General Terms and conditions
Last updated 24 February 2023
zen.co.uk
Contract Information
Contract
reference
Details
Our Details
Zen Internet Limited
Sandbrook Park
Sandbrook Way
Rochdale
OL11 1RY
Our email address
customerservices@zen.co.uk
Services
7.1
9
The specific service we provide to you is set out in your order confirmation
and the Contract Summary provided to you when you ordered the service.
Whilst we will try to ensure that the services are of a high quality, we do
not give any guarantee that the services will be uninterrupted or free from
error and the services are provided on an "as is" basis without guarantee of
any kind.
We are signed up to the Ofcom Broadband Speeds Code of Practice. If your
service performs consistently below your ‘Guaranteed Minimum Download
Speed’ and we can’t resolve it within 30 days you can end your service
without penalty and only pay for the services you’ve used.
Price
The price of your service is set out in your order confirmation we provided
to you when you ordered the service. Details of our call charges are set out
on our web site here: Digital Voice Deals | Zen
Annual Price
Increases - Applies
from the end of your
contract term
14.2
At the end of your Contract Term, we’ll adjust the monthly amount you pay
for your services and increase the price by either the Consumer Price Index
(CPI) rate of inflation or the price increase we receive from our supplier BT
- whichever is higher.
If we increase your price by CPI:
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The CPI rate that we use is announced in January each year and if this is
higher than the price increase we receive from BT then we will adjust your
bill by this amount unless the increase we receive from BT is higher.
For example, the CPI rate announced in January 2023 was 8.8%, so if your
Contract Term ends in 2023 then your price would increase by 8.8 %. So, if
you normally pay £25 for your broadband service, your new monthly
charge would be £27.20.
If the increase we receive from BT is higher than CPI:
The annual price increase we receive from BT is monitored by Ofcom. The
price increases take effect from April each year and are advised to us in
advance. If the price increase we receive is higher than CPI for the same
year the at the end of your Contract Term we will increase your price by the
percentage increase we receive from BT.
In both cases we would always notify you before increasing your charges
Payment
12
We will bill you monthly by email on the date agreed at the time of
ordering. We would prefer you to make your payments by direct debit but
we will also accept payments by BACS faster payment, credit or debit card.
If you pay by direct debit we request your payment 7 calendar days before
the due date on your invoice.
You must pay our bills by the due date stated on your bill. If you have any
problems paying your bill you can contact us at creditandbilling@zen.co.uk
Provision of your
Broadband Service
8.1
We will provide you with your activation date as soon possible after you
place your order. We will do our best to meet this date but all dates are
estimates and we cannot guarantee that they will be met.
Duration, Renewal
and Termination
2.1
18
11.6
The contract term is the length of time you commit to taking a service. You
will be notified of your contract term when you place your order. At the
end of the contract term you service will continue on a month by month
basis unless you specifically enter into a new contract term for a new
service.
You can end your service at any time by giving us 14 days’ notice but if you
do so during the contract term you will still be liable to pay the charges due
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for the service from the date of termination to the end of the contract
term.
If you want to terminate more than one service you must tell us when you
give us notice. If you terminate one service, this does not mean that all
services will be automatically terminated. You must follow the applicable
termination process for each service you receive from us.
If we terminate your service we will give you 14 days notice and we will
refund any charges paid in advance for the period after the termination
date.
When your service ends we may ask you to return the equipment to us or
let us collect it. If you fail to do so, we may charge you for the replacement
cost and recovery costs of the equipment.
Auto Compensation
Full details of our compensation scheme for repair faults, late installations
and missed appointments. are set out on our web site here:
Legal Hub | Zen Internet
Complaints
Full details of our complaints process are set out on our web site here:
Complaints | Zen
You can also download a copy of the Ofocm Approved Complaints Code of
Practice here: Ofcom-approved-complaints-code-of-practice.pdf
Right to Cancel
17
If you have ordered the services online or by telephone you have a legal
right to cancel an order for services within 14 days without giving us any
reason (“cooling-off period”) but if you ask us to provide or you use the
services before the end of the cooling off period your right to cancel ends.
