us with at least 2 weeks’ notice of your change of Address.

    (b) If you change Address:

    (i) This Contract will continue unless you exercise a right to end it under this Contract.

    (ii) If any Product which you are subscribing to is not available at your new Address you may either end this Contract or select another Product that is available there or this Contract will continue.

    (c) We may charge you any costs we reasonably incur as a result of transferring your service to your new Address. We will tell you the amount of this charge before charging you.

    Paying for Connexin Wireless Broadband

    (a) Unless otherwise agreed, you will be charged the monthly subscription you have agreed to pay for the Product you have chosen (“Connexin Wireless Broadband Payment”) from the date your connection is first activated to receive Connexin Wireless Broadband (“Activation Date”). We will collect the Connexin Wireless Broadband Payments (and any other amount which we have told you is due in relation to Connexin Wireless Broadband) each month with your other Connexin subscription payments via the same payment instruction.

    All prices quoted for Connexin Wireless Broadband assume you will be paying your bill by Direct Debit. If you choose to pay your bill or any other charge by debit card or credit card an additional charge may apply. We will tell you the amount of this charge when you tell us you want to pay by debit card or credit card, and the amount will be no more than the cost to us of you using that method of payment.

    (b) Subject to Condition 11(c), we may increase your Connexin Wireless Broadband Payment at any time for any reason stated in Condition 16(a) or 16(b) by giving you at least one calendar month’s notice in writing. This notice requirement does not apply where, in line with our Usage Policies, your Product is upgraded to one with a higher Usage Cap or you incur charges for going over your Usage Cap.

    (c) We may also increase your Connexin Wireless Broadband Payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing, including to reflect a change in the rate of VAT or other applicable taxation charge or levy, which affects your Connexin Broadband Payment directly or our pricing structure generally. We will use our reasonable endeavours to notify you before any price increase takes effect under this Condition 6(c). Your Connexin wireless Broadband Payment will also change if you are permitted to change Products, or in line with our Usage Policies, if we upgrade your Product to one with a higher Usage Cap or charge you for going over your Usage Cap.

    (d) If you have provided unauthorised payment or other details, we can suspend provision of Connexin Wireless Broadband without giving you notice. This does not affect our right to end this Contract under Condition 11(h).

    (e) If you miss any payments you owe to us including for any Connexin service we may charge you a reasonable fee to help pay for the extra costs we incur when processing late payments, or interest at the yearly equivalent of 4% over Barclays Bank plc’s base rate for the whole period of any late payment, to compensate us for you breaking these Conditions. Any interest is worked out daily. These fees will not be applied to any amount you have not paid because it is the subject of an ongoing dispute between us. You will also be responsible for paying all reasonable debt recovery fees/charges incurred in recovering your debt, including fees charged by any debt collection company we use. We will send you a reminder or call you before applying any late payment fees or instructing a debt collection company. We may also charge you a reasonable fee that reflects the costs we incur if any payment instruction from you is returned to us because you do not have enough funds in your account, is cancelled or is not cleared by your bank.

    How we can change Connexin Wireless Broadband

    (a) Connexin Wireless Broadband is variable. We can change, replace or withdraw Products at any time for any reason stated in Condition 16(a) or 16(b).

    (b) We will give you at least one month’s notice in writing if we make any change to Connexin Wireless Broadband which is likely to materially disadvantage you, or which results in an increase to your Connexin Wireless Broadband Payment or if we withdraw your chosen Product. This notice requirement does not apply where we reduce your Connexin Wireless Broadband Payment (in which case we will let you know about the change through another suitable method) or where, in line with our Usage Policies, your Product is upgraded to one with a higher Usage Cap or you incur charges for going over your Usage Cap. We will let you know about any other changes to your chosen Product in writing or by putting a notice on Connexin.co.uk or through another suitable method.

    (c) If we withdraw your chosen Product, we will move you onto the nearest equivalent Product accessible by you unless you notify us that you wish to move to another available Product within 30 days of receiving notification from us. If this happens during your Minimum Term, your Connexin Wireless Broadband Payment will not increase before the end of your Minimum Term (other than where we increase our standard Product prices under Conditions 6(b) or 6(c)).

    (d) If after your Connexin Wireless Broadband is activated, you are receiving a connection speed which is significantly below the speed estimate we gave you when you had your site survey and we are unable to resolve any technical issues you may be having on your connection you may select an alternative lower speed Product (if one is available to you). If you do this, we may charge you the difference between what you paid to activate your current Product and the amount you would have paid to activate the lower speed Product if you had signed up to it in the first place.

    Software

    (a) The use of any software provided by us (e.g. for Microsoft Internet Explorer) will be subject to the terms of any relevant end user licences or other agreements which are reasonably required by the owners of such software and that we have brought to your attention.

    (b) You acknowledge that it is your responsibility to obtain any upgrades to any software needed to maintain the full Connexin Wireless Broadband service when prompted to do so.

    What we are not liable for

    We will not be liable under this Contract to you, or any other person who you allow to use Connexin Broadband, for:

    (a) any fault in your Wireless Router, cabling or network equipment caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions, these Conditions or the Usage Policies;

    (b) any use made of Connexin Wireless Broadband, nor for any content which is accessed, sent or received using the service, nor for any charges incurred with any third party or for any transactions entered into through Connexin Wireless Broadband or Connexin Broadband Extras, unless caused by us;

    (c) use of your Wireless Router or network equipment to access any other internet service;

    (d) the act of suspending Connexin Wireless Broadband or ending this Contract in accordance with Condition 11;

    (e) any delay or failure by us to provide any element of Connexin Wireless Broadband where such delay or failure is caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;

    (f) any loss or damage caused by your use of Connexin Wireless Broadband, your Wireless Router, your network equipment, us, or any of our respective officers, employees, sub-contractors or agents in circumstances where:

    (i) there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees, sub-contractors or agents; or

    (ii) such loss or damage was not contemplated by both you and us at the time we entered into this Contract.

    (g) any loss or damage caused by Connexin Wireless Broadband, your Wireless Router, your network equipment, us, or any of our respective officers, employees, sub-contractors or agents to the extent that such loss or damage results from any breach by you of these Conditions and, in particular not limited to the Acceptable Use Policy, unless we or our respective officers, employees, sub-contractors or agents were also in breach of a legal obligation or duty of care owed by us or them and that breach was the most significant cause of the loss or damage;

    (h) any loss or damage caused by viruses or unauthorised use of, or attempts to access, Connexin Wireless Broadband or your computer;

    (i) any loss or corruption of data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue;

    (j) any failure of monitored safety, security or other alarm systems due to incompatibility with Connexin Wireless Broadband, or due to the restriction or ending of Connexin Wireless Broadband, or any other reason which is not due to our fault or neglect.

    (k) your use of any modem, wireless router or any other equipment that we have not supplied to you in order to access Connexin Wireless Broadband; and

    (l) any special, consequential or indirect losses.

    No company nor its officers, employees or agents who act as Connexin’s agent in providing any part of Connexin Wireless Broadband shall be liable to you or any other person who you allow to use Connexin Wireless Broadband.

    Nothing in this Contract will limit or exclude any liability we may have to you for death or personal injury as a result of our negligence or that of our employees; fraud or fraudulent misrepresentation; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability (for example we cannot exclude our liability to you if the Wireless Router we supply is not of satisfactory quality or fit for purpose or does not match the description).

    How we can change the Conditions 


    (a) We may change any Conditions for a reason stated in Condition 16(a) or 16(b). However, if you are materially disadvantaged by this you may end this Contract under Condition 11 (c)(i).

    (b) You will receive at least one calendar month’s notice in writing of any changes or additions to these Conditions.

    (c) By using your chosen Connexin services you are agreeing to the terms and conditions set out in this contract that relate to those services including any changes to them or the services in accordance with these terms and conditions.

    How long your Contract lasts

    (a) Your subscription for your chosen Product has a minimum term which starts on the Activation Date or any other date agreed between us (the “Minimum Term”). The length of the Minimum Term is as agreed when you ordered your Connexin Wireless Broadband Product. You will be in breach of this Contract if you end it during the Minimum Term (even if you give valid notice to switch to another broadband provider under Ofcom’s regulated switching process unless you or we have a right to do so under Condition 11 (b). After the Minimum Term, this Contract will continue until either you or we end it in a way set out in this Condition 11. During your Minimum Term, unless we agree otherwise, you cannot downgrade your chosen Product unless Condition 5(b)(ii) applies or you downgrade as allowed under our Usage Policies after you have been upgraded under that Policy.

    (b) You will have to pay us an early termination charge if we end this Contract during your Minimum Term under Condition 11(h) or you end this Contract before the end of the Minimum Term unless:

    (a) You have a right to end it under Condition 11(c) of this Contract; or

    (b) You are exercising your statutory right to cancel in your cooling off period (as set out in the notice below);

    The early termination charge will not be more than the charges you would have paid for your chosen Product for the remainder of the Minimum Term less any costs we save, including the cost of no longer providing you with Connexin Wireless Broadband. Unless you tell us otherwise, we may charge your early termination charge directly to any of the credit or debit cards which you have provided us with details of (e.g. when you paid for your installation). We will give you reasonable notice before making any charge.

    (c) You can end this Contract without incurring early termination charges during your Minimum Term if:

    (i) Conditions 11(b)(a) – (c) or 11(e) apply;

    (ii) we increase your Connexin Wireless Broadband Payment, unless such increase arises under Condition 6(c); or

    (iii) Condition 5(b)(ii) applies (you are moving home and the Product you are subscribing to is not available at your new Address).

    (d) To end this Contract under Condition 11(c), you must give us a Thirty days’ notice in writing.

    (e) You may also end this Contract by giving us Thirty days’ notice in writing at any time (including during your Minimum Term without incurring early termination charges) if we break any of the Conditions.

    (f) If you want to end this Contract by switching to another broadband provider (whether during your Minimum Term or after it) you need to give us Thirty days’ notice in writing.

    (a) If you are switching to another broadband provider, your Connexin Wireless Broadband service will end once we have collected the Wireless Network equipment on your property and this Contract will end at the same time.

    (b) If we do not receive the Wireless Network equipment on your property then you will continue to be charged for Connexin Wireless Broadband until the equipment is return or paid for.

    (g) If you want to end this Contract at the end of or after your Minimum Term for any other reason and you are not switching to another broadband provider then you must give us at least Thirty working days’ notice. Your Connexin Wireless Broadband service and this Contract will end once this notice period expires and the Wireless Network equipment on your property has been collected.

    (h) We can immediately suspend the provision of Connexin Wireless Broadband and/or end this Contract by giving you notice in writing at any time (including during your Minimum Term) if:

    (i) you have missed any payments that you owe us or break any of the Conditions, although for non-serious breaches we may first give you an opportunity to put things right which you will need to do within the 3 days’ notice. For serious breaches (for example if you break Condition 2(a) or our Acceptable Use Policy) we may exercise this right immediately without notice;

    (ii) you, anyone you authorise to deal with us on your behalf, or any of your additional users act in a way towards our staff or agents which we reasonably consider to be inappropriate and sufficiently serious to justify restricting or ending Connexin Wireless Broadband and/or this Contract; or

    (iii) if we have reasonable grounds to suspect fraud or any other unauthorised activity.

