 Prohibited Use
Illegal / Criminal Activity
You may not use or attempt to use the service in connection with any violations of laws, regulations, or other government requirements.
Examples include:
- Theft or infringement of copyrights, patents, trademarks, trade secrets, or other intellectual property,
- Fraud, forgery, pyramid or other prohibited business schemes,
- Theft, misappropriation, or unauthorised transmission or storage of funds, credit card information or personal information.
Security Violations
You may not use or attempt to use the service to violate the security of a network, service or other system. Examples of security include:
- Hacking, cracking into, monitoring, or using systems without authorization,
- Scanning ports,
- Conducting denial of service attacks,
- Distributing viruses or other harmful software.
Offensive materials
The service may not be used or attempted to be used to transmit or store material of an offensive nature, including:
- Obscene, pornographic, indecent, abusive and harmful materials,
- Material of a threatening or harassing nature
Spam
It is prohibited for any user to access or attempt to access our service for the purpose of:
- Sending any unsolicited email that could be expected, in our judgement, to provoke complaints.
- Sending email that does not accurately identify the sender, the sender's return address, and the email address of origin.
- Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
- Sending email with charity requests, petitions for signatures, or any chain mail related materials.
Important Information
Free Point Internet is not able to prevent all possible harm to persons who use the service as a result of violations by others. All users are responsible for taking such steps necessary to protect the security, integrity, and availability of the service and information, and to restrict access to undesired content, sites, and services. We will not be liable to for harm that results from violations of these Terms, even when we are aware of those violations.
Revisions
We may revise these Terms at any time, effective when posted to our web site.
Conditions of Use for Broadband
Definitions
In these terms and conditions the following terms shall have the meanings
allocated to them:
"Agreement" means these terms and conditions, the Price List,
the Registration Details, any Schedules and the Technical Requirements;
"Charges" means the charges payable by you for the Service and
the Equipment details of which appear on the Price List,
"Equipment" means the WiFi equipment that is purchased by you
from Free Point Internet when you subscribe to the Service that enables
you to connect to the public telephone network and access the Internet,
"Free Point Internet, we or us" means Free Point Internet of
40 Royal Lodge Avenue Belfast BT8 7YR
"Premises" means the business address, at which Free Point Internet
agrees to provide the Service to you,
"Service" means the Free Point Internet Broadband service that
provides you with high-speed access to the Internet via your BT telephone
line and using the Equipment, whilst retaining the ability simultaneously
to carry out voice telephone conversations,
"Start Date" means the date when the Service or any part of
it is first made available to you or when you first start to use the Service,
whichever is the earlier,
"Term" means a period of three, six, twelve, or twenty-four
months, depending on the package chosen, commencing from the Start Date,
"You / your" means the person with whom Free Point Internet
is making the Agreement as specified in the Registration Details.
1. The Service
1.1 The Service will be provided or procured by Free Point Internet with
reasonable skill and care and in accordance with the provisions of this
Agreement.
1.2 If you use the Service for business purposes you agree that you do
so without any conditions, guarantees, warranties, whether express or
implied. You will not hold Free Point Internet responsible for any loss
of profit, business, opportunity, goodwill, reputation, revenue or savings
you expect to make, wasted expenditure or data being lost or corrupted.
Nor will you hold Free Point Internet liable for damages, which may or
may not have been foreseeable at the time you entered the contract.
1.3 If we are unable to provide you with the Service then we will notify
you as soon as possible and will refund any payments made for the service
and the Equipment
1.4 BT requests that we inform you that activation of your Broadband service
may result in a temporary loss of your analogue BT line.
1.5 In the event that you terminate your telephone account with BT or
you change the services on the telephone line on which you currently use
the service, so that the service is unable to operate normally, your service
will terminate and if you are on the monthly payment plan then the monthly
payments will continue to be taken until the end of the term.
2. Personal Information
2.1 The Registration Details that you provide shall be true, accurate
and complete. You agree to inform Free Point Internet of any changes to
your Registration Details immediately by e-mail addressed to info@freepointinternet.com.
2.2 Free Point Internet will respect your personal information and undertakes
to comply with all applicable UK Data Protection legislation.
2.3 In relation to your Registration Details, you agree and hereby consent
to Free Point Internet passing those details to BT and to such other third
parties as may be necessary in order to provide and operate the Service
and if applicable deliver the Equipment. As a member of the Service you
agree that we may send you information mailings regarding the Service
and any new products / services.
