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BT Business Internet Security Pack Terms and Conditions
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Our contract with you
1. The service
The service provides you with a combination of anti-virus and personal firewall/desktop protector. These two distinct pieces of software are provided as a managed service, with automatic updates via the public Internet.
2. Our commitment to you
2.1 When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.
2.2 When does our contract with you start.
You can sign up for the service online at http://www.btopenworld.com/broadband/forwork/solutions/internet_security.html When you have done so, this contract (as set out in these terms and conditions) starts.
Once the service has been activated with your agreement and is available for you to use, you will lose your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 and you can only end this contract as set out in paragraph 11.
Providing the service to you
3. Things we may have to do
3.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades).
3.2 We may have to alter the technical specification associated with the service for operational reasons.
3.3 We may give you instructions on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.
4. Repairing faults in the service
4.1 Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.
4.2 If there is a fault with the service you should contact the BT Business team. You can find out how to contact the BT Business team at www.btopenworld.com/broadband/forwork/solutions/isp_helpdesk.html.
4.3 Sometimes we may monitor or record calls to or from the BT Business team for training or to improve the quality of our customer service.
What we need you to do
5. Paying our charges
5.1 You must pay the charges for the service. Payment will be made by credit card every month for Consumers and on your quarterly invoice if you are a Business Customer.
6. Use of the service
6.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:
(a) fraudulently or in connection with a criminal offence;
(b) to cause annoyance, inconvenience or needless anxiety;
(c) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policies located at www.abuse-guidance.com as may be amended from time to time; or
(d) in a way that does not comply with any instructions that we have given you.
The action we can take if the service is used in any of these ways is explained in paragraphs 8 and 9.
6.2 If we think that your use of the service may:
(i) impair the security of the system and/or the network used to provide the service; or
(ii) cause detrimental performance of the service to you or any other customer;
we may suspend or terminate your access to the service.
6.3 You must not copy or modify this software (unless allowed by law) which is provided to you to enable you to use the service. You will have to comply with the provisions of the Software End User Licence Agreements, which you agreed to when registering for the service. It is important that you only access the service through this software or in an alternative way permitted by us and you must not attempt to circumvent any security measures in the service.
6.4 6.4 When we provide you with the software it, and any associated software, is intended for your use only. The software we provide to you can only be used for your own purposes and is protected by copyright, trademark, and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the software. You must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.
7. Your use of the software
Use of the software is at your own risk and in accordance with the End User Licence Agreement. Use of the software is subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the software.
If things go wrong
8. If you break this contract
We can suspend the service or end this contract by terminating the service (or both) at any time:
(a) with immediate effect if you materially breach this contract;
(b) with immediate effect if we believe that the service is being used in a way described in paragraph 6.1 and 6.2, even if you do not know that the service is being used in such a way;
(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or
(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
9. Matters beyond our reasonable control
If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.
10. Our liability to you
10.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability by paragraphs 10.2 or 10.3 or in any other way.
10.2 We have no liability (whether in negligence or otherwise) nor for any loss not reasonably foreseeable by us when this contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
10.3 Any liability we have of any sort (including liability for negligence) is limited to £250,000 for any event or related series of events and £500,000 for all events in any 12 month period.
10.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
10.5 Each provision of this paragraph 10 operates separately in itself and survives independently of the others.
11. Ending this contract
11.1 This contract can be ended at any time by:
(a) either of us giving 28 days notice to the other; or
(b) you giving us 7 days notice if under paragraph 12 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.
11.2 If you give us notice that ends, or we end this contract, during the first 12 months from the date the service is activated and available for you to use (other than because we have increased our charges or changed the conditions of this contract to your detriment) you must pay all charges payable for the remaining period of that 12 months.
Other things we need to tell you
12. How this contract can be changed
We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect.
13. Your information
We will not sell, rent or share any customer information that we collect and we will not use that information in violation of third party privacy rights.
14. How this contract can be changed
We may change this contract at any time. We will post all changes on our website at www.btopenworld.com.
15. How this contract can be transferred
Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).
16. Waiver
Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.
17. Third party rights
A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
18. The law that relates to this contract
English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
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