    We will not refund any Connexin Wireless Broadband Payments or other payments made under this Contract if we end this Contract under this Condition 11(h).

    (i) Except where Condition 11(h) applies, we will not end this Contract during the Minimum Term. We may end this Contract at the end of or after your Minimum Term by giving you 7 working days’ notice at any time.

    (j) If you have taken a static IP address and your Connexin Wireless Broadband is disconnected, suspended or terminated for any reason, we may reassign your IP address to Connexin or another Connexin customer. Your old static IP address will not be available to you again if your service is reactivated or you subsequently return to Connexin Wireless Broadband.

    How to cancel: Any cancellation after the Minimum Term must be in accordance with this notice. You can cancel your Contract by:

    (i) By emailing support@connexin.co.uk, stating your full name, account number, address and postcode.

    Please note that your Contract will continue and you will be liable for the monthly subscription until a formal cancellation notice is received in writing.

    How this Contract can be transferred and third parties

    (a) We can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way.

    (b) This Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else, and no third party is entitled to benefit under this Contract except pursuant to Condition 12(a).

    Notices

    (a) Where we are required under this Contract to give you any notice in writing, we can give you this notice by text message, through your online account,  letter or by email. We will send notices using any of the contact details you have given us for this purpose (including, unless you tell us otherwise, to your primary email address). If we send you any notice by post with any other document, the notice will be on a separate sheet of paper and will be clearly marked.

    (b) You must provide us with accurate, true and correct contact details. You must keep this information up-to-date and check your email account regularly.

    (c) Unless otherwise stated, if you give us any notice that is required under this Contract (other than to end your Contract) it should be in writing by email to support@connexin.co.uk or such other email address we notify to you for this purpose. Any notice you give us to end this Contract where you have a right to do so (other than where you are exercising your right to cancel during your cooling-off period for which see ‘Your Rights to Cancel Your Order’ section below) must be given in writing. Notice given by these means will not be effective until we have spoken to you and verified your account. We will acknowledge written requests by return email and will contact you by phone to verify you as the account holder and process your cancellation.

    Disputes

    We are committed to providing you with the best possible products and services, but in the unfortunate circumstance that you have a complaint please get in touch with us straight away in writing:

    · By email – please raise a complaint ticket by emailing support@connexin.co.uk outlining your complaint in full.

    · By phone – call us on 01482 363738. You will be advised to email to support@connexin.co.uk outlining your complaint in full. If you are unable to send us an email, we will offer to help you raise a ticket internally on your behalf.

    · By post, write to: 
Customer Complaints, Connexin Limited, 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN.

    If we are unable to resolve your matter to your satisfaction within 12 weeks, a deadlock letter will be issued. You may then seek alternative dispute resolution services such as the Ombudsman Services. The ombudsman’s role is to resolve complaints. The service is free to use and is independent. It has the authority to resolve complaints by requiring; an apology; an explanation of what went wrong; a practical action to be taken to correct the problem; and, a financial award. If you accept the ombudsman’s decision it is binding on us and we must put in place any remedy that is required. You can decline the decision if you want to and you will not be held to it or charged. You can find out more information on their website: www.ombudsman-services.org.

    Law and Geographical Limits

    This Contract is governed by English Law. Any disputes can be dealt with by any UK court that can lawfully deal with the case.

    Reasons for changes

    (a) We may make changes in accordance with the other Conditions of this Contract for any of the following reasons:

    (i) Connexin Wireless Broadband is sold as a variable service with variable prices (this means our Products may be changed, altered, improved or added to at Connexin’s discretion). For example, we can vary the maximum speeds or capacity of your chosen Product. This ensures that we respond to customer needs and remain competitive;

    (ii) We intend to change the way we structure our products and services;

    (iii) We are introducing new products, services or features;

    (iv) The cost to Connexin of providing Connexin Wireless Broadband increases (for example, we have to pay third parties more for use of their infrastructure, or launching other new and improved customer products and services);

    (v) Other costs associated with running Connexin’s business increase (for example, we invest in improving customer support);

    (vi) We change the way we provide products and services to you (for example, we develop new infrastructure or technology to provide you with a better broadband experience);

    (vii) To help improve the security and operation of our technical infrastructure (for example, to prevent misuse of the Connexin Network);

    (viii) We reorganise the way we structure or run our business;

    (ix) Valid legal or regulatory reasons; or

    (x) We change the Conditions to make them clearer or easier to understand, to reflect changes in law or to update our contracts from time to time so all our customers are on the same Conditions.

    (b) We provide Connexin Wireless Broadband on an ongoing basis and we cannot foresee what may change in the future. This means that we may need to make changes in accordance with the other Conditions of this Contract for reasons other than those set out in Condition 16(a) above.

    NOTICE OF YOUR STATUTORY RIGHT TO CANCEL IN YOUR COOLING OFF PERIOD

    Please refer to your Contract for information about when and how you can end your Contract once your cooling off period has ended. Cancellation period: You have the right to cancel your order for Connexin Wireless Broadband without giving any reason any time up to 14 days (“cooling off period”) from activation of the product/service.

    Connexin may offer an enhanced cooling off period from time to time which we will advise you of at the time of your purchase in writing.

    If you take Connexin Wireless Broadband and pay for an engineer appointment, a separate cancellation policy applies to installation services which is contained in the Connexin Wireless Broadband Installation Terms and Conditions (set out at the end of this Contract).

    How to cancel: Any cancellation within this timeframe must be in accordance with this notice. You can cancel your Connexin order by:

    (i) Emailing support@connexin.co.uk.

    You must give your name, customer account number, address, post code, telephone number and, where available, your e-mail address in order to cancel your order.

    Effects of cancellation: If you cancel a contract during your cooling off period we will refund to you all payments received from you, excluding any engineering charges or the costs of delivery of any equipment you ordered e.g. your Wireless Router (“Equipment”), but if you requested a service to begin during the cooling off period, you must pay us an amount which is proportionate to the service provided up to the point you cancelled your order. You will not receive a refund for any one-off fees for activation or set up services if you cancel a service after activation. If you cancel Equipment we will automatically cancel any related subscription unless you tell us otherwise.

    Return of Equipment: The wireless network equipment installed on your property remains the property of Connexin. If you cancel a contract you are responsible for arranging the return of and returning the equipment provided under that contract without undue delay. You are responsible for the costs of returning the equipment you have ordered and Connexin may charge you our direct returns costs. Connexin can offset any returns costs against any money that it owes to you for any reason. You must keep any equipment that has been delivered to you or installed on your property safe until it is returned. We may make a deduction for any loss in value as a result of unnecessary handling by you. We may charge you for any equipment which is not returned to Connexin.

    Discounts: If you have received any discounted equipment and/or set-up services, and during your cooling off period you cancel any conditional contract but wish to keep your equipment, you will no longer be eligible for that discount and will be required to pay Connexin the difference between the discounted price and the full standard price for the equipment and/or set-up services.

    Refunds: We will make any refund due to you (less any deductions due to us) without undue delay and not later than the earliest of 30 days after the day we either receive the Equipment back from you. We will make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise.

    These cancellation rights do not affect your legal rights. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk/.

    CONNEXIN WIRELESS BROADBAND INSTALLATION TERMS AND CONDITIONS

    These are the terms and conditions under which Connexin will, upon request from you arrange for the installation of network equipment to enable you to use the Connexin Wireless Broadband service at your Address (“Contract”). You can call us in relation to this Contract on our contact number(s) as shown on our website at home.connnexin.co.uk.

    In this Contract “Address”, “Connexin” and “Wireless Router” have the same meanings as given for those terms in the Connexin Wireless Broadband subscription contract.

    Installation Services

    (a) When you take Connexin Wireless Broadband you require an engineer to install your wireless broadband service and/or Wireless Router for you and connect one device to the Connexin Wireless Broadband service (“Managed Installation”). If you choose Managed Installation, you will be responsible for connecting any additional online equipment you may have.

    (b) We will confirm the indicative charges (if any) for your installation when you order. This initial charge may vary due to factors beyond our control such as but not limited to the size, shape and structure of the property where the installation is taking place. Our engineer will confirm the final Installation charges with you on the day of the site visit before proceeding with the installation.

    (c) The installation of network equipment may require the consent of someone else (for example your landlord). You are responsible for ensuring that all necessary consents have been obtained before we install your network equipment.

    (d) Connexin will not install Connexin Wireless broadband services where extensive construction over and above standard needs is required. If the engineer determines that the installation is not standard and is unable to proceed, we will proceed with the installation subject to you accepting and paying the additional charges or cancel your order and refund any monies you have paid in full.

    (e) We will organise a day for installation which is convenient for both of us and we will contact you confirming the date of your engineer appointment. Details of the arrangements you need to make for an engineer visit will be explained to you.

    (f) All Network equipment installed as part of the installation on or near your property (such as the wireless equipment installed on your property) remain the property of Connexin Limited at all times.

    Installation Offers

    If you pay nothing or a reduced price compared to our standard price for your installation, we can charge you the difference between the lower price you have paid (if any) and our then standard price for installation if your Connexin Wireless Broadband subscription contract ends during the Minimum Term (other than where we withdraw Connexin Wireless Broadband or you end your Connexin Wireless Broadband subscription contract and have the right to do so).

    Installation Booking Cancellation

    (a) You have the right to cancel your installation booking for Connexin Wireless Broadband and Managed Installation (or just your Managed Installation) without giving any reason any time up to two working days before the date of the booked installation.

    Connexin may offer an enhanced Installation cancellation period from time to time which we will advise you of at the time of your purchase.

    (b) How to cancel: Any installation cancellations with in this timeframe must be in accordance with this notice. You can cancel your Connexin Wireless installation booking by:

    (i) Calling us on 01482 363738;

    (ii) By emailing support@connexin.co.uk; or

    (iii) By contacting your account manager.

    You must give your name, customer account number, address, post code, telephone number and, where available, your e-mail address in order to cancel your order. If you cancel in writing we will send you an acknowledgement of receipt by e-mail.

    Effects of cancellation: If you cancel a contract up to two working days before the date of the booked installation we will refund to you all payments received from you, excluding any charges for works already performed or the costs of delivery of any equipment you ordered e.g. your Wireless Router (“Equipment”). If you requested a service to begin during the cooling off period, you must pay us an amount which is proportionate to the service provided up to the point you cancelled your order. You will not receive a refund for any one-off fees for activation or set up services if you cancel a service after activation. If you cancel Equipment we may automatically cancel any related subscription unless you tell us otherwise. If you cancel the engineer booking not giving at least two working days notice or are not present for when the engineer arrives for any reason we will charge you an engineer visit charge as explained to you when you make your booking and as detailed on our website.

    Return of Equipment: If you cancel a contract you are responsible for arranging the return of and returning the equipment provided under that contract without undue delay. You are responsible for the costs of returning the equipment you have ordered and Connexin may charge you our direct returns costs. Connexin can offset any returns costs against any money that it owes to you for any reason. You must keep any equipment that has been delivered to you or installed on your property safe until it is returned. We may make a deduction for any loss in value as a result of unnecessary handling by you. We may charge you for any equipment which is not returned to Connexin.