2.4 Other than as required by law, or as permitted under this Agreement,
Free Point Internet shall not disclose your Registration Details to any
third party without your permission.
3. Free Point Internet Obligations
3.1 In consideration of the Charges, Free Point Internet shall provide
the Service in accordance with the terms and conditions of this Agreement.
You acknowledge that Free Point Internet’s provision of the Service
and its ability to provide the Service is dependent upon BT and its ability
to provide certain parts of the Service to Free Point Internet.
3.2 Free Point Internet does not accept any responsibility for any defects
or errors in either the Service or the Equipment.
3.3 You acknowledge that Free Point Internet cannot warrant that the Service
will be interruption free or that the transmission of information through
the Service will be secure. The Service may be suspended for operational
reasons (such as maintenance or Service upgrades) or because of an emergency.
Before suspending or interrupting the Service (as aforesaid) Free Point
Internet shall use reasonable endeavours to give you as much notice as
possible, this will usually be in the form of a email or message on the
website.
4. Your Obligations
4.1 You agree that you will be responsible for any equipment that may
be provided to you for the purpose of receiving the Service and that you
will be responsible for all charges necessary to access and use the Service
and that you will use any equipment connected or used with the Service
in accordance with any instructions, safety and security procedures applicable
to it.
4.2 You will inform us upon becoming aware of any suspected or actual
unauthorised use of the Service and will take all steps necessary (or
requested by us) to prevent such use.
5. Faulty Equipment Replacements
5.1 In the event that Free Point Internet provides you with replacement
equipment as a result of a fault, which is covered under the manufacturer’s
warranty you must return the faulty Equipment, and all parts & packaging
to Free Point Internet before a replacement is sent. If you fail to return
the faulty Equipment to Free Point Internet within 14 days from the date
that you reported the failure, Free Point Internet reserves the right
to charge you the full replacement cost for such Equipment unless actual
proof of postage can be provided to Free Point Internet.
5.2 In the event the Equipment is returned without all the original parts
and packaging a new replacement will not be sent until Free Point Internet
are in receipt of these.
6. Insurance
The Equipment is covered by a manufacturer's warranty for 12 months from
date of installation. You will assume the risk and cost of damage to or
loss of the Equipment from the moment the Equipment is delivered to you.
Despite you assuming this risk, until Free Point Internet has received
in cash or cleared funds payment in full for the Equipment, you will not
be deemed to own the Equipment.
7. Charges
7.1 The Charges shall apply from the Start Date. You shall pay the Charges
in accordance with the payment terms set out on the freepointinternet.com
website.
7.2 All Charges for the Service are exclusive of VAT at the applicable
rate.
7.3 Free Point Internet reserves the right to vary the Charges at any
time on giving you 28 days notice in writing.
8. Limitation of Liability
The liability of Free Point Internet in contract, tort (including negligence)
or otherwise in relation to this Agreement is limited to the price paid
by you for the Equipment and the Charges in the year (commencing from
the Start Date or any anniversary of the Start Date) in which the liability
first arose.
9. Termination
9.1 If you wish to terminate this agreement prior to the Start Date then
the following charges will be charged; 2 or less days from the activation
date £100, at any other time before the start date £75
9.2 If we have supplied you with Equipment you must either pay for the
Equipment or return such Equipment to us (at our request) and we will
then refund you for any payment received from you for such Equipment.
9.3 If you give notice of termination of this Agreement during the Term
and the Service is available for you to use, your service will terminate
and if you are on the monthly payment plan then the monthly payments will
continue to be taken until the end of the term.
9.4 Either party may terminate this Agreement immediately, on notice if
the other commits a material breach of this Agreement which cannot be
remedied; or
9.5 Free Point Internet shall be entitled to terminate this Agreement
in the event that:
(a) You no longer have a valid contract for the use of a BT analogue direct
exchange line,
(b) You breach any of the terms set out in this agreement.
10. Force Majeure
If either party is unable to perform any obligation under this Agreement
because of a matter beyond that party's reasonable control, the party
will have no liability to the other for that failure to perform.
11. Variation
Free Point Internet reserves the right to vary the terms of this Agreement
or the nature of the Service at any time and Free Point Internet will
inform you of any such changes through an e-mail, newsletter or such other
medium, as Free Point Internet considers appropriate.
12. Miscellaneous
The Agreement shall be governed by and construed in accordance with English
Law and the parties hereby agree to submit to the exclusive jurisdiction
of the High Court of England in respect of any dispute or matter arising
out of or in connection with the Agreement.
|
