Net365 Terms and Conditions (Community Wireless access and general)

For Complaints Policy click here

Who are Net365?

What is the effect of these terms and conditions?

These terms and conditions and any applicable Net365 Charges (altogether the 'Terms') set out the legal relationship between you and Net365 and the basis on which Net365 will provide goods and services to you. 'Services' will include (as applicable) the TruSpeed/Landlord Connect range of internet connection packages available on the community wireless platform and various other internet packages available on our standalone systems we install, Net365 Access equipment, email account and web hosting services, IP address services, firewall services, maintenance and support services (including NetCare), and such other services as are agreed in your order or as Net365 may agree to provide you from time to time.
You agree to be bound by these Terms, either by ticking the box next to 'I accept the Terms and Conditions' on our website or by signing an order (when it is not possible for you to place or confirm an order online), upon delivery of the relevant Terms to you or by your use of the Services or by allowing others to use the Services.
While these Terms set out the express terms on which we agree to provide the Services, nothing in these Terms will affect your statutory rights unless expressly stated otherwise.

How do you order Net365 services?

The ordering process is simple. The majority of Net365’s Services are available by ordering online and you place an order with us, either by following the online order process or by calling our sales line and placing a telephone order (although after the sales desk creates your online account you may still need to provide payment details and confirm your acceptance of these Terms online, or in writing before your order is accepted). Net365's Services will only be supplied to an eligible address that matches the billing address for your chosen payment method and you must be at least 18 years old and a resident of the UK when you place your order with Net365.*

When ordering services from Net365, you must provide a valid email address and you are responsible for maintaining and regularly checking this email. You can update details of your email address in the online customer centre. Net365 will use this email address to contact you for all purposes in connection with the Services.
Once we have received your order, you will receive an email confirmation. Do bear in mind that by placing your order, you are making an offer to enter into a contract with Net365 for the purchase of the relevant Service from Net365 under these Terms, the terms of your order, and any other terms specified by us. Net365 will acknowledge receipt of your order and contact you if we are able to accept your offer. Upon acceptance you enter into a contract with Net365 for the purchase of the particular Service.
Please read the following paragraph carefully as it contains a change to your statutory rights. You agree that if you order Services from Net365 online or otherwise at a distance then Net365 will immediately start work on the technical and operational elements required for provision of the Services upon the issuance of Net365's order acceptance, which shall be prior to the end of any statutory cancellation period, and you acknowledge and agree that you will thereafter not have the right to cancel any Services under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise. At the time of acceptance we will provide you with further details of when we expect to be able to connect you to the Net365 network.

What equipment does Net365 provide?

Net365 will provide you with a welcome pack and arrange for installation of our equipment (“the equipment”) to get you connected to our network. Net365 agrees to lease the Equipment to you for as long as you continue to receive the Services under these Terms. The Equipment remains the property of Net365 at all times and you will need to take good care of the Equipment while it is leased to you.
Upon termination of your contract, the Equipment must be returned to Net365 within 28 days, This can be arranged by contacting our support team by email, phone or post. There is no charge for disconnecting and removing our own equipment at the end of the lease. Any Equipment not returned to us within this timeframe will be subject to a charge of 100% of the original purchase cost being levied against the users account. The charge will be made to your Direct Debit bank account, or card. Please note that if you choose to keep any Equipment after we stop providing Services, it is supplied to you 'as is', without warranty and we are not able to support it online or through our support service.
If your Net365 Supplied equipment develops a fault, Net365 will repair or replace it, providing the fault is not caused by abuse or negligence while in your care. Replacement items of Equipment are available on payment of the applicable replacement items fee(s).

Will you get a static IP address?

You will receive a dynamic IP address unless you're eligible and you choose to receive a static IP address. If you are eligible and you choose a static IP address, you should be aware that the IP address will be re-assigned to another Net365 customer if your internet Service is disconnected or terminated for any reason. Charges may apply for static IP addresses.

How do you get connected?