    Discounts: If you have received any discounted equipment and/or set-up services, and during your cooling off period you cancel any conditional contract but wish to keep your equipment, you will no longer be eligible for that discount and will be required to pay Connexin the difference between the discounted price and the full standard price for the equipment and/or set-up services.

    Refunds: We will make any refund due to you (less any deductions due to us) without undue delay and not later than the earliest of 30 days after the day we either receive the Equipment back from you. We will make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise.

    These cancellation rights do not affect your legal rights. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.

    USAGE POLICIES

    Any terms in capitals not defined in these Usage Policies will have the same meaning as in your Contract. These Usage Policies apply to you and anybody you allow to use Connexin Wireless Broadband. Any reference to “you” shall be interpreted to mean you and anybody you allow to use Connexin Wireless Broadband. You are responsible for the use of Connexin Wireless Broadband by any person you allow to use it including anyone who accesses Connexin Wireless Broadband because you have removed the wireless encryption security on your wireless router.

    How we update our Usage Policies

    The way our customers use Connexin Wireless Broadband is changing all the time so we may need to change our Usage Policies to adapt to our customer’s needs. Our latest Usage Policies will always be posted on our website at www.connexin.co.uk so please keep checking for updates.

    USAGE CAPS

    Broadband

    If you subscribe to a Product that has a cap on the amount of data that you download or upload via your Connexin Wireless Broadband internet access each month (“Usage Cap”), your usage must not go over that Usage Cap each month. For the current Usage Caps on each Product, please contact us or, if you have access on the online Connexin portal you can it there too.

    If you go over your Usage Cap, we will suspend your Connexin Wireless Broadband. You can reactive service by purchasing additional data or upgrading your Product to one with a higher Usage Cap.

    If you go over your Usage Cap more than once in any six-month period, then we may:

    (a) upgrade you to a Product with a higher Usage Cap. Once you have been upgraded, you may downgrade without charge to your original Product if you reduce your monthly usage to below the Usage Cap for your original Product in any subsequent month; or

    (b) charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Usage Cap;

    If we do either of these things, we will let you know in writing. In this notice we will also explain the consequences of you going over your Usage Cap, for example, the increased subscription or other charges you incur.

    To ensure you get your email alerts you should make sure we have an email address that is up-to-date and that you check for emails regularly. If we receive a failed delivery notice after sending an alert we will not send your alert by post.

    We may at our discretion delay the application of the above process without notice.

    CONNEXIN WIRELESS BROADBAND NETWORK MANAGEMENT POLICY

    Connexin Wireless Broadband is subject to a Network Management (or Fair Usage) Policy. The purpose of the Policy is to ensure that we are providing a fair and sustainable quality broadband service to all our Connexin Wireless Broadband customers. Under the Policy, available bandwidth is shared amongst all our Connexin Wireless Broadband customers who are online at the same time.

    This means that speeds may be slower at peak times when more Connexin Wireless Broadband customers are online, compared to at other times when fewer people are online, in particular for customers using applications that require a lot of bandwidth (such as downloading films (particularly in HD) and other large files, or streaming services like BBC iPlayer, YouTube or Netflix). Our network is busiest between 5pm and midnight on weekdays and all day at the weekend, but can be busy at other times too, depending on regional, national and international demand.

    Please note that this Network Management Policy only applies to Connexin Wireless Broadband.

    ACCEPTABLE USE POLICY

    Irrespective of which Product you have subscribed to, our Acceptable Use Policy (“AUP”) will apply to you and those who you allow to use Connexin Wireless Broadband.

    If you have any queries about our AUP, you can contact us by emailing support@connexin.co.uk.

    Don’t use Connexin Wireless Broadband illegally!

    Connexin Wireless Broadband and Connexin’s networks may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in the United Kingdom (“Laws”).

    You may not use Connexin Broadband and/or the Connexin’s networks to send, receive, store, distribute, transmit, post, upload or download any materials or data which:

    (a) violates any Law;

    (b) is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;

    (c) is or may be harmful to minors;

    (d) promotes or encourages illegal or socially unacceptable or irresponsible behaviour;

    (e) is in breach of any third party rights (including any third party intellectual property rights);

    (f) has any fraudulent purpose or effect or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication; or

    (g) damages or may damage our name and/or reputation or the name and/or reputation of our sub-contractors or agents.

    We have put technical measures in place to prevent you from accessing certain websites that contain illegal images of child abuse that are identified from time to time by the Internet Watch Foundation (“IWF”). Although these filters are comprehensive, they do not provide an absolute guarantee that you will be unable to view such illegal images on the internet. In addition, these measures do not filter other content which you may find distasteful, such as “adult” material. On this basis, we recommend that you consider installing additional software on your computer to prevent access to inappropriate websites or content on the internet. 
For further information regarding the IWF, please visit their website at www.iwf.org.uk. 
Do not violate anyone’s systems or network security 
You must not use Connexin Wireless Broadband to violate Connexin’s networks’ security or any third party’s system or network security by any method including:

    (a) unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;

    (b) unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or

    (c) unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network. 
You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate Connexin’s Network’s security or any third party’s system or network security. Examples of such prohibited material may include (but are not limited to):

    (d) programs containing viruses, worms, corrupted files, hoaxes, Trojan horses or any other items of a destructive or deceptive nature;

    (e) tools designed to compromise the security of other sites;

    (f) programs or services designed to send or facilitate the sending of unsolicited advertisements; or

    (g) programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another internet services provider.

    You must not connect Connexin’s networks to insecure machines, equipment or services able to be exploited by others to carry out actions which constitute a breach of this AUP. If you do, you must disconnect it immediately, or allow us to disconnect it for you at your expense.

    You must not adapt, modify, decompile or reverse engineer any part of Connexin Broadband.

    You are responsible for all materials and/or data originating from the machines and/or networks that you have connected to Connexin’s networks. You must immediately disconnect (and subsequently secure prior to reconnection) machines generating materials and/or data which contravene this AUP once notified of such activity by Connexin.

    Privacy

    We will respect any business and personal information provided by you and undertake to comply with all data protection legislation currently in force. Any personal information provided by you shall be subject to our Privacy Policy. We shall not disclose your registration details to any third party without your permission unless in accordance with the terms of the Privacy Policy.

    Messages

    You must not send Messages to anyone who does not wish to receive them. We acknowledge that email and instant messaging are informal methods of communication however you must refrain from sending Messages to another user after receiving a request to stop.

    You must not send unsolicited bulk Messages or any other form of abusive electronic communication.
In particular, unsolicited advertising mailings (whether commercial or informational) are strictly prohibited.

    You must not operate, host, provide hosting facilities to or assist in any way any web site, email address, or any other online service which is advertised or promoted by means of unsolicited bulk Messages (whether commercial or informational), any mass messaging facility or any other form of abusive electronic communication.

    You must not send, distribute, or reply to mail-bombs. Mail-bombing is either sending copies of a single message to many users, or sending large or multiple files or messages to a single user with the intention of disrupting their internet experience.

    You must not use false Message headers or alter the headers of Messages to conceal their email address or to prevent internet users from responding to messages. You must not use any email address that you are not authorised to use.

    You must not suggest or imply that any Message you send is from, authorised or endorsed by, any Connexin company or relates to any Connexin business.

    We may scan your incoming Messages for viruses and remove any Messages from Connexin’s networks which contain viruses. Although these filters are comprehensive, they do not provide an absolute guarantee that you will not receive viruses via Messages and you are advised to install appropriate anti-virus software on your computer.

    We may scan your incoming Messages for spam and move any suspected spam to a separate folder in your email account where you can inspect it to ensure that non-spam Messages hasn’t been inadvertently identified as spam. Items of suspected spam may be deleted after 30 days.

    World Wide Web and surfing the net

    You will be solely responsible for your use of the internet and any web pages owned and/or operated by you that you connect to Connxin’s networks using Connexin Wireless Broadband. You must not use world wide web pages within or outside Connexin’s networks to violate any part of this AUP or to disrupt or attempt to disrupt another internet user’s internet experience.

    How do you make a complaint?

    If you wish to notify us of a breach of this AUP, or if you wish to make a complaint regarding content, data or material that has been stored and/or accessed via Connexin networks or Connexin Wireless Broadband, please email us at support@connexin.co.uk.

    The actions we can take

    Firstly, you should be aware that we will block any electronic communication that we reasonably consider to have breached this AUP.

    Secondly, if you have breached this AUP, or we or a third party, reasonably suspect that you may have breached this AUP we will notify you by email (provided that this notification does not prejudice any investigation) and we may also:

    (a) immediately suspend your access to Connexin Wireless Broadband until such time as we are satisfied the breach has stopped;

    (b) immediately end your Connexin Wireless Broadband Contract;

    (c) notify and/or pass on the details of the breach of the AUP to any relevant government, statutory, self-regulatory or law enforcement authority;

    (d) investigate the alleged breach of the AUP, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on Connexin’s networks or our servers or

    (e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on Connexin’s networks and/or our servers.

    Connexin will use your personal data and other account information in connection with any investigation carried out by Connexin in accordance with this AUP, including by disclosing it to any third party authority that Connexin considers has a legitimate interest in any such investigation or its outcome.

    Connexin Company Details

    Connexin Limited is registered in England (No. 05823408). Registered office: 107 Cheapside, London EC2V 6DN.

    General terms and conditions for Unlimited Download Allowance Add-ons

    (a) Connexin Wireless Broadband customers now have the option of adding Unlimited Download Allowance Add-ons to their Connexin Wireless Broadband Package(s).

    (b) The current types, amounts and prices of Download Allowance Add-ons are set out on our website. Our website will be updated as soon as Add-ons are changed or new Add-ons become available.

    (c) You can signup for an Add-on online at our website www.connexin.co.uk, by calling our customer services team or by contacting your account manager.

    (d) Each Add-on will activate within forty-eight hours of your opt-in date and runs for a year (‘Renewal Date’).

    (e) Annual Download Allowance Add-ons that are paid upfront for the full year are non refundable once activated.

    (f) You can have a maximum of one Unlimited Download Allowance Add-on per active wireless broadband connection.

    (g) Payment will be taken on your opt-in date, and your Renewal Date unless cancelled as per clause 10.

    (h) Your Unlimited Download Allowance Add-on will automatically renew each month, or each year depending on your contract term, until:

    · you opt-out of the Add-on; or

    · you fail to make a payment for the Add-on

    · Any unused allowance will not be carried forward or rolled over into your next month’s Add-on. No refunds are payable

    (j) To cancel your Add-on, please contact us by emailing support@connexin.co.ukor by calling us. You need to contact us at least 48 hours before your monthly or Annual Renewal Date, otherwise the cost of the Add-on will automatically be charged with the cost of the next month’s or next years Add-on charges and cancellation will take effect from the next Renewal Date (you will still get the service you have paid for and be able to use it until your allowance is used up or until the next Renewal Date but we will not refund any payment that you have made).