If you cancel your service you must return your router or any other
equipment we have provided to you.
Personal Data
19
We will hold information provided by you in a computerised database. Your
data may be supplied to and processed by our suppliers, to enable us to
provide the services to you. We set out in detail how we hold and process
your personal data in our Privacy Notice here:
Privacy Notice | Notice (zen.co.uk)
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General Terms and Conditions
By using your Zen Internet services you are agreeing to the terms and conditions set out below,
including any changes to them. These terms set out the agreement between:
You (‘the customer’ or ‘you’) and;
Zen Internet Limited (Company Registration Number 03101568) of Sandbrook Park, Sandbrook
Way, Rochdale OL11 1RY (‘us’ or ‘we’)
Our standard terms apply to all of our products, but some services have their own additional
service terms, so please carefully read all the terms that apply to the services you have chosen.
If you have any questions about these terms or the services you can contact us at
customerservices@zen.co.uk
1. Ordering Services
1.1 You can order our services either online via our web site or by calling our sales team on the
number set out on our web site. Please note that we can only provide services at a fixed
location and are not able to provide services on a temporary basis for events such as ‘pop
ups’ or festivals for example.
1.2 When you place an order we will notify you by email to confirm our acceptance. Our
agreement with you starts on the date that we send email acceptance of your order to you.
1.3 We are not obliged to accept your order or provide you with services until you receive this
email confirmation and we have received any initial charges which may be due for the
services. Please note that services are also provided subject to your compliance with these
standard terms and subject to clauses 1.4 and 1.5 below.
1.4 If our survey shows that additional work is required to carry out your installation, we may
need to charge an ‘Excess Construction Charge’ (ECC). If ECCs apply we will tell you how much
they are and get your agreement before proceeding with installation of your services.
1.5 If a survey shows we cannot provide our services to your property, we may cancel any
installation date and terminate our Agreement. We will not have any further liability to you
but will refund any payments you have made for the services prior to installation.
1.6 We will notify you as soon as possible if we require access to your property or a neighbouring
property to activate your service or install any equipment and you agree to give us access and
any information we might need from you to provide the services and equipment.
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2. Contract Terms
2.1 We provide you with and charge you for the services and the equipment for a minimum
period of time (known as the “contract term”). The contract term starts from the date your
service is activated
2.2 Any terms relating to the contract term do not affect your statutory right to cancel set out in
clause 15. You are entitled to cancel your order during contract term provided you are inside
the statutory cancellation period set out at clause 15.1.
2.3 The contract term for your service will be either (i) set out in the relevant service terms; or (ii)
notified to you when you place your order.
3. At the end of your contract term your service will be moved onto a rolling monthly contract.
Installation and Engineer Visits
3.1 We may ask you to install some equipment yourself but if we do we will give you instructions
on how to do this.
3.2 During installation you may lose your internet or telephony services for a period of time
(particularly if you are transferring from another service provider.
3.3 Our engineers may need to visit your property from time to time to (i) install the services or
equipment (ii) carry out routine repairs or upgrades; or (iii) respond to a call from you
regarding a potential fault with the services or equipment; but the engineer won’t be
responsible for connecting any equipment we haven’t provided (for example a games
console).
3.4 We will agree an appointment date with you but we may have to change the date in which
case we will try to give you as much notice as we can.
3.5 You must give us 2 days’ notice if you need to change or cancel an engineer’s visit.
3.6 We may charge you for an engineer’s visit if:
(a) there is no one over 18 years old present and authorised by you to make decisions
in relation to our services and equipment;
(b) you fail to give 2 days’ notice to cancel the visit under clause 5.4;
(c) you report a fault but the engineer discovers the fault was not due to our services or
equipment or the reported fault was not found;
(d) you provide an incorrect address;
(e) our engineer arrives at your property but you no longer wish the work to be carried
out; or
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(f) our engineer cannot access or is refused access to your property for any reason.
4. Supply of Services
We will provide the services to you until our Agreement either expires or is terminated by us
or by you in accordance with these terms.