• If you are on a PAYG 30 day account please send us an email to support@net365.biz and your account will be deleted.
• If you select a 12 month minimum term contract and want to end your contract before you are connected you may do so, but you agree to pay Net365 all connection Charges/installation costs incurred.
• If you select a 12 month contract and you wish to terminate after being connected you will need to choose whether to receive 12 months of Services (and pay all Charges for the 12 month minimum service contract period) or instead choose to pay for 12 months of Services without receiving the Services.

Once you are installed you can upgrade at any time to different speeds available from your members area or by contacting Net365 Support
If for any reason (landlord packages only) your account is suspended for non-payment or overdue accounts. You will be charged a one off fee of £20.00 to re-activate any account/circuit. TruSpeed Packages on a 30 day PAYG contract may reconnect for free just by topping up again.

What is the contract period and how does it end?

Our minimum term contract is 30 days (both TruSpeed and Landlord Connect packages). Depending on the installation, some may carry a minimum 12 months service (typically where the system is of standalone design powered by phone lines) Net365 packages start on the date of our acceptance email, and your Service starts on the date that you have been physically connected to our network
As a 30 day minimum term member you can terminate your Net365 contract at any time without paying any cancellation fees after your initial 30days.
As a 12 Month member you can terminate your Net365 contract at any time during the first 12 months from your Service commencement date providing you pay us the remainder of the contract.

We may terminate your contract or suspend all or part of the Services if:

• you or others using your connection to the Service misuse our Service (see our 'Fair and acceptable usage policy');
• you otherwise breach the Terms; or
• you are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally or inappropriately towards our staff or our property or that of our agents.
• you fail to pay us, by the due date, any money owed to us;

If you have opted to use our optional email and webhosting services the termination period for those services is as set out separately in the terms and conditions for that service.
If you wish to cancel your Net365 service please call our dedicated cancellation team on 01274 900100.
Either party may terminate your contract by giving thirty (30) days' written notice to the other if:

• if there has been a material breach of these Terms by the other party (and this isn't corrected within thirty (30) days of a written notice notifying the breach)
• if an event, outside its reasonable control, prevents us providing the Services for more than thirty (30) days
• if the other is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction; or
• by Net365 only, without cause, after any initial minimum term.

If Net365 is entitled to suspend your Service then all Charges for your Service will remain payable by you notwithstanding such suspension. If Net365 is entitled to terminate your Service (other than without cause), then Be will be entitled to charge you for the Charges which would have been payable to Net365 as if you had provided us with a termination notice on the date of such termination.

What are Net365's payment terms and charges?

Fairly straightforward. You have a responsibility to pay the fees that apply to the Services you're receiving from Net365 (the 'Charges'). These Charges are payable from the day that Net365 confirms that connection is complete and the Net365 Equipment has been installed at your site. Recurring Charges will be collected in advance, while one-off fees will be collected in arrears. Our billing dates usually fall on the first weekday occurring at the beginning of each calendar month unless a quarterly payment schedule has been agreed by both parties.
Our Charges include the following fees:

• Net365 monthly subscription fee - Recurring Charge, paid monthly in advance, for the provision of your monthly broadband Services. The first payment will be pro-rata    from the time of connection to the end of the month but the first two days of service after the date notified to you for provisioning of the Services are free of charge (and you will be refunded pro rata should the actual activation of your Services occur after that period)
• Net365 connection fee (if applicable)- One-off Charge, paid at the time of activating your account
• Net365 equipment replacement fee - Paid if Net365 needs to replace any equipment due to abuse/neglect/theft
• Net365 reconnection fee - Paid if your account is in arrears and been disconnected by our accounts team.