    (k) Unlimited Download Allowance Add-ons are not available to any customers who are on an existing unlimited broadband package.

    (l) We reserve the right to replace, amend or withdraw at any time: any of the Add-ons (in whole or in part); the charges for the Add-ons; or these terms, on reasonable notice. Notices will be given on the Connexin website and we will give you 30 days notice by email if we make any significant changes to your disadvantage. If you continue to use the Add-ons after the date on which the change comes into effect, your use of the Add-on(s) indicates that you have agreed to the changed terms.

    (m) If the Distance Selling Regulations apply, once you start using your Add-on(s), you will not be able to cancel the purchase until the following Renewal Date. Your statutory rights are not affected.

    (n) The Connexin Wireless Broadband service terms and conditions also apply.

  • Hosted Phone System

    1. The Service

    1.1 We will supply you with the services in accordance with our terms and conditions and the accompanying signed Sales Order Form and fully completed customer requirement form, the combination of which will form a service contract between the parties.

    1.2 All details specified on the proposal document, sales order form and customer requirements form (CRF) are based on information supplied by you and/or collected during a site survey (remote or onsite) and may be subject to amendment in accordance with Clauses 1.4 to 1.6 below.

    1.3 We and/or our subcontractors may conduct surveys to clarify whether the Service, Equipment, Installation Fee or Service Fee require amending.

    1.4 Where we determine that amendments are required, we will submit to you a replacement proposal document and sales order form reflecting any such changes. If the replacement sales order form is agreed by you in writing or by email, the replacement sales order form will immediately supersede the original sales order form (which will be immediately cancelled). If you do not agree the replacement sales order form, both the original sales order form and replacement sales order form will be cancelled by us 14 days after notification of such amendments.

    1.5 Following the completion of the surveys and, if required, the signing of the replacement sales order form, we will confirm to you when the delivery and service will commence.

    1.6 We will use reasonable endeavours to meet any agreed times or dates, but time is not of the essence in respect of those times or dates and you acknowledge that all timeframes are estimates only and that service levels are target service levels only. Please see the Connexin Customer Handbook for more information.

    1.7 Throughout the delivery process, we will need to communicate with named member(s) of your staff to arrange access to your premises (if a site visit is required). Any delays to these requests by you will delay Service Commencement Date and we will not be liable for any such delay.

    1.8 To enable us to provide the installation service, you will:

    1.8.1 prepare the sites and your networks in accordance with our instructions. You are responsible, at your own cost, for the power supply (if power supply units have not been purchased) and arranging alternative power supplies if any temporary supply fails. Installation engineers may refuse to install equipment if they perceive a hazard or risk,

    1.8.2 provide us with full access to your sites and networks and make available such office and technology facilities as may be necessary for us to provide the Service,

    1.8.3 provide a suitable operating environment for the equipment in accordance with the manufacturer’s operating instructions,

    1.8.4 promptly furnish us with such information and documents as we may reasonably require for the proper performance of the Services,

    1.8.5 obtain all third party consents, licences and rights reasonably required in order to allow us or our subcontractor to provide the Service and be responsible for complying with any applicable laws, statutes, regulations and codes of practice, in relation to the Services,

    1.8.6 put in place adequate security and virus checking procedures in relation to any computer facilities to which you provide us with access, and

    1.8.7 take necessary steps to manage your network and internal infrastructure to prevent conflicts with the HPS service that may result in fault or failure of the HPS service.

    1.8.8 Any failure to do any of the things detailed in this clause 1.8 may result in the need to reschedule your installation and you may incur aborted visit charges and new appointment times and charges which will be subject to new lead times. Any failure to do any of the things detailed in this clause 1.8 which results in configuration issues on the Equipment may result in you being charged for any reconfiguration work or for replacement Equipment.

    1.8.9 All Equipment provided by us will remain our property. Where Equipment is provided as part of a monthly Service Fee or is not paid for in full we reserve the right to request return of the Equipment at your cost. You agree to return such equipment to us on termination of your contract for any reason

    1.8.10 We reserve the right not to provide the Service to any Site and to withdraw our provisional acceptance of an order for reasons including, but not limited to:

    · the distance between a Site and our point of presence or its underlying service provider,
    · if a site survey finds that a site is not suitable for the provision of the Service,
    · if you do not agree to pay any excess construction charges or any other charges reasonably levied by us in addition to the charges initially proposed.

    1.11 We or our nominated subcontractor will install the Service and will perform a series of commissioning tests to ensure that the configured Service is functioning correctly. On successful conclusion of the tests the Service will be deemed to be ready for use and we shall be entitled to invoice you for such Service from this date.

    1.12 Provision of the Service may be subject to the completion of a satisfactory site survey(s) by us or our subcontractor. You acknowledge that it will be necessary for us or our subcontractor to visit the installation Site or Sites to conduct such survey(s) and for the purposes of installation.

    1.13 Where an appointment is made for us or our subcontractor to visit your Site, including for the purposes of a site survey or for installation and the visit cannot be successfully completed due to:

    · the inability of us or our subcontractor, through no fault of our / their own, to complete the work.
    · the inability of us or our subcontractor to gain access to the site or sites or any part thereof which is necessary for the work,
    · the appointment is broken by you,
    · your failure to prepare the site in accordance with 1.8 or any other preparatory instructions we may have given you, or·
    · any other reason where we or our subcontractor are not at fault, we will charge you with our standard aborted visit charge which may be applicable at the time. Rescheduled appointments following an aborted visit will be subject to new lead-times and will be confirmed to you at the time.

    1.14 Unless otherwise agreed in writing between the parties you must agree an appointment for installation at a Site within 14 days of notification by us of our preferred installation date. In the event that you do not agree such an appointment, the appointment will be deemed to have been fixed for our preferred installation date unless a revised Required Date is subsequently agreed.

    1.15 If your HPS Service includes our Ethernet or Wireless access then, unless you have ordered an installation of the router, it is your responsibility to install the router at the Site or Sites where this is required and neither we nor our subcontractor shall bear any liability for any delay your failure to install may cause.

    1.16 We will maintain your Service to the Service Demarcation Point.

    1.17 Where we agree you may use/supply your own router for any part of the Service then you agree that all responsibility and liability for such equipment remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by equipment not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own router(s) will affect the Demarcation Point of the Service.

    1.18 We do not issue any IP address to be used with this Service. Access to and use of this address is controlled by the internet authorities and its use is subject to any rules which they may prescribe. We reserve the right to withdraw or change this address if for any reason the address ceases to be available.

    1.19 We will provide you with an online portal through which the Service can be controlled online. We shall use reasonable endeavours to maintain (but do not guarantee) access to such portal 24 hours in every day on every day of the year and we shall not be liable for any losses caused by any restrictions in such access.

    1.20 The Service supports 999/112 public emergency call services and such calls will be routed to the national emergency call handling agents. However, these services do not operate in the same way as PSTN fixed line 999/112 public emergency call services and connection to such services may not be possible in the event of a service outage caused by loss of connectivity to the internet for whatever reason. In such circumstances, you should use a separate line to make the emergency call. Furthermore, it may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.

    1.21 Where we agree that you may use your existing or other new access circuits (including but not limited to broadband, Ethernet, leased line etc) not provided by us then it is your responsibility to ensure such access meets the necessary requirements and functionality as defined in the non-Connexin access Customer responsibilities document, a copy of which is available on request. Your failure to meet such requirements and functionality may result in quality and set up issues or may mean the HPS Service will not work. Where we do not provide the access, you agree that all responsibility and liability for such access remains with you. Should we or our subcontractor visit your Site due to a fault which is later found to be caused by access not provided by us then we will charge you for such site visit and any additional costs incurred as a direct result. Use of your own access will affect the Demarcation Point of the Service.

    1.22 Where we agree that you may use a third party to install the Service then you agree to indemnify us from any direct or indirect claims or losses, financial or otherwise, that you may incur as a result of such installation by a third party. Use of a third party installer will affect the Demarcation Point of the Service.

    1.23 At the end of each Working Day, if requested by us, you agree to sign off for the work carried out that day by us or our subcontractor. In the absence of an authorised representative then you agree that our sign off shall have equivalent effect as if you had signed it off. Such sign off shall not constitute full Acceptance as defined in Clause 2.

    1.24 Where we provide you with any of the user based features (including but not limited to auto attendant, hunt group, call park, call pickup, call queue etc) and you have not allocated these features to a user then we reserve the right to recover such unallocated features from your account. You can replace these features or add additional features at any time.

    1.25 HPS Connect

    1.25.1 The HPS Connect bolt on is available to users who have both a HPS user licence and a Connexin Mobile connection.

    1.25.2 Any call recording feature may record personal calls made by your employees or anyone else who may use your Service to make or receive calls. You accept that it is your responsibility to ensure any such users are aware of this and you agree to indemnify us from any claims which may be a direct or indirect consequence of such call recordings being made.

    1.25.3 HPS Connect users will receive an inclusive call allowance for outbound calls to UK 01,02,03 numbers and some UK 07 mobile numbers whether the calls are made from their HPS phone or from their mobile phone. It is your responsibility to ensure you have adequate mobile allowances and/or bolt ons to cover any mobile usage which is outside the scope of HPS Connect (including but not limited to data usage, SMS usage and all roaming usage).

    1.25.4 All features of the HPS Connect Service are available to users when roaming overseas, however, the HPS Connect service is not guaranteed on some networks in a few countries where normal mobile voice, text and data services will continue to be available.

    2. Acceptance

    2.1 We will notify you when the Installation Service has been completed. You will inspect and test the Service for the purpose of Acceptance (“Acceptance Testing”). During Acceptance Testing, you may notify us by email, telephone or fax of any material non-conformity of the Service.

    2.3 To the extent that such non-conformities will have, in our opinion, a material detrimental effect on the Service, we will use our reasonable endeavours to remedy such non-conformities.

    2.4 Acceptance shall be on an individual site by site basis and shall take place on the earlier of:

    · your written confirmation to us or our subcontractor that the Acceptance Testing has been completed,
    · where you have not notified us under Clause 2.2, five (5) Working Days from the date of our notification to you that the Installation Service has been completed, or
    · where you have notified us under Clause 2.2 of material non-conformities, five (5) Working Days from the date on which the notified non-conformities were remedied, or immediately upon our demonstration that the notified non-conformities will not, in our opinion, have a detrimental effect on the Service.

    2.5 Any additional time incurred by us remedying non- conformities notified by you under Clause 2.2 above shall, at our sole discretion, be reflected in corresponding extensions to the affected timescales in the project plan (if any). Any additional time incurred by us investigating any notified non-conformities which later are found not to exist, will be charged to you as a professional service on a time and materials basis in accordance with our then current standard rates.

    3. Your Obligations

    3.1 You will be responsible for procuring any third party consents that may be required by us (and/or our subcontractors) to provide the Installation Service and/or the Service, including, for example, landlord consents, wayleave consents and access consents. You will be responsible for the costs of procuring any such third party consents.

    3.2 You will be responsible for providing named contacts (and any replacement contact(s)) and ensuring that they have the appropriate level of authority to make decisions relating to the Installation Service and the Service.