5. Repairs and Maintenance
To maintain the quality and safety of our services we may from time to time suspend, close
down or restrict some or all of the services to carry out repairs, maintenance or
improvements. We will try to give you as much notice as we can before we do this. Unless it
is an emergency, we will usually carry out repairs, maintenance and improvements outside of
peak usage times to minimise the impact on your use of the services.
6. Using the Services
6.1 You must use the services in good faith and in line with what would generally be considered
to be typical usage for the type of service.
6.2 You must not resell the services.
6.3 You are responsible for the way the services and equipment we provide are used and you
must comply with all applicable laws and instructions from us in relation to the services and
equipment.
6.4 You will keep all passwords and usernames secure and confidential and not make them
available to other people or change them without our permission. You will tell us
immediately if your username or password becomes known to someone else. If we have
reason to be concerned about access to your account we may change or suspend your
password and username from time to time and we will let you know if we do so.
6.5 You are responsible for:
(a) obtaining and paying for any third party services, permits or licences needed for
connecting to and accessing our services and equipment (e.g. telecommunications
services). We may also require you to enter into a separate licence agreement with
the owner of any software we provide to you (as part of the services) where the
software is
not owned by us;
(b) any form of automated dialling system which you have set up (including, but not
limited to, the reliability of such system and any call costs which may be incurred as
a result of its use); and
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(c) the configuration of your internal network. Any interruption to the services
resulting from that configuration shall not be regarded as an interruption or
suspension of the services provided by us.
6.6 You may use the services to link to other networks world-wide, provided that you comply, at
all times, with any policies or terms and conditions imposed by the operators of such other
networks.
6.7 You must not do any of the following acts or allow anyone else to do the following acts in
relation to the services and equipment:
(a) breach any applicable law, commit fraud or any other criminal offence;
(b) 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) cause annoyance, inconvenience or anxiety to anyone else;
(d) "spam", send or provide unsolicited advertising or promotional material or,
knowingly receive responses to any spam, unsolicited advertising or promotional
material sent by any third party;
(e) use the services or equipment in a way which could harm the services or equipment
or which could negatively affect our business or reputation or our other customers;
(f) breach any of our Policies or any other third party licences which apply to the
services or equipment;
(g) copy or modify the software unless you are legally allowed to;
(h) copy, redistribute or publish any material or information in breach of any rights of a
third party (including intellectual property rights);
(i) circumvent any security measures in the services; or
(j) perform any unauthorised IP or port multicasting, spoofing, broadcasting, vectoring,
filtering translation or routing.
6.8 You agree that we may:
(a) modify any digital content we provide;
(b) scan any IP addresses allocated to you for anything which may present a potential
risk to our network or to other internet users; and
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(c) refuse or terminate the display of any material or information provided by you
which we believe breaches any applicable laws or third party rights (including
intellectual property rights).
6.9 If, as part of the services, you are provided with web space to enable you to upload your own
websites, you are responsible for any material on your websites and will indemnify us against
any and all costs, claims, losses, expenses, damages, awards, proceedings, demands and
other liabilities we suffer in connection with any material on your website.
6.10 If you breach our Agreement in any way we may, at our sole discretion, without notice or
refund either:
(a) suspend or terminate our Agreement;
(b) make an additional charge; or
(c) block access to or suspend any part of the services or equipment.
7. Faults and Quality of Service
7.1 Whilst we will try to ensure that the services are of a high quality, we do not give any
guarantee that the services will be uninterrupted or free from error. Where necessary for
commercial, technical or other reasons a third party network or service provider we use may
suspend or terminate their connection to the services. You agree that suspension or
termination will not constitute a breach by us of the Agreement and that the services are
provided on an "as is" basis without guarantee of any kind.
7.2 You must report any fault with the services or equipment as soon as possible by contacting us
as follows:
(a) by telephone on 01706 902 001;
(b) by e-mail sent to us at: [email protected]o.uk; or
(c) online at www.zen.co.uk/support.
7.3 You acknowledge that any fault with the services or equipment may take some time to
resolve while the cause is identified and a repair carried out. You agree that you will allow us
a reasonable period of time to investigate and resolve any fault with the services or
equipment.
