TERMS & CONDITIONS

Clear Picture Services Ltd – Business Broadband Service Terms and Conditions

These are the terms and conditions under which Clear Picture’s Business broadband internet access (“Clear Picture Broadband”) will be provided to you.

This Contract is between you and Clear Picture Services Ltd, who will be responsible for providing you with broadband internet access and Wireless Router equipment.

This contract is subject to the details provided and service levels agreed to and signed for by you the customer on the Clear Picture Broadband Order Form.

This contract is additionally subject to the terms and conditions as laid down in the Clear Picture Business Service Level Agreement (SLA)

1. Eligibility

(a) Availability of products and service levels will vary depending upon your location. Services and service level availability will be notified to you prior to installation and on the basis of a site survey carried out at Clear Picture’s expense.
(b) Clear Picture Business Broadband is only available to individuals who are a company director or who hold a position within that company or business which grants them the authority to sign contracts and take responsibility for any actions resulting from the agreement to that contract.
(c) Signatories must be eighteen (18) years of age or over and the business must be in an area of the UK where our service is accessible.
(d) Clear Picture Broadband will be solely provided to you at the designated UK business address provided by you.
(e) No telephone line is required for this service.
(f) Clear Picture reserves the right to cancel the service, suspend or terminate your account for any reason, but not limited to; our belief or suspicion that any registration data you provided was or has become inaccurate, or that your activities or actions in the use of the service could be deemed to be illegal.

2. Using Clear Picture Broadband

(a) Clear Picture Broadband is for business and private use by you, members of your company and other people authorised by you.
(b) You will be registered as the primary user. As the primary user it is your responsibility to nominate, and control access by, additional users and you will retain full responsibility for their actions and activities when using the service.
(c) You are responsible for the security and proper use of your username and password and you must not disclose either. If you know or suspect that your username or password 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) 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 Clear Picture Broadband or your Wireless Router by you or anyone you have allowed to use Clear Picture Broadband.
(e) To protect our network and maintain quality of service for all our users we can temporarily or permanently control or restrict your online activities via Clear Picture Broadband where such activities may have a detrimental effect on other customers’ quality of service and it is reasonable for us to do so.
(f) We may modify or temporarily suspend Clear Picture 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 Clear Picture Broadband and we will restore Clear Picture to you as soon as we can.
(g) Quality of service, maintenance, servicing and service disruption is covered within our broadband SLA.
(h) Clear Picture accepts no responsibility for any material transmitted or received by you.
(i) Clear Picture takes no responsibility for content viewed or stored by you but withhold the right to remove or block any offensive, defamatory or illegal content.

3. The Wireless Router, Aerial and Ancillary Equipment

(a) As part of the Clear Picture Broadband service Clear Picture will supply one Wireless Router to you under this Contract.
(b) An Aerial and or other ancillary equipment may also be provided depending on installation requirements. Full notification of all system requirements will be provided after the initial site survey (see 1a).
(c) All equipment provided (except software) will remain the sole property of Clear Picture and on request must be returned to Clear Picture at the end of the contract. Failure to return this equipment may invoke extra charges to you not exceeding £1000.  System software is owned by or licensed to Clear Picture. You must allow this software to be updated in accordance with the SLA. Updates will happen automatically at no extra charge.
(d) Clear Picture Broadband must only be accessed via your Wireless Router. Your Wireless Router is not supplied as being capable of being used to access any other internet service.
(e) Your Wireless Router and all ancillary equipment is covered under this contract against faults arising during the life of the contract.
(f) The contract also covers cabling. The following are not covered by the contract: faults arising from misuse, accidental or deliberate damage; damage arising from use of equipment that is not supplied by or on behalf of Clear Picture; extension cables and network equipment; cosmetic damage which does not affect the functionality of your Wireless Router; computer equipment, software and cables that we did not supply to you and damage caused by events outside the reasonable control of Clear Picture, or its equipment suppliers.
(g) To report a fault, please call us on 0800 756 6577 or as per the SLA.
(h) Any replacement equipment supplied under the contract will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the end of the contract.
(i) The contract does not apply outside the UK, Isle of Man and the Channel Islands. It does not affect your legal rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk

4. Change of Address

(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 this contract will continue unless you exercise a right to end it under the terms and conditions of this contract.
(c)  We may charge you any costs we reasonably incur as a result of transferring your service to your new Address. We will inform you of the amount of this charge before charging you.
(d) Limited or no broadband coverage at the new address is not a legitimate reason to cancel the existing contract.

