Our contract with you

1. The service

The service gives you high-speed network access to the internet, a range of internet services and applications as described at www.lcbroadband.com and will be provided to you at the premises we agree with you (your premises).

2. When does our contract with you start

You can sign up for the service by telephone.
When you have done this, this contract (as set out in these terms and conditions) starts.

3. Our commitment to you

When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.

Providing the service to you

4. Getting started

4.1 Before we can be certain that we can provide you with the service, we need to do the following:

a. successfully complete a line test and survey; and

b . if applicable, successfully install the equipment needed for you to use the service; and

c . successfully activate the service.

d. If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.

e. If we need to install our equipment at your premises we may give you some advice on preparing your premises. As a minimum, you will need to provide a suitable location for our equipment and those items listed at www.lcbroadband.com

4.3 If we need to access or put our equipment on someone else's premises in order to provide you with the service you will need to make any necessary arrangements.

4.4 When equipment is being installed at your premises the normal expectation is that you will be likely to lose your telephone service for between a few minutes and two hours. This is because your existing connection needs to be replaced to allow you to access the service. If we are installing the equipment, we will try and make any loss of service as brief as possible.

4.5 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.

4.6 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.

5. Our equipment

5.1 So that the service remains safe and secure, our equipment connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.

5.2 If you damage or lose our equipment, we may require you to reimburse us for the reasonable charges for repair or replacement.

5.3 We may want to recover our equipment from your premises at the end of this contract and you agree to allow us to do this.

6. Accessing your premises

We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.

7. Making sure the service is secure

7.1 We will issue you with a set of usernames and passwords. These are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.

7.2 To ensure that the service remains secure, you must not change or attempt to change a username.

7.3 If we think there is likely to be a breach of security or misuse of the service we may:

(a) change your password and then we will notify you that we have done this; and/or

suspend username and password access to the service (please also see paragraph 16).

7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.

7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.

8. Things we may have to do

a. We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension.

b . We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can. The technical specification will only be changed where this will not materially affect the performance of the service.

c. We may give you instructions about health and safety issues when using the service, or 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.

9. Repairing faults in the service

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.

What we need you to do

10. Paying our charges

10.1 You must pay the charges for the service that are set out in the price list avalible on request. This price list is part of this contract.

10.2 We will begin charging you for the service on the date that the service is activated and available for you to use.

10.3 You will have to pay the charges in advance as detailed in your order/contract. We may charge daily interest on late payments at a rate equal to 4% per annum above the base lending rate of HSBC Bank plc.

10.4 Failure to meet payments by the due dates as invoiced will result in immediate, temporary or permanent termination of the service.

11. Use of the service

11.1 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 send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;

(c) to cause annoyance, inconvenience or needless anxiety;

(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;

(e) in any way which in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;

(f) 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

(g) 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 15 and 16.

11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). 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.

11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.

Other uses of the service

12. When we provide you with content

12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.

12.2 The content 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 content.

12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content
(for whatever purpose) is at your own risk.
a. Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease
when this contract ends.

13. Your web site

13.1 As part of the service you may be able to set up your own web site(s). If you do this you are responsible for the material that you or anyone else puts on your web site(s). You must include your contact details (e.g. email address) clearly on your web site(s).

13.2 Material on your web site(s) must not, and the use of it must not, in any way be unlawful. In particular, you must ensure that all necessary licences and consents (including those from owners of copyrights, performing rights and any other relevant intellectual property rights) have been obtained.

14. Your use of the internet

The service allows you to access the internet. The internet is separate from the service and use of the internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the internet.

If things go wrong

15. If you break this contract

Either of us can end this contract immediately on notice at any time if the other:

a. commits a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;

b. commits a material breach of this contract which cannot be remedied;

c. is repeatedly in breach of this contract; or

d. is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.

16. Suspension of the service

16.1 Instead of terminating the service under paragraph 15 we can choose to suspend the service. If we do this we can still end this contract at a later date. If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither have ended this cont) when you satisfy us that you will only use the service as we have agreed.

16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.

17. 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.

18. Our liability to you

18.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.

18.2 We have no liability (whether in negligence or otherwise) for any indirect or consequential loss, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.

18.3 Any liability we have of any sort (including liability for negligence) is limited to £500,000 for any event or related series of events and £1,000,000
for all events in any 12 month period.

18.4 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.

18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.

Ending this contract

19. Once the service has been ordered, you can only end this contract as set out in paragraph 20, and the Consumer Protection (Distance Selling) Regulations 2000 will not apply.

20. After the service has been activated
This contract can be ended by:

(a) either of us giving 28 days notice to the other; or

(b) you giving us 14 days notice if under paragraph 21 we inform
you we are increasing our charges or changing the conditions of this
contract to your detriment.

20.2 If you give us notice that ends, or we end this contract under paragraph 15, during the contract period (other than because we have increased our charges or changed the conditions of this contract to your detriment or as a result of a contracted special offer) you must pay all charges payable for any remaining period of the contract.

20.3 If you have paid any charges for a period after the end of this contract referred to in paragraph 20.2, we will either repay these charges or put them towards any money you owe us.

Other things we need to tell you

21. How this contract can be changed

We may change this contract, including our charges, at any time. We will give you at least 28 days notice of any changes before they take effect.

22. How this contract can be transferred

Neither of us can transfer this contract 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).

23. How to give notice

23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:

(a) To us: at the postal address or email address shown on www.lcbroadband.com or an alternative address which we may give you.

(b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.

23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.

24. Waiver

Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.

25. 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.

26. 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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Link-Connect Internet Biz additional terms and conditions

These additional terms and conditions only apply if you have signed up for the Biz500, Biz1000 or the Biz2000 packs. Otherwise, please disregard them.