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8. Broadband
8.1 We will endeavour to activate the Broadband Services by the date notified to you following your
Order, however all dates are estimates and we cannot guarantee that they will be met.
8.2 When the Broadband Services are being activated at your premises, you may lose your
telephone service for approximately two hours as your existing connection needs to be adjusted
to allow you to access the Broadband Services. We will endeavour to make any loss of
telephone service as brief as possible however where we need to work with a third party to
make your connection the timing may be outside of our control.
8.3 We cannot accept any liability for any costs, expenses, losses, damages or other liabilities
(howsoever arising) which you may incur as a result of the timing of the activation or the period
of any loss of service referred to in clause 2.2 above.
9. Broadband Speed
9.1 If your Broadband Service is continuously performing below outside of the ‘Guaranteed
Minimum Download Speed’ we provided in the confirmation email we sent to you and we are
unable to resolve the issue within 30 days of you reporting this issue to us, then you may
terminate our agreement without penalty but the charges for your use of the services up to
the point of termination will not be refunded.
10. Domain Names
10.1 If we provide you with domain name services:
(a) you confirm that you are the owner of or have full rights to use any name requested
by or allocated to you. Where we find this is not the case, we may refuse or
withdraw use of the relevant name;
(b) we cannot guarantee that any name requested by you will be available or approved
for use;
(c) internet domain names are registered and provided to you in accordance with
terms and conditions issued by the regulatory body responsible for the
maintenance of those domain names (for example: Nominet, Network Solutions,
EurID and Melbourne IT) and you agree to comply with such terms and conditions;
(d) you agree that all static IP addresses are allocated to you on a rental only basis
(e) and will remain our property at all times.
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11. Using Equipment
11.1 We may provide equipment to you for the duration of our Agreement. The equipment is our
property or our suppliers’ property at all times (unless we have agreed to sell you the
equipment and you have paid in full for it).
11.2 Any equipment we provide will be tested by us and configured to meet your basic network
and internet specifications but we cannot support any alterations you make to the
configuration of that equipment.
11.3 If you believe any item of our equipment to be faulty, you must notify us immediately.
11.4 You are responsible for making sure that our equipment is used safely and properly including
but not limited to:
(a) keeping the equipment secure on your property and insuring such equipment
against loss, theft or damage;
(b) following all instructions we give to you and any manufacturer’s instructions;
(c) maintaining appropriate anti-virus protection;
(d) setting and keeping up to date any parental controls or any other controls if
available for a service; and
(e) not tampering with or damaging any part of our equipment.
11.5 You agree to tell us immediately about any loss or damage to our equipment by contacting us
at: customerser[email protected]. You are responsible for any loss of or damage to our
equipment and we may charge you for such loss or damage.
11.6 If this Agreement ends or you wish to upgrade the equipment we provide, we may ask you to
return the equipment to us or (at our option) allow us to collect it from you, in a reasonable
condition. If you fail to do so, we may charge you for the replacement cost and recovery
costs of the equipment.
11.7 Unless we have agreed to provide you with equipment, you are responsible for providing
your own equipment to support the services (including where applicable, a computer, a
modem and any necessary telephone lines).
11.8 Where you are using your own equipment in relation to the services or equipment:
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(a) you will ensure such equipment complies with all applicable laws (including but not
limited to ensuring such equipment bears the European Consumer Equipment
Standards "CE" mark);
(b) you will only connect safe equipment to our network that will not harm our network
or our other customers’ equipment;
(c) you are responsible for ensuring your equipment is technically compatible with the
services and we do not guarantee that such equipment will work with our services
or our equipment;
(d) we will not provide support for your equipment and will not be responsible for any
loss of or damage to your equipment or any other loss or damage caused by your
equipment.
12. Paying for the Services
12.1 You must pay the charges for our services and equipment as agreed when you order your
service.
12.2 We will bill in you on a monthly basis by email or as agreed at the time of ordering.
12.3 We would prefer you to make your payments by Direct Debit but we will also accept
payments by BACS faster payment, credit or debit card. If you pay by direct debit we request
your payment 7 calendar days before the due date on your invoice.