    3.3 Where any part of the Service is a professional service to be provided at a Site, you will ensure that our staff and contractors have a safe place to work, and you will notify us (and our contractors where applicable) of any health and safety rules which apply to that Site. We will use our reasonable endeavours to ensure that our staff and contractors comply with such rules when working on your premises.

    3.4 You will:

    · perform all your obligations under the Contract,
    · follow our reasonable instructions,
    · provide us with up-to-date information, cooperation, support, and access, at your cost, to enable us to perform our obligations under the Contract,
    · provide us with office, information technology, and telecommunications facilities (including full remote access), at your cost, to enable us to perform our obligations under the Contract,
    · supply on an ongoing basis, at your cost, all space, power supply access points, cables, trunking, electricity, air conditioning and any other facility as may be defined following the site survey required to receive the Installation Service and the Service, and
    · keep full and up-to-date secure backup copies of the data on the Network in accordance with good industry practice, and
    · comply with and maintain compliance with all such laws and regulations that relate to their provision of telecommunications and other products or services supplied by us.

    3.5 You will not allow any unauthorised user or any third party to access or use the Equipment and/or the Service and shall take all reasonable security precautions to avoid such unauthorised access or use, and / or add to, modify, or interfere with in any way, the Equipment and / or the Service.

    3.6 The Services permits you to upload music files for the music on hold feature. You agree to obtain any necessary licenses and consents as may be required and agree to indemnify us from any direct or indirect claims where you fail to do so.

    4. Your Use of the Service

    4.1 You will not use the Service in any way that would constitute or contribute to the commission of a crime, tort, fraud, or other unlawful activity (including activities deemed unlawful under a complainant’s legal jurisdiction) (“Laws”). You will indemnify, and keep us fully indemnified, against all costs, claims, demands, expenses, and liabilities arising out of, or in connection with, any claim that the Service (or its use) infringes any Laws.

    4.2 You warrant that any material and/or communication received, transmitted, hosted, or otherwise processed using the Service will not be menacing, of a junk mail or spam like nature, illegal, obscene, threatening, defamatory, discriminatory, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, regulations, or laws to which the Service is subject, and will not infringe the intellectual property rights of Connexin Limited or any third party. You will indemnify and keep us fully indemnified against all costs, claims, demands, expenses and liabilities arising out of or in connection with any breach or reasonably suspected breach of this Clause 4.2.

    4.3 You agree that:

    · all Equipment will be housed in accordance with our or our subcontractors’ instructions,
    · Equipment shall be kept at your premises and stationary at all times,
    · you will not add, modify, relocate, reconfigure or in any way interfere with the Equipment,
    · you will not cause the Equipment to be removed, repaired, serviced or otherwise attended to except by our authorised representative,
    · you will not remove, tamper with or obliterate any words or labels from the Equipment of any parts thereof,
    · you will not use the Equipment except in accordance with such written instructions as may be notified by us or our subcontractor from time to time,
    · you will not use any Equipment not approved in writing by us,
    · you are responsible for maintaining all in life changes by using the online portal. You agree to pay our standard charges applicable at the time where you request us to make changes on your behalf.

    5. Equipment

    5.1 Replacement of faulty Equipment is dependent upon the warranty offered by the relevant manufacturer. If an additional engineer visit is required, then this will be chargeable to you and will be arranged within usual working hours. We will provide assistance to you in dealing with manufacturers but we will accept no liability in respect of any defect or breakdown of Equipment or any losses, financial or otherwise, as a direct result of such defect or breakdown.

    5.2 Save as expressly provided by this Clause 5 we do not give any warranty condition or undertaking as to the state of such Equipment other than that the configuration work will be performed correctly.

    5.3 All handsets are provided with the HPS settings pre-configured. We do not offer a service to unlock handsets or remove these settings during or at the end of your contract.

    5.4 Title to any Equipment supplied by us without separate charge as part of this service shall remain with us after the first activation of the service to which the Equipment is connected. You shall not sell or otherwise dispose of any Equipment to which we retain title nor charge the same as security or do any other thing which transfers or purports to transfer title in the equipment to any other party. Notwithstanding the above, title to all intellectual property rights to the configuration of the HPS Service, including the Equipment, is and shall remain at all times our property.

    5.5 Connexin reserves the right to charge the full retail price of the Equipment provided in the event of:

    · monthly invoices are not received by Connexin on a timely basis
    · Customer terminates the contract prior to the expiry of the minimum contract term
    · The Equipment being damaged due to mis-use while they are in customer’s possession.

    6. Risk and Warranty

    6.1 On delivery of the Equipment to you full risk of damage to, or loss of, such equipment shall pass to you.

    6.2 For a minimum period of thirty (30) days from delivery, if any Equipment materially fails to comply with the manufacturer’s specifications (a “defect”), you will immediately notify us of such defect, and we will investigate such defect. If we agree that the Equipment has a defect, we will replace the Equipment.

    6.3 Any impact on the Service caused by substandard performance or non-availability of the Equipment under Clauses 6.2 shall be excluded from our service level obligations under the Agreement, and such exclusion shall continue for as long as any of the circumstances in Clauses 6.2 continue.

    7. Fees and Payment

    7.1 All pricing will be indicative only and is not binding until confirmed by us. The pricing given is valid at the point of quote, but it can only be confirmed after the site survey (if required). Additional charges, such as but not limited to excess construction charges, may be applied, following the site survey. All prices are quoted are exclusive of VAT. Prices are valid for 30 days only.

    7.2 Following signing of the sales order form, you must pay the Installation Fee upfront and the service fees on a monthly basis. If specified on the sales order form, you may pay the Installation Fee monthly in advance in lieu of the upfront fee.

    7.3 Unless otherwise agreed by us in writing, any discount specified on the sales order form shall only apply during the Initial Term and shall not apply to subsequent Service periods.

    7.4 We shall be entitled to increase the Service Fee at any time with immediate effect where we can reasonably demonstrate that such an increase is due to an increased cost of providing the Service caused by a third party supplier, or legal or regulatory change. Any such increase in the Service Fee will not exceed the increased cost incurred by us in providing the Service.

    7.5 We may require you to pay a deposit and/or require you to procure that your parent company or related company guarantees the payment of any fees under the Agreement. You agree to enter into (and/or procure the execution of) any agreement or deed reasonably required for any such purpose.

    7.6 Where your sales order form specifies a UK call allowance and/or a UK Mobile call allowance you agree to the fair usage and exclusions that may be applicable at the time and are available on request. Any calls made which fall outside any call allowance will be charged in accordance with your call tariff, or where not specified in your call tariff at our standard tariff.

    7.7 Where all your HPS Services (including but not limited to user subscriptions, Equipment, data access, installation) are wrapped into a per user monthly rental and you subsequently cease any element of the HPS Service you will remain liable for the full per user monthly rental for the remaining term of your Agreement unless we have agreed otherwise with you in advance of entering into this Agreement. Where we may have agreed otherwise, your minimum liability will be the full cost of any installation, survey, set up, activation and Equipment, the costs for which we will confirm at the time.

    8. Service Suspension

    8.1 By giving reasonable notice to you, or if this is not practicable, such notice as is reasonably practicable in the circumstances, we may suspend the Service (or any part of the Service) for reasons to include but not limited to:

    · for operational reasons in accordance with the service levels, or
    · if required because of a regulatory or legal change, or
    · if we are obliged to comply with the order, instruction, or request of a court, government, agency, emergency service organisation, or other competent administrative or regulatory authority, requiring suspension to the Service, or
    · if your use of the Service may damage or disrupt the proper functioning of the infrastructure and/or equipment used to provide services to our other Customers, or
    · if we have reasonable grounds to believe that you are in breach of your obligations, and you either fail to remedy that breach or fail to demonstrate to our reasonable satisfaction that no breach took place within two (2) Working Days of written notice of the  suspected  breach for  a  serious  breach (serious breach to include, but not limited to, a breach likely to cause serious damage to us or our brand, or that of our contractors, or result in legal action by a third party) or within ten (10) Working Days of written notice of the suspected breach for other breach, or
    · if an undisputed invoice (or an undisputed part of an invoice) is not paid in full by the due date, provided that we have given you at least five (5) Working Days’ notice of such non-payment.

    8.2 Suspension of the Service shall cause our service level obligations to be excluded for the period of the suspension. Such suspension of the Service shall continue for as long as any of the circumstances in Clauses 8 continues.

    9. Term and Termination

    9.1 Your obligations under this Agreement will commence on the date you sign the sales order form. The term of the contract as indicated on the sales order form will start on the date of Acceptance and, for multi Sites, is applicable on an individual Site by Site basis. The contract will then continue for the initial minimum term stipulated within the sales order form. For the avoidance of doubt, if not specified on the sales order form, the initial minimum term of contract is thirty-six (36) months. At the end of the initial minimum term, the contract will automatically renew for a further period of twelve (12) months, on a rolling twelve (12) month basis, unless we receive prior notice from you giving a minimum of thirty (30) days written notice of your wish to terminate the Service. Such termination is not to take place earlier than the expiry of the current term or renewed term.

    9.2 We shall have the right, by giving written notice to you, to terminate the Agreement immediately if you:

    · commit any material breach of your obligations and fail to remedy that breach within twenty-eight (28) days of written notice of that breach. The twenty-eight (28) day period only applies where a breach is capable of remedy; if it is incapable of remedy, the Agreement may be terminated by written notice immediately), or
    · have a winding up petition presented, or enter into liquidation whether compulsorily or voluntarily (otherwise than for the purposes of amalgamation or reconstruction without insolvency), or makes an arrangement with your creditors or petitions for an administration order, or has a receiver or manager appointed over any of your assets, or generally becomes unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986.

    9.3 We may terminate the Service or part thereof on 30 days written notice to you provided that such notice extends the termination date beyond the end of the minimum term as set out in the Service Agreement.

    9.4 Where the Agreement is terminated or otherwise brought to an end, all Service Fees for the remainder of the initial term or the renewed term (as applicable) shall become payable immediately.

    9.5 If you cancel an ordered Service or any part of it, notwithstanding that such order has only been provisionally accepted by us, you agree to reimburse us for any costs we have incurred in preparing to deliver the Service in addition to the standard cancellation charge, as may be applicable at the time. We will take all reasonable steps to mitigate any such costs but in the case of canceling an Installation Service then the cancellation charge may include the cost of lost revenue incurred whilst we or our subcontractors re-allocate staff who would have otherwise been engaged in your installation where we cannot re-allocate such staff at short notice and this does not constitute a penalty. If you have had a site survey you will pay the full site survey charges. If the Service includes any excess construction charges such charges will be payable in full by you on cancellation of an ordered Service. If we have provided you with any Equipment you will return such Equipment to us immediately in full working order at your cost.

    9.6 We shall have the right to terminate the Agreement immediately if required because of a regulatory or legal change or are required to do so by a direction of Ofcom.

    10. Liability

    10.1 We shall not be liable for any delay or failure in performing our obligations or failure to meet any dates under the Agreement caused by any circumstances beyond our reasonable control (such circumstances including, without limitation, any regulatory or legal change).