5. Paying for Broadband

(a) Unless otherwise agreed, you will be charged the monthly subscription for the product from the date your Broadband is first activated. We will collect the broadband payments in advance each month by agreed payment method.
(b) The installation fee and the first month’s broadband subscription will be due on service activation, thereafter month to month unless otherwise agreed.
(c) Subject to condition 9(c) and 12(a), we may increase your Broadband Payment at any time by giving you at least one calendar months’ notice in writing.
(d) We may also increase your Clear Picture Broadband payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Broadband Payment directly or our pricing structure generally. We will use all reasonable endeavours to provide you with notice in writing as per condition 12(a) before any price increase takes effect under this condition.
(e) If you have provided unauthorised payment or failed to make a payment Clear Picture reserves the right to suspend provision of Broadband without prior notice.

6. Service Changes to Clear Picture Broadband

(a) Should we make any changes to the service, we will inform you with sufficient notice as per condition 12(a).
(b) If we reduce the level of service provided by your chosen product and you reasonably consider that you have been materially disadvantaged by this you may move to another product accessible by you within one month of receiving our notification, or end this contract under condition 10(c), even if you are within your Minimum Term.
(b) 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 one month of receiving our notification.

7. Software

(a) The use of any software provided by us 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 and allow reasonable access for any upgrades to any software needed to maintain the full Clear Picture Broadband service when prompted to do so.

8. Limit of Liabilities

We will not be liable under this Contract to you, or any other person who you allow to use Clear Picture Broadband, for:
(a) Any fault in your wireless router, 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 Clear Picture 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  Clear Picture Broadband, unless caused by us;
(c) Use of your wireless router or network equipment to access any other internet service;
(d) The act of suspending Clear Picture Broadband or ending this contract in accordance with Condition 5(e) and for any other breach of this contracts conditions;
(e) Any delay or failure by us to provide any element of Broadband or part of it 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 or any other reasons of Force Majeure.;
(f) Any loss or damage caused by your use of Broadband, your wireless router, your network equipment, us, or any of our respective officers, employees, sub-contractors or agents in circumstances where;
(g) 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
(h) Such loss or damage is not a reasonably foreseeable result of any such breach.
(i) Any loss or damage caused by Clear Picture 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.
(j) Any loss or damage caused by viruses or unauthorised use of, or attempts to access, Clear Picture Broadband or your computer; and
(k) Any loss or corruption of data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue unless caused by us.
(l) Any failure of monitored safety, security or other alarm systems due to incompatibility with Clear Picture Broadband, or due to the restriction or ending of Clear Picture Broadband, or any other reason which is not due to our fault or neglect.
(m) Loss of service for reasonable periods due to planned maintenance, network upgrades and servicing as per condition 2 (f) and the SLA.

9. Length of the contract – as indicated on the Clear Picture Broadband Order Form

(a) This contract is for 12 months, thereafter monthly recurring.
(b) Failure to comply with payment will result in the service being disconnected with immediate effect.
(c) The terms and conditions of this contract can be subject to change after the initial contract period providing one months’ notice is given under the conditions set out in 12(a)

10. Contract Cancellation – period as per 9 above

(a) Cancellation within the first 12/24 months  from the installation date will incur charges, the remaining months on the contract will still be payable.
(b) Cancellation after the first 12/24 months will require one months written notice as per condition 12(c)
(c) Cancellation within the first 12/24 months of this contract will not incur charges if the material conditions of the contract have not reasonably been met by Clear Picture.
(d) You have the right to cancel this contract by giving us notice as per condition 12(c) at any time between placing your order and:
(e) Expiry of seven days beginning at 8am from the day after the order was accepted.
Note: The right to cancel under condition 10(d1) is removed if agreed on site installation has commenced in which case condition 10(a) will apply

11. Contract transferral 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 or to any other company or organisation , and no third party is entitled to benefit under this contract.

12. Notices

(a) Where we are required under this contract to give you any notice in writing. We can give you this notice by 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).(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 it should be by calling 0800 756 6577 or email  broadband@clear-picture.co.uk

13. Disputes

If you have a complaint or query relating to Clear Picture Broadband, you can contact us directly either by telephone 0800 756 6577 or via our website www.clear-picture.co.uk

14. Law and geographical limits

This Contract is governed by English Law unless you live in Scotland, in which case it will be governed by Scottish Law. Any disputes can be dealt with by any UK court that can lawfully deal with the case.

15. Customers involved in Radio Transmission

16. Data Protection

We may from time to time send you information about our other goods and services which we think may be of interest to you. This may include communications sent by email, or SMS text message. You may unsubscribe from such emails or SMS texts at any time by contacting Clear Picture by email.

We will not disclose any information about you to third parties without your express permission.