12.4 You must pay our bills by the due date stated on your bill. If you have any problems paying
your bill, please contact us at creditandb[email protected].uk as soon as possible.
12.5 We will usually send reminders to you for late bill payments. If you fail to make payment by
the due date we may:
(a) terminate the Agreement, in whole or in part immediately on giving you written
notice;
(b) require you to make regular instalment payments in advance on account of any
future charges; or
(c) suspend your service or take such other measures to restrict the services or
(d) recover payment as we may consider appropriate.
12.6 You agree that you will notify us as soon as possible of any change in your details including
but not limited to your credit/debit card or bank account details. Should you terminate the
services, it is your responsibility to terminate any standing order with your bank.
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13. Moving Home
If you’re moving home you should let us know at least 14 days before, to request the transfer
of your service. When we transfer your service due to a home move your existing contract
will be terminated. If your move home during the contract term you may still be liable to pay
the charges due for the services for the whole contract term. A new service will be provided
at your new address and you will need to enter into a new contract for services with us.
14. Changes to Your Contract
14.1 Consumer Price Promise. If you are a Consumer customer, we will not change the agreed
fixed monthly charges during your contract term unless we are required to do so by a
regulatory body. At the end of your contract term we may increase your monthly charges
by giving you at least one calendar months notice. Once you are outside of your contract
term annual price changes as set out in clause 14.2 will apply to your service.
Sometimes we may need to increase charges which are not included in your fixed monthly
charges such as call charges or any other service which is charged on a ‘pay per use’ basis.
The Consumer Price Promise does not apply to these charges. We will always give you notice
before we do this.
14.2 Annual Price Changes. This clause applies from the end of your contract term.
Each year a price increase will be applied to your charges. We will tell you when the price
increase applies for each service. The increase will be rounded to the nearest penny and will
be calculated by multiplying your existing charges by a maximum of the higher percentage
figure of either: (a) the Consumer Price Index rate figure published by the Office for National
Statistics in January of the relevant year (but not including any negative rates); or (b) the
percentage price increase figure we receive from our supplier BT.
14.3 Other Price Changes. We may also change the charges at any time if:
(a) we change a service, service features or equipment to improve the services for the
benefit of our customers;
(b) the cost of providing a service or service features increases (for example, the
businesses we buy from increase their prices);
(c) the cost of running our business increases;
(d) we reorganise the way we run our business; or
(e) there's a change in a law, code of practice, regulation, guidance or responsibility
that applies to us (for example, if there's a VAT increase).
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If we make a change to the charges under this clause 14.3 you may cancel this agreement
without penalty as long as you give us notice to cancel this agreement within 30 days of the
date of the notice we sent you.
14.4 Lifetime Price Guarantee. If you entered into your Agreement before 31 May 2022 and your
service has a Lifetime Price Guarantee additional terms and conditions apply and can be
found here https://www.zen.co.uk/resources/docs/default-source/document-
library/standard-terms-and-conditions/lifetime-price-guarantee-terms-and-conditions.pdf
14.5 We may at any time make changes to the terms of our Agreement and/or the services and
equipment if:
(a) we believe changes are necessary to improve the services for the benefit of our
customers;
(b) there is a technical or operational reason for such changes;
(c) there is a change in the law or regulation of the services or equipment;
(d) we need to clarify our terms or we wish to have all our customers on the same
terms; or
(e) there is a change in circumstances which we could not have predicted and which
means a change is necessary.
14.6 If we make changes we will try to give you at least 30 days’ notice unless:
(a) the change is minor and does not affect you significantly; or
(b) the change is for legal or regulatory reasons.
14.7 If we make a change that is to your significant disadvantage, you should notify us as soon as
possible. If we are unable to undo that change, you may end our Agreement without penalty
by giving us at least 30 days’ notice. Your notice must be given within 30 days’ of the changes
being notified to you. You will not have to pay any charges for the remainder of any
minimum period which may apply to the services.