    10.2 All warranties, conditions, obligations, or implied terms which are implied into the Agreement by statute, custom, or law are hereby excluded to the maximum extent permissible in law.

    10.3 We do not exclude or limit our liability for death or personal injury caused by our negligence, and/or

    10.4 breach of the obligations arising from section 12 of the Sale of Goods Act 1979 (seller’s implied undertaking as to title, etc.), and/or

    10.5 breach of the obligations arising from section 2 of the Supply of Goods and Service Act 1982 (implied terms about title, etc. in certain contracts for the transfer of property in goods), and/or

    10.6 fraudulent misrepresentation.

    10.7 We shall not be liable to you for any loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, loss of data and / or perceived damage to reputation.

    10.8 We have no liability for any failure to meet the Required Date or for any failure to meet any service levels or to repair a fault within any given timeframe.

    10.9 The overall Service may consist of elements not provided by Connexin (such as but not limited to access circuits, routers, installation) which affects the Service Demarcation Point. You agree that we shall not be responsible or liable for any element of the overall Service not provided by Connexin nor for any affect the non-Connexin elements may have on the Service.

    11. Definitions

    “Acceptance” – acceptance by you that the Service has been completed successfully, in accordance with Clause 2.3.

    “Equipment” – the preconfigured router, power over ethernet switches (POE), handsets or any other Equipment we may provide as part of the Service.

    “Installation Fee” – the combined charge for the survey, equipment and the Installation Service, including excess construction charges, as specified on the Service Agreement or other amended documentation following site survey. “Installation Service” – the work (if any) carried out by us or our subcontractor at each Site to enable you to receive the Service, normally carried out between 09:00 and 17:00 on a Working Day.

    “Network(s)” – the Local Area Network, network equipment, computer systems, and local cable infrastructure, at the Sites, to which the Service will be connected.

    “Required Date” – the date you wish the Service to commence.

    “Service Agreement” – our completed and signed order form for services and/or products incorporating the product order form(s) and customer requirements form(s).

    “Service” – the services, as specified on the Service Agreement, and as may be further detailed in the Order Form, our Service literature and / or the customer requirements form detailing the Sites, Installation Service, Equipment, and Service, the related configuration, solution design, and setup of these, and any project documentation for the Installation Service.

    “Service Demarcation Point” – the point(s) to which we will maintain the Service(s). The Service Demarcation Point will be based on the different components that make up the Service and how these are deployed. The Service Demarcation Point for the main HPS service is typically identified as the connection between the access and the HPS service, managed by our Session Border Controllers (SBCs) within the network. Where we have supplied the access with the HPS Service, the point of demarcation will be the customer side port on the pre-configured Connexin supplied router. Where we provide the access and the Installation Service then the Demarcation Point will be the Connexin provided handset. In all cases, Connexin will honor any manufacturer warranty on the Connexin provided handsets. “Service Fee” – monthly recurring fee for the Service which may be individual fees for individual Services or a combined fee covering multiple Services.

    “Working Day” – any day falling on or between Monday to Friday, but excluding all English public and bank holidays.

    “You” – the entity which contracts with us.

    “We” or “Us” – Connexin Limited and /or our chosen subcontractor(s).

  • Mobile

    1. Provision of the Services

    1.1 We are providing you with mobile Services using approved SIM Cards and network resources.

    1.2 These Conditions are the terms on which you may use the Services and Software.

    1.3 Services will be provided within our network area in the UK and by roaming on to other networks.

    1.4 You agree that we, any network provider and our hardware suppliers can process your organisation’s information, which we collect or which you submit to us during any sales or registration process, for a number of purposes, including to open and manage an account for Services, to deliver products and services ordered by you, for security and emergency service support, for credit checking and fraud prevention, and for product analysis and direct marketing as set out in our ‘Privacy Notice’.

    1.5 This Agreement and your obligations under this Agreement will commence on the date you sign the sales order form (which may include an electronic signature by accepting our proposal via our online ordering system). The duration of this Agreement will commence from the Connection Date(s) of each number. Our obligations under this agreement will commence on the Connection Date.

    1.6 Where we agree to renew your Agreement during the Minimum Term, unless otherwise agreed with you in writing, the duration of the new Agreement for each individual Connection(s) will commence the day after the expiry of the current Minimum Term on each Connection.

    2. Phone number and SIM

    2.1 SIM Cards shall remain the property of Connexin Limited at all times and you shall be entitled to use the SIM Cards (including any Software they contain) provided for use with the Services only.

    2.2 You warrant that SIM Cards are only used with your authorisation and you will inform us as soon as is reasonably practicable after you become aware that a SIM Card is lost, stolen or damaged. Subject to clause 7.1 you shall be liable for any loss or damage suffered by you as a result of unauthorised use of SIM Cards (including due to loss or theft), up to the time that you have notified us that such SIM Card is being used without your authorisation. Following such notification, the SIM card will be barred for all usage but we are unable to bar the equipment itself unless the equipment was provided by us. You will be liable for all costs until such time you request the bar to be placed.

    2.3 We shall allocate telephone numbers to you which you shall only use to access the Services. We may reallocate or change such telephone numbers as a result of changes in applicable law or instructions from any regulatory authorities but will exercise all reasonable endeavours to minimise any disruption to you. We may withdraw telephone numbers that have been allocated to you as a result of your failure to comply with this Agreement.

    2.4 If you decide to Port a mobile telephone number allocated to you by Connexin, we shall, subject to clause 18, release your mobile telephone numbers for your nominated mobile network operator to transfer in accordance with OFCOM regulations.

    2.5 Each SIM may only be used in equipment which are enabled for Services and are authorised by us for Connection to our network. Any attempt to use the SIM in other equipment may result in serious damage to the equipment and may prevent you from being able to use it, including the making of emergency Calls. In these instances, we or any network provider are not responsible for any such damage or usage problems.

    3. Services and Coverage

    3.1 Once you are Connected and Activated, we shall use reasonable endeavours to provide you with the Services and to ensure the security of your communications at all times. However, due to the nature of mobile technology, it is impossible to provide a fault-free service and it is always possible that the quality or coverage may be affected at times.

    3.2 We shall use reasonable endeavours to give you access to Overseas Networks; however, we shall not be responsible for the performance of Overseas Networks or any part of the network not controlled by us. Overseas Networks may be limited in quality and coverage, and access and service availability depends on the arrangements with overseas operators. We will notify you of any terms of access (if any) that you need to comply with to use Overseas Networks.

    3.3 You will be able to upload and send your own content using the Services. You grant us and any network providers a royalty-free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the Services.

    3.4 We may:

    · change or withdraw some, or part, of the Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content; and
    · determine or change how Services are presented and delivered to the equipment or are otherwise made available to you.

    3.5 Where we provide you with any usage alerts, you accept that these are on a reasonable endeavors basis and we have no liability should we, for any reason, fail to send or be late in sending or you fail to receive for any reason such usage alert and you agree you will remain liable for all usage costs incurred whether we alerted you to such usage or not.

    3.6 Where you opt into an international roaming bolt-on, you accept you are agreeing to opt out of any automatic barring (including any European regulatory barring) and agree to pay for all roamed usage outside of any bundle allowance.

    3.7 Where you opt to take any automatic top-up bundle you accept there will be no limit to the amount of times the bundle will auto top up and you agree you will be liable for all automatic top-up charges.

    4. Limitation of Services

    4.1 We will always try to make Services available to you. However, Services are only available within our coverage area. Within this, there may be areas where you do not have access to all Services or where coverage is otherwise limited or unavailable.

    4.2 Where you take the Connexin MultiNet Service, should coverage on our Primary Access Network be unavailable at any time, your SIM Card will automatically pick up Alternative Access Networks as may be available in your location. Should you be on a call at the time the call will terminate whilst your SIM Card connects to an Alternative Access Network. Where coverage on our Primary Access Network becomes available again your SIM Card will automatically revert to this network, this will not happen whilst you are on a call unless coverage on the Alternative Access Network becomes unavailable. We do not guarantee you will always have access to an Alternative Access Network and this is subject to coverage available in your location at the time. There may be a delay while your SIM Card connects to either our Primary Access Network or an Alternative Access Network.

    5. Disruption to Services

    5.1 There may be situations when Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:

    (a) when we or any network provider need to perform upgrading, maintenance or other work on the network or Services;
    (b) when you move outside our coverage area whilst you are on a Call (in this case Calls may not be maintained);
    (c) when you are in areas otherwise not covered by our network;
    (d) during any technical failure of the network;
    (e) when it is necessary to safeguard the security and integrity of the network or to reduce the incidence of fraud;
    (f) where Artificially Inflated Traffic has been identified;
    (g) due to Emergency Planning Measures; or
    (h) because of other factors outside our control, such as the features or functionality of your handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.

    We shall endeavour to keep all such disruptions to a minimum and shall give you notice of such disruptions where reasonably practicable.

    6. Suspension of Services

    6.1 We may Suspend any or all of the Services you use immediately and without notice, compensation or liability to you if:

    (a) we reasonably believe you have provided us with false or misleading details about yourself;
    (b) monthly payments on invoices are not received by Connexin on a timely basis;
    (c) we advise you that your excessive use of Services (as may be defined within these Conditions or within fair usage policies as may be published from time to time) is causing problems  for  other  users,  and  you  are  continuing  to  use Services excessively;
    (d) we believe your equipment or SIM Card has been lost or stolen;
    (e) we reasonably believe that you have used Services, the SIM Card or a phone number for illegal or improper purposes or to make Nuisance Calls in contravention of our responsible use requirements within these Conditions;
    (f) we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you are using Services in any of the ways prohibited). If this happens, we will deal with the complaint in the manner set out in clause 18;
    (g) we are required to Suspend your Services by the emergency services or other government authorities;
    (h) we reasonably believe you are using the Service for a voice over internet protocol service or similar service that is not authorized by us;
    (i) where a SIM Card has been inactive for two consecutive quarters;
    (j) we reasonably suspect you are using a GSM Gateway;
    (k) your usage is adversely affecting the operation of the mobile network or provision of the mobile services;
    (l) your usage is or may adversely affect the operation of the mobile network or any third party network or provision of the mobile services or the provision of services by us to any other person;
    (m) we suspect fraudulent, criminal or illegal activities are being carried out, or are likely to be carried out.

    6.2 If we Suspend any or all of your Services, you will still be able to make emergency Calls (unless they have been Suspended at the request of the emergency services).

    6.3 If your Services are Suspended, we may agree to re-connect you if you ask us to do so and there may be a re-connection charge for this.

    6.4 If your Services are Suspended you will remain liable for all charges under this Agreement.

    7. Equipment

    7.1 We shall bear the risk of loss or damage to Equipment and SIM Cards provided by us until the point of delivery to you.  Subject to clause 7.2, you shall bear the risk of loss or damage to Equipment and SIM Cards from the time the delivery is made and the delivery note or system is signed. You do not have the right to return any Equipment unless there is a proven fault with the Equipment. We are unable to exchange Equipment once delivery has been accepted.