Our contract with you

1. The service

The Internet Biz packs gives you the internet services and applications described at www.lcbroadband.com.

2. These additional terms and conditions

These terms and conditions apply in addition to the terms and conditions you agreed to with us that deal with your internet access.

3 When do these additional terms and conditions apply

You can sign up for the Internet Biz Pack by telephone. When you have done this, these additional terms and conditions apply.

4. Changes to your internet access terms and conditions

4.1 While these additional terms and conditions apply, “the service” referred to in paragraph 1 of your internet access terms and conditions is expanded to also include the Internet Business Pack services and applications. So, all the internet access terms and conditions will now also apply to the Internet Business Pack, except that paying our charges for the Internet Business Pack and ending the Internet Business Pack are dealt with by paragraphs 6 and 7 below.

5. Getting started

5.1 By signing up for the Internet Business Pack, you are agreeing to immediate provision of the Internet Business Pack and you cannot cancel it under the Consumer Protection (Distance Selling) Regulations 2000.

What we need you to do

6. Paying our charges

In addition to our charge for internet access, you must pay the charges for the Internet Business Pack that are set out in the price list available on request. This price list is part of these additional terms and conditions.

7 Ending the Internet Business Pack

7.1 These additional terms and conditions for the Internet Business Pack can be ended by:

(a) us giving one month’s notice to you; or

(b) you giving us seven days’ notice if we inform you we are increasing our charges or changing the conditions of the contract to your detriment.

7.2 If you give us notice that ends, or we end the contract and are entitled to do so because you have broken the contract, during the first 12 months from the date that the Internet Business Pack is activated and available for you to use (other than because we have increased our charges or changed the conditions of the contract to your detriment) you must pay all charges payable for any remaining period of that 12 months.

7.3 If you have paid any charges for a period after the end of the contract beyond the 12 months referred to in paragraph 7.2, we will either repay these charges or put them towards any money you owe us.

The remaining paragraphs are stated for you if you are not a Connect customer (as the features these paragraphs deal with are already covered in the Connect internet access terms and conditions).

8. Domain name

8.1 For each billed account you can apply for one free .co.uk domain name, or transfer an existing .co.uk domain name to your LCBroadband Internet Business Pack account free of charge. Your first .co.uk domain name registered on, or transferred to, a particular account will be the free domain name for that account.

8.2 We will register the free domain name and its URL with the internet registration authorities and will pay the registration and rental fees for the duration of the contract.

8.3 If you end the contract or ask us to cancel the free domain name or to transfer the free domain name to another internet service provider within two years of the date we register the free domain name or transfer it to your LCBroadband Internet Business Pack account, we will charge you £95 plus VAT to cover administration costs.

8.4 If you ask us to register a domain name for your web site, or have a domain name transferred to your LCBroadband Internet Business Pack account in addition to your free domain name, there is a minimum rental period of 12 months from the date we register or transfer the domain name. If you cancel registration of this domain name or transfer the domain name to another internet service provider within this 12 month period, you must pay the outstanding rental to us for the remaining part of the 12 month period.

9. Web Design

9.1 If you use a web design service offered by us, you acknowledge that the scope of this service is strictly to provide a framework for your web site.

9.2 You also acknowledge that in providing a web design service, we are not providing consultancy or any other advice in regard to the substantive information that you may choose to place on your web site.

9.3 To provide a web design service, we will need to log in on your behalf using your username and password. You consent to our doing this and must change your password as soon as you have signed off the final approval of your web site.

9.4 If you order a web design service and cancel it before signing off the final approval of your web site you will be required to pay us for the work undertaken by us (or our subcontractor) as follows:

(a) for the ‘Custom Web Service’, 40% of the total charge for the service if we have started or completed the first web page,

plus a portion of the remaining charge for the service equal to the number of further pages started or completed, divided by the number of further pages ordered.

10. Common Gateway Interface ("CGI")

10.1 If you are using the ‘Custom CGI’ facility, you must do so in accordance with the CGI Guidelines available online at www.lcbroadband.com.

10.2 We can (immediately and without giving notice) remove or disable any CGI scripts from any of our servers if there is a breach of any of the CGI Guidelines or if any of these CGI scripts adversely affect or we think they are likely to adversely affect:

(a) the security of any servers or other infrastructure used by us in the provision of the service to our customers;

(b) the person who provided such CGI script(s); or

(c) the quality of service or our ability to provide the service to you or any other customer.

10.3 We may change the CGI Guidelines from time to time. We will endeavour to give you notice of changes to the CGI Guidelines at least 14 days before they take effect, but we reserve the right to make changes on less than 14 days’ notice in circumstances where failing to do so could result in CGI scripts being removed or disabled as referred to in paragraph 10.2 above.

11. Local Area Network (LAN) access

11.1 If you have an Internet Business Pack account and access the service via a LAN, you are responsible for:

(a) providing and maintaining a suitable LAN and internet protocol (IP) router capable of interfacing satisfactorily with the service;

(b) configuring the IP router; and

(c) appointing a system administrator, who will be our point of contact for matters relating to the service.

11.2 We are not responsible under the contract for providing any technical or other support to your LAN. The IP addresses that are allocated to you are for use in connection only with the service and all rights in those IP addresses belong to us. You must not sell them or agree to transfer them to anyone else or try to do so. If the contract is terminated for any reason the IP addresses will revert to us.

11.3 If you or anyone alters firewall settings, tampers with the IP router or fails to maintain it (including, without limitation, altering router settings), we may suspend your access to the service. In addition, we reserve the right to charge you if you do any of these things as we may incur costs.

11.4 If you purchase additional remote support for your LAN account, you must not exceed the number of authorised users you have selected. You can increase the number of authorised users by contacting the help desk.

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