15. Changing Your Services (Regrades and Packages)
15.1 If you want to make a change to your Services contact us at customerservices@zen.co.uk
15.2 If you change your service (upgrade or downgrade) during the contract term you may still be
liable to pay the charges due for your original service for the remainder of the contract term.
15.3 If we provide you with 2 or more services as a ‘package’ and you decide to remove services
from that package you may still be liable to pay the charges due for the removed services for
the remainder of the contract term and the price of your remaining services may increase.
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16. Our Responsibilities to You
16.1 We do not restrict or exclude any liability to you for (i) death or personal injury resulting from
our negligence; (ii) fraud; or (iii) any of our liabilities which we cannot legally exclude
including liability under Part 1 of the Consumer Protection Act
16.2 Apart from as set out in clause 16.5, we will not be liable to you under the Agreement for:
(a) any fault in any equipment caused by tampering or negligence (unless caused by us)
or by your failure to follow our reasonable instructions or comply with any of the
terms of our Agreement;
(b) any loss or damage caused by viruses or unauthorised use of, or attempts to access
the services or equipment;
(c) any loss of business, contracts, profits, anticipated savings, reputation, or revenue;
(d) any other reason which is not due to our fault or neglect;
(e) your use of any modem, wireless router or any other equipment that we have not
supplied to you in order to access our services;
(f) any loss or corruption of data; or
(g) any special, consequential or losses that would not normally result from the thing
that went wrong (known as ‘indirect losses’).
16.3 You acknowledge that the internet is separate from the services and that use of the internet
is at your own risk and subject to applicable laws. We have no responsibility for any goods,
services, information, software, or other materials which you may obtain from a third party
when using the Internet and we will not be liable for any loss, costs or damages incurred by
you in any dealings you may have with other individuals or organisations while using the
services.
16.4 We may exercise editorial control over the content of our servers and block access to certain
third party material. However you acknowledge that we do not have the resources to ensure,
nor are we capable of checking, the full content of our servers at all times. We are not able to
control the content of the internet. You, therefore, agree that we shall not be held
responsible for the publication, transmission or information of any kind, other than
information which is inserted by us. You specifically acknowledge that we have given no
warranties as to the quality, content or accuracy of information received through, or as a
result of the use of, the services or equipment.
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16.5 Apart from clauses the reasons in clause 16.1, our total liability to you is limited to the lesser
of the
amount of charges paid by you to us in accordance with the Agreement or £1,000 (one
thousand UK Pounds).
Cancellation Period
17.1 If you have ordered the services online or by telephone you have a legal right to cancel an
order for services within 14 days without giving us any reason (“cooling-off period”) from the
date we make our agreement. For example if your agreement starts on the 1
st
then you may
cancel the agreement no later than the 15
th
.
17.2 To exercise the right to cancel, you must inform us of your decision to cancel your order in
writing (by post or email).
17.3 If you ask us to commence the services before the 14 day period has ended, your right to
cancel ends, even if you have not started using the service provided. If you use the service
before the 14 day period has ended then you right to cancel also ends. If you cancel a service
before we provide it, you may have to pay for any work that has been done towards
providing the service.
17.4 If you cancel your order, we will reimburse any payments received from you by the same
means of payment. We will make the reimbursement within 14 days of your notice of
cancellation unless we have supplied any equipment to you; in which case we will make the
reimbursement within 14 days of receipt of the returned equipment.
17.5 You must send back the equipment or hand it over to us within 14 days of cancellation. You
will have to bear the direct costs of returning the equipment. We may make a deduction from
any reimbursement if the equipment is devalued as a result of unnecessary handling by you
but you will only liable for any reduction in value of the equipment which results from your
handling other than required to establish the nature, characteristics and functioning of the
equipment.
18 Suspension and Termination
18.1 You can terminate the Agreement or any part of the services at any time by giving us 14 days’
notice in writing but if you chose to do so during the contract term you will still be liable to
pay the charges due for the services for the whole contract term regardless of the reason for
termination.
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18.2 Should you wish to terminate a particular service in accordance with this clause 18, you must
do so online at https://portal.zen.co.uk/ or, where internet access is unobtainable, give
written notice to us in accordance with clause 20.