    7.2 You shall notify us in writing within 24 hours of receipt if SIM Cards arrive having been damaged, or if the order has been incorrectly fulfilled. You shall notify us in writing within 10 working days of confirmation of our order acceptance if you do not receive the SIM Card and following such notification, we shall replace damaged new SIM Cards, lost or stolen in transit free of charge. You shall notify us in writing within 10 working days of receipt if SIM Cards do not operate (dead on arrival) and following such notification, we shall replace the dead on arrival SIM Cards as soon as reasonably practicable.

    7.3 The title in SIM Cards shall remain with us at all time.

    7.4 Where Equipment supplied to you by us becomes faulty for reasons other than through your acts, omissions or misuse within the manufacturer’s warranty period, you shall return such Equipment to us at our cost and we shall replace the Equipment in accordance with our returns policy as applicable at the time. The returns policy may vary depending on your handset, and some handsets are completely excluded from our returns policy. Any out-of-warranty replacements shall be at our Tariff applicable at the time. Should we agree to a repair or a replacement, you must ensure that you back-up or otherwise store separately any of your information or other data on the handset which you may require, as this will be lost during the repair or replacement process. We are not responsible for any information or data which may be lost during the repair or replacement process.

    7.5 We do not manufacture Equipment and save for clause 7.4 above exclude, to the fullest extent permissible at law, all warranties, terms or conditions in relation to Equipment, whether implied by law or otherwise. We shall pass on the benefit of any warranties that we obtain from the manufacturer of any Equipment supplied to you by us. However, on expiry of this Agreement, any commitment that we have to liaise with the manufacturer in respect of any warranty shall cease.

    7.6 You shall not remove or obscure any logo or writing on Equipment that we have supplied to you and which you do not own. You shall replace all batteries and other consumable parts of the Equipment. You shall not, and shall ensure that End Users do not tamper with or attempt to repair or service the Equipment or allow any party other than us to do so. Any attempt to do this may invalidate the manufacturer’s warranty. You shall keep all Equipment that we have supplied and which you do not own, in your possession and shall not sell it, place a charge on it or otherwise dispose of it.

    7.7 Our supply of Equipment shall be subject to availability.

    7.8 Equipment which can be used to access Services may be locked to the network. The software in the Equipment and all intellectual property rights in that software are owned by the Equipment manufacturer and you are being allowed to use the software on a limited licence from the Equipment manufacturer. On expiry of your Agreement with us should you wish to unlock your Equipment to use with another network, this will be your responsibility.

    7.9 Should you take a SIM-only Tariff from us to use with your existing Equipment then the unlocking of your Equipment will be your responsibility and you agree that we shall not be liable for any direct or indirect costs as a result of you unlocking your Equipment to use with our SIM Cards.

    7.10 All replacement Equipment shall be subject to stock availability and we reserve the right to supply replacement Equipment of a similar specification where necessary.

    7.11 If you will be using your existing BlackBerry Enterprise Server (BES) or BlackBerry Enterprise Express Server (BESX), it should be noted that we will not support this in any way.

    8. Orders and Charges

    8.1 Orders are binding on both parties from the date of acceptance by us. If acceptance is not expressed, it shall be deemed to have occurred on dispatch of the SIM Cards or our activation of your Service. For the avoidance of doubt, if you do not ask us to activate your Service then we will activate your Service within 10 working days of receipt of your order, unless we agree otherwise with you in writing, from which point you will become liable for all Charges and the Minimum Term will commence from that date.

    8.2 Where you choose to take a Bundle as your Tariff all Call types not included in the Bundle and Calls included in the Bundle that exceeds the allowance will be chargeable at our standard pricing, or as otherwise agreed in writing.

    8.3 All Bundles, metered and unmetered Tariffs are subject to our fair use policy.

    8.4 Unless otherwise specified in the Tariff, bolt-ons must be added at the point of Connection and shall apply for the duration of the Agreement and cannot be removed mid-term. Bolt-ons removed mid-term will be liable for early termination charges.

    8.5 Downward Tariff migrations are not permitted.

    8.6 Charges for international roaming Services shall be made available to you after such Charges have been received by us. Due to the nature of roamed usage, they may be invoiced to you several months in arrears and there shall be no time restriction on the invoicing of such usage and standard payment terms shall apply to these Charges.

    8.7 Notwithstanding clause 8.6, Charges for all mobile usage may be invoiced up to 12 months in arrears and standard payment terms shall apply to these Charges.

    8.8 Where you are offered a Hardware Fund as part of your Tariff, such fund shall only be available for the duration of the initial Minimum Term. Your Hardware Fund may only be used to purchase Equipment from us. However, you may take some of your allocated Hardware Fund as a credit against your account only if agreed with us in writing in advance. Should you fail to use your Hardware Fund within the initial Minimum Term any remaining balance will not be carried forward.

    9. Software Licence

    9.1 Equipment and Services provided under this Agreement may contain or use Software. This Software is generally not owned by us. Any Software that is used by our Equipment or Services shall be governed by the terms of the relevant Software licence provided with the relevant Equipment or Service. In all other cases, where Software is provided we grant you a non-exclusive, royalty-free licence to use any such Software for the duration of this Agreement.

    9.2 Your licence shall be a single user licence. You may make one copy of the Software for back up purposes. If you do not accept the terms of the relevant Software licence, you shall be prohibited from using the relevant feature of the Service to which the Software relates and we shall not be bound to deliver the relevant Service. You shall be responsible for any Software upgrades (including charges) specified by the licensor or us.

    10. Services – Areas where we have no responsibility

    10.1 We will try to ensure the accuracy, quality and timely delivery of Services. However:

    (a) we and any network operator accept no responsibility for any use of, or reliance on, Services or their content, or for any disruptions to, or any failures or delays in, Services. This includes, without limitation, any alert Services or virus detection Services; and
    (b) subject to these Conditions and our Conditions of Communication Services, we and any network operator do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of Services or their content which are provided to you on an ‘as is’ basis.

    10.2 We and any network operator will not be liable:

    (a) for any loss you may incur as a result of someone using your PINs or passwords, with, or without, your knowledge; or;
    (b) if we or they cannot carry out our duties, or provide Services, because of something beyond our control, or
    (c) for any direct or indirect costs or losses as a result of errors in programming where you use our Fixed Dialing Number SIM functionality; or
    (d) where during a port to another provider the other provider fails to take over your Connections for any reason.

    10.3 This clause 10 will apply even after this Agreement has ended.

    11. Others’ content and services – Areas where we have no responsibility.

    11.1 You may be able to use Services:

    (a) to upload, email or transmit content using Services; and
    (b) to access content which is branded or provided by others and to acquire goods and services from others. Where we provide you with such access, all we do is transmit the content to you and we do not prepare or exercise control over the content, goods or services. We and any network operator are not responsible or liable in any way for and do not endorse, any of this content, goods or services.

    11.2 This clause 11 will apply even after this Agreement has ended.

    YOUR OBLIGATIONS

    12. Use

    12.1 You may supply the Equipment and Services to your own End Users, but not to any other party. You are responsible for ensuring the compliance of End Users with the terms of this Agreement, all applicable laws, and codes of practice which may vary from time to time.

    12.2 You shall only use Equipment authorised for use on the network.

    12.3 You shall not:

    (a) use any Equipment or Services for any purpose that we (acting reasonably) believe is abusive, a nuisance, illegal or fraudulent; or
    (b) do anything that causes the network to be impaired or damaged.

    12.4 Where a specific End User causes you to be in breach of your obligations of this Agreement, we shall be entitled to Suspend such End User’s use of the Services. Before exercising this right, we shall notify you of our intention to do so where this is reasonably practicable, allowing an opportunity to remedy the alleged breach (where it is capable of remedy); otherwise, we shall notify you as soon as reasonably practicable after the Suspension.  This right of Suspension shall only apply during the period of breach, although reinstatement of the Service may be subject to the payment of a re-Connection Charge.

    12.5 During any period of Suspension, you shall continue to pay all Charges due under this Agreement in respect of the Suspended Services.

    12.6 You may use the Equipment and/or Services to access the internet and services not provided under this Agreement.  We accept no responsibility for these services, including wherein accessing such services, you give unauthorised parties access to the Equipment.

    13. Secure your PIN, Passwords and SIM Card

    13.1 You must ensure that you keep the SIM Card safe and secure whilst it is in your possession and you must ensure that you are able to return it to us, if required to do so by us at any time, as set out in these Conditions. There will be a charge for any replacement SIM Card, unless the original SIM Card is defective.

    13.2 You must keep all PINs and passwords secure and confidential. You are also responsible for the security of your Equipment and must ensure that you keep it secure (refer to the Equipment manufacturer’s user guide for details of how to keep your Equipment secure).

    13.3 You should immediately change your PIN or password if you become aware that someone is accessing Services on your account without your permission.

    14. Responsible use of Services

    14.1 You may only use Services:

    (a) as set out in this Agreement; and
    (b) for your own personal use. This means you must not resell or commercially exploit any of the Services or content.

    14.2 You must not use Services, SIM Cards or telephone numbers or allow anyone else to use Services, the SIM Cards or telephone numbers for illegal or improper use or to make Nuisance Calls. For example, but not limited to:

    (a) for fraudulent, criminal or other illegal activity;
    (b) in any way which breaches another person’s rights, including copyright or other intellectual property rights;
    (c) to copy, store, modify, publish or distribute Services or content (including ringtones), except where we give you permission;
    (d) to download, send or upload content of an excessive size, quantity or frequency;
    (e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or Services;
    (f) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload.

    14.3 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and your account.

    14.4 We may publish an acceptable use policy which provides more detail about the rules for use of certain Services in order to ensure that use of Services is not excessive, to combat fraud and where Services we may introduce require certain rules to ensure they can be enjoyed by our customers. Such a policy may be amended from time to time – for instance, if we discover that the Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain Services is causing problems for us or any network provider, our or their systems or for other users or if we introduce new Services which may require certain rules to ensure that such new Services can be enjoyed by our customers, again, we will let you know if this happens.

    15. Responsible use of Messaging and Storage Services

    15.1 While using Messaging Services, you must not send or upload:

    (a) anything that is copyright protected, unless you have permission;
    (b) unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or
    (c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.

    15.2 We may put limits on the use of certain Services, such as Messaging Services or Storage Services. For example, we may limit the size of messages or storage space and we reserve the right to remove or refuse to send or store content on your behalf.

    16. Responsible use of Age Restricted Services

    16.1 If you are under 18, you are not permitted to access Age Restricted Services (if any). If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18.

    16.2 You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Equipment.

    17. Responsible use of Services outside the UK

    17.1 If you use Services from or in a country outside the UK, your use of the Services may be subject to laws and regulations that apply in that other country.  We are not liable for your failure to comply with those laws or regulations.

    18. Ending this Agreement and Disconnection of Services

    18.1 You may end this Agreement in the following ways:

    (a) You can end the Agreement during the Minimum Term by giving notice at least 30 days before the date you want to end the Agreement. However, you must pay us all the Charges you owe, plus any Cancellation Fee.
    (b) On 30 days’ notice, outside the Minimum Term. You can end the Agreement if your Agreement does not contain a Minimum Term, or if you want to end the Agreement at the end of your Minimum Term or any time after your Minimum Term has expired, provided you give us notice at least 30 days before the date you want to end the Agreement.