18.3 If you have multiple Services and terminate one Service, this does not mean that all Services
will be
automatically terminated. You must follow the applicable termination process for each
Service you receive from us
18.4 Without affecting our other rights to terminate the Agreement, we may terminate the
Agreement or all or any of the services on 14 days’ written notice to you (the notice must not
expire before the end of the contract term) without incurring any liability except for payment
of a refund under clause 16.5.
18.5 If we terminate the Agreement or any services under clause 18.4, we will refund any charges
paid for any period of service after the termination date. Any refund due will be made direct
to your credit card or bank account (notified to us for this purpose) by BACS transfer. Should
you fail to provide suitable bank or credit card details to allow a refund to be made, you will
lose the right to such refund.
18.6 You agree that we may suspend or terminate the services and/or terminate the Agreement
immediately at any time (including during any contract term), without prior notice or refund
to you, and without affecting any of our accrued rights or claims:
(a) where we reasonably believe that the services are being used in breach of
applicable laws;
(b) where we are required to do so by a government or regulatory authority;
(c) for late payment of the charges or any other sum due from you under the
Agreement;
(d) if you or anyone else using a service act towards our staff or agents in a way which
is unsuitable or serious enough to justify suspending or ending a service.
(e) in the event of your bankruptcy or death;
(f) for any other material breach of the Agreement by you; or
(g) where you have intentionally breached the Agreement in any other way.
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18.7 You acknowledge and agree that our resources, used in providing the services, are limited
and that any reckless or wasteful use of the services by you may affect those resources and
the services provided to our other customers. You agree that we may suspend or terminate
your access to the services where we decide, acting reasonably, that you are using the
services in a reckless or wasteful manner.
18.8 Any suspension of the services by us in accordance with this Agreement will not constitute a
termination of the Agreement and we may require you to pay a reconnection fee to
recommence the services together with any applicable charges.
19. Personal Data
19.1 You agree that we may hold information provided by you to us in a computerised database.
You agree that such data may be processed and may, in certain circumstances, be supplied to
and processed by our suppliers, to enable the provision and maintenance of the equipment
and/or services. We set out in detail how we hold and process your personal data in our
Privacy Notice.
19.2 If you request an IP assignment of eight or more real IP addresses we may add your contact
details to the Reseaux IP Europeens database.
19.3 You acknowledge that we may, from time to time, be required under certain laws and
regulations to co-operate with and disclose data to, government or other bodies and/or
authorities.
20. Notices
20.1 You agree to keep the contact details which you have provided to us up to date. Any notice or
other information to be served by us on you in accordance with the Agreement will be validly
sent if in writing and sent by either email or first class post to your last known email or postal
address.
20.2 Other than for termination of a service under clause 18, any notice served by you on us must be
in writing and sent by post or email and shall be deemed served either 2 days after posting or, if
sent by email, on production of a read receipt in the case of email.
21. Other Matters
21.1 Our Agreement is just between you and us and no one else can enforce it. You can only
transfer it with our consent. We can transfer our Agreement to another company provided
this does not adversely affect your rights under our Agreement.
21.2 We will not be liable for failing to perform our obligations under the Agreement if we are
prevented from doing so by something outside our reasonable control (including but not
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limited to war, terrorist activities civil disorder, industrial disputes, damage or vandalism to
our systems or equipment, lightning, flood or severe weather conditions, fire or explosion,
actions of local or national government or other authorities). If any event continues for more
than 90 days, then either you or we may terminate the Agreement immediately.
21.3 Each of the clauses and sub-clauses of our Agreement operate separately. If any court or other
relevant authority finds any of the terms of our Agreement to be invalid or unenforceable, the
other terms of this Agreement will not be affected.
21.4 If we delay in taking any steps under our Agreement against you for breaching our Agreement,
that does not prevent us taking steps against you at a later date.
21.5 Our Agreement is governed by and interpreted in accordance with the laws of England and
Wales (or the laws of Scotland if you live there). Any dispute arising in connection with the
Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales
(unless you choose the courts of your home in Scotland or Northern Ireland).