    18.2 We may end the Agreement in the following ways:

    (a) On 30 days’ notice, at any time;
    (b) Because of your conduct in breach of this Agreement;

    In the following cases, we may end your Agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:

    (i) if we have the right to Suspend your Services and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
    (ii) if we believe that your use of our Services is jeopardizing the operation of our or any network provider’s network, or is of an unacceptable nature; or
    (iii) in the event of your bankruptcy, insolvency or death.

    (c) No network access or Services. We may end your Agreement if we no longer have access to networks which we need to provide Services, or if we are no longer able to provide Services due to factors beyond our control or because we cease business.

    18.3 You can only end this Agreement in the ways set out in this clause 18. However, if you are a consumer, any statutory rights which you may have, which cannot be excluded or limited, will not be affected by this clause 18.

    18.4 If a request is received to Port a mobile telephone number to another provider, we will provide a porting authorisation code (“PAC”) to you in accordance with current regulatory guidelines. You will still be liable for any outstanding amounts due in relation to this Agreement, including any Cancellation Fees, and for all costs incurred till the point you Port away from us.

    18.5 If you Port a number away from us we will charge you an administration fee per number to cover the cost of removing your number from our Service, such fee applicable at the time will be available on request.

    19. Effect of this Agreement Ending

    19.1 If this Agreement ends, we will close your account and Disconnect you and you will not be able to use Services or make emergency Calls.

    19.2 You must immediately pay all Charges you owe up to the date the Agreement ends. If we end the Agreement due to your conduct in breach of this Agreement or if you end your Agreement, or individual connections, within the Minimum Term, the Charges will include a Cancellation Fee.

    19.3 You will not be entitled to any remaining Hardware Fund or unused discount following termination of this Agreement.

    20. Variations to your Agreement or Prices

    20.1 We may vary any of the terms of your Agreement on the following basis:

    We will make best endeavors to let you know at least 30 days in advance if we decide to:

    (a) discontinue the Services; or
    (b) make any variations to your Agreement which are likely to be of detriment to you; or
    (c) increase the fixed periodic charges for the Services (if applicable) by an amount which is more than the percentage increase in the Retail Prices Index  (or any future equivalent) in any twelve month period.

    20.2 You can end the Agreement for such variations as set out in clause 20.1. However, you will not be able to end the Agreement if such variation or increase:

    (a) is due to changes to the law, government regulation or licence which affect us;  or
    (b) relates solely to Additional Services.

    20.3 If you carry on using Services after the variation commences, you will be deemed to have accepted the variation and such variation does not require the further agreement of either party.

    20.4 The following are agreed to be short notice price variable services: Equipment, premium rate services, roaming services, international services, personal number services, special numbers, shortcodes, directory assistance numbers and any other Service which we determine is a short notice price variable service, such Service being subject to price changes that we cannot reasonably avoid. For short notice price variable Services we will pass on the burden of any cost increase by giving you 30 days notice where possible, or such lesser notice given to us by a relevant third party.

    21. Our Rights – Intellectual Property

    21.1 All rights, including copyright in Services and their content, belong to us any network provider or our licensed source, such as a content provider. We and they reserve all our and their rights. By supplying you with Services, Software, and Equipment, we are not transferring or assigning ownership of any intellectual property rights in or relating to them to you.

    21.2 Where we create intellectual property rights during or as a result of the supply by us of Services, Software, and Equipment to you, we shall own all such intellectual property rights.

    21.3 You must not do anything to jeopardise us or our licensors’ intellectual property rights.

    22. Limits on our liability

    22.1 All of our obligations to you relating to Services are set out in your Agreement. This Agreement may only be varied with our express permission in writing.

    22.2 Except as set out in clause 22.3:

    (a) all other terms, conditions, and warranties relating to Services are excluded;
    (b) our and any network operator’s entire liability to you for something we do or do not do will be limited to £1,000 for one claim or a series of related claims; and
    (c) we and any network operator are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. We and any network operator are not liable for any loss or damage that was not reasonably foreseeable when you entered into the Agreement.

    22.3 Nothing in this Agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which cannot be limited or excluded by applicable law. If you are a consumer, the terms of this Agreement will not affect your statutory rights, which cannot be excluded by this Agreement.

    22.4 This clause 22 will apply even after this Agreement has ended.

    23. Privacy Notice and Your Information

    23.1 We may pass and share your organisation’s information and End Users’ personal information to any network provider, other communications service providers, and network operators for the detection and prevention of theft and fraud, and to carry out any activities or disclosures to comply with any regulatory, government or legal requirement.

    23.2 If you use Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside the  EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect your information to the same standards applying in the UK and the EEA.

    24. Third Party Rights

    24.1 This Agreement is entered into by us for the benefit of us and Network Provider.

    24.2 For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that any Network Provider will have the right to enforce any rights conferred on it under this Agreement and to that extent any Network Provider will have the same rights against you as would be available if they were a party to this Agreement.

    25. Definitions

    “Activation” means when you call us to Activate your SIM Card (or we Activate it in accordance with these Conditions) to enable you to access the Service.

    “Activate” and “Activated” have corresponding meanings.

    “Additional  Services” means additional or supplementary Services for which a Charge is made in addition to the fixed periodic Charges for the Services (if applicable).

    “Age Restricted Services” means any Services for use only by customers aged 18 or over.

    “Alternative Access Networks” means UK mobile networks operated on our behalf from time to time by providers other than the Primary Network Access provider;

    “Artificial Inflation of Traffic” or “AIT” shall have the meaning given to it in the BT standard interconnect agreement as amended from time to time and for the avoidance of doubt includes any situation where Calls other than Calls to geographic number ranges commencing with the digits 01, 02 or 03: (a) are made, generated, stimulated, and/or prolonged for the direct or indirect benefit of any entity (including a natural person) operating, hosting or otherwise connected with a telecommunication service as a result of any activity by or on behalf of such entity; and (b) result in a calling pattern which is disproportionate to the overall amount, duration and/or extent of Calls which would be expected from a good faith usage or an acceptable and reasonable commercial practice relating to the operation of telecommunications systems;

    “Bolt-On” means a package for inclusive usage that is added to a Bundle or Tariff. Bolt-On usage may be shared or per user as specified in the Tariff.

    “Bundle” means any monthly subscription which includes an inclusive usage allowance (or fair usage allowance) of predefined usage types.

    “Call” means a signal, message or communication which is silent, spoken or visual that we agree to provide to you under this Agreement.

    “Cancellation  Fee” means, a fee charged if we end the Agreement due to your conduct or if you end your Agreement, or individual connections, within the Minimum Term. This fee may cover (without limitation) your fixed periodic Charges for the Minimum Term, our administrative costs, costs incurred by us in Connecting and Disconnecting the Services, costs incurred by us for porting your numbers to another network, cost of Equipment, accessories or devices provided free of charge or discounted and recovery of any rental discount, cash back or credit already paid to you.

    “Charges” means charges for access to, and use of, Services. These charges may cover (without limitation) fixed periodic charges, variable periodic charges, usage charges, account administration fees, fees for Connection and re-Connection, a Cancellation Fee (where applicable) and any costs incurred in collecting outstanding payments from you.

    “Conditions” means these Conditions for Mobile Services and the Conditions for Communication Services.

    “Connection” means the procedure by which we give you access to Services. ‘Connected’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings.

    “Damage” means any accidental, sudden and unforeseen damage to the Equipment caused by external means which affects the operational functioning of the handset.

    “Disconnection” means the procedure by which we stop your access to Services. ‘Disconnect’, ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings.

    “Emergency Planning Measures” means the measures that may be taken as a result of our or any network provider’s obligations under (i) the General Conditions under section 45 of the Communications Act 2003 and (ii) the Civil Contingencies Act 2004 or any similar law.

    “End User” means a person using Equipment or a Service, who is an employee or contractor of yours or any other person you give permission to use the Equipment or Service under this Agreement.

    “Equipment” means any handsets, hardware or accessories that are authorised by us for Connection to the network which is used to access Services.

    “Fixed  Dialing  Number  (FDN)”  means  a  SIM  Card  that allows  the  user  to  only  dial  certain  numbers  which  have previously been added to the FDN list.

    “GSM Gateway” means any Equipment containing a SIM Card which enables the routing of Calls from fixed apparatus to mobile Equipment by establishing a mobile-to-mobile Call or event.

    “Hardware Fund” means any money that we invest in your account including but not limited to fully or partially subsidising the cost of your Equipment, reducing your fixed periodic Charges, credits against your usage, connection bonuses, cash back or any other reduction to Charges you would pay to us under this Agreement.

    “Messaging Services” means any email, fax and voicemail Services, text message and multimedia messaging Services, personal information management, and other message or communication facilities which let you communicate with others.

    “Minimum Number of Connections” means the minimum number of active connections you agree to maintain on your account for the Minimum Term.

    “Minimum Term” means the minimum period of Service for each Connection as shown on the Agreement, product order form, connection schedule or Tariff, such period to start on the date on which the relevant Service is first made available to you for use. At the end of the Minimum Term, this Agreement will continue on a 30-day rolling basis unless or until terminated by either party. Unless otherwise agreed in writing, the Minimum Term for each Connection will commence from each individual Connection date and each will run for the duration of the Minimum Term.

    “Network Provider” means the providers we use to provide the Services.

    “Nuisance Calls” means an unwanted Call that causes annoyance, inconvenience or anxiety to the receiver of the Call, and/or is a hoax Call, and/or is of an offensive, spiteful, abusive, indecent, defamatory, obscene or menacing nature, and/or  Calls which cause the called person to experience silence when the Call is answered in circumstances where the called person has no means of establishing whether there is a person at the other end of the line.

    “Overseas Networks” means telecommunication systems outside the UK used (but not controlled) by us in providing the Services.

    “Port” means the transfer of a mobile number under this Agreement to or from a different network provided by another supplier.

    “Primary Access Network” means the 3G and 4G radio access network of our choice operated on our behalf by the Primary Access Network provider but excluding any 2G network.

    “Service” or “Services” means all or part of the Services provided under this Agreement and any related services that we agree to provide to you under this Agreement.

    “SIM or SIM Card”  means a card which enables you to access the Services.

    “Software” means a machine executable computer program, software module or software package or any part thereof supplied by us or the Software licensor to you irrespective of how it is stored or executed.

    “Storage Services” means any Services which offer you storage capacity on the network for storage of content which you access from us.

    “Suspension” means the procedure by which we temporarily Disconnect your access to the Services. ‘Suspend’ has a corresponding meaning.

    “Tariff” means our tariff or bundle or hardware price list referred to in the  Agreement, product order form, connection schedule, proposal or other document and as amended from time to time.

    “we” and “us” means Connexin Limited whose main place of business is No 1, Bridge View Office Park, Henry Boot Way and whose registered office is at107 Cheapside, London EC2V 6DN.

    “you” means the customer we make this Agreement with. It includes a person who we reasonably believe is acting with the customer’s authority or knowledge. It also includes any End Users where the context requires.