More details of our products and services and full details of our prices can be seen by visiting www.net365.biz/cw/
Net365 does not charge you for any Services provided by our support team and calls are local rate from a BT landline (although call charges may vary from other networks).
Additional information and full details of our prices can be found on our home product page.  If there is a conflict relating to pricing between these Terms and the product pages then the information on the product pages will take precedence; otherwise in the case of any other conflict these Terms will govern.
Net365 accepts payment by Standing order/BACS or a debit or credit card via our online store/payments page. If your account or card details change you must notify Net365 immediately to ensure continuity of your Services.
All invoices will be issued and held on the Net365 website in the member centre. You will need your member Username and password in order to access the member centre. Net365 will email you to notify you when a new invoice has been issued and you are responsible for viewing and taking copies of these invoices.
You must pay Net365 all sums due to Net365 in full and you cannot deduct or withhold any part of the sums you owe us, except as permitted by law.
Interest may be charged by Net365 if you do not pay us in full by the due date. Net365 may charge you interest on any overdue payments from the date you should have paid until Net365 receives full payment of the amount you owe including full interest (whether before or after judgement) at the rate of 2.5 percent per annum above the base rate of Santander plc from time to time.
Please be advised that in the event of Net365 not receiving full payment for Services provided, Net365 have the right to suspend or terminate your Services and take any steps necessary to recover the amount due (including any costs incurred collecting the funds owed).

What happens if there are service interruptions?

Net365 will take reasonable measures to rectify any interruptions in the Services that we provide. However, Net365 cannot be held responsible for disruptions caused as a result of war, strikes, natural disasters or other 'acts of God' and shall not be liable for any delay or failure in the performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control.
Net365 may need to make changes to its network or the technical specification of a Service or may need to suspend provision of the Services for operational or technical reasons. Net365 will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your Services. Obviously we'll do everything which is reasonably in our power to minimise the effect of these disruptions on you.
As you know, it is technically impossible for Net365 to provide a fault-free Service at all times. But, we're committed to providing you with a Service that has as few disruptions as possible. In the unlikely event that you experience a total loss of Service caused by us for more than one (1)% of the time during a 30 day period, you'll be compensated for each day's disruption (including the first 1%) by a credit towards your monthly service fee equivalent to the amount you would have paid for Service on those days. In order to receive this credit, you will need to notify us as soon as the Service failure occurs and request the appropriate credit by contacting our support team when your Service is restored. The credit will be applied to the next monthly payment you owe us.
If Net365 reasonably believes that you are using the Services in breach of your obligations (see "What are your obligations?"), including use of the Service in breach of the 'Fair and acceptable usage policy', we may without liability or further notice suspend Services or in certain circumstances terminate your contract (see above).

What happens if you move home?

If you like our service so much, you can have your new house enabled by us (your new home will need to be in an area that's covered by our network), the Services will simply be moved to your new home.

What are your obligations?

• comply with the terms set out in Net365's 'Fair and acceptable usage policy' (as published on Net365's website from time to time) and ensure that any others using Net365's Services via your account comply with the 'Fair and acceptable usage policy' too
• keep your security information safe and tell Net365 immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account
• provide accurate information to Net365 (especially during the ordering process) and ensure that this information is always kept up to date and accurate
• ensure that your equipment and software complies with all applicable laws and standards and that you have any necessary licenses before you use it to connect to the Net365 network and ensure that your equipment and software is compatible with our Equipment
• only you control the content you upload or download using the Net365 network via your account. We have no responsibility for any such content
• comply with these Terms (and if you opt to use our optional email and webhosting services, with the additional terms and conditions which apply in addition to these Terms (see link)) and any reasonable instructions Net365 gives you. Use of our optional email and webhosting services means that you will be required to use our standard network settings (which includes a block on Port 25 while assigned to our SMTP server). This can only be removed if you you are eligible and you choose to receive our static IP option which enables you to use an alternative server.
• indemnify Net365 against all losses, liabilities, costs (including legal costs) and expenses which Net365 may incur as a result of any third party claims against Net365 arising from, or in connection with your misuse of the Services or breach of these Terms
• you agree not to use the Services for any commercial or business use, except as set out in the 'Fair and acceptable usage policy'
• the 'Code of practice' on the Net365 website relating to complaints and the resolution of disputes applies to you
• all amounts due to Net365 shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against Net365 in order to justify withholding payment of any such amount in whole or in part

From time to time, Net365 may (without notice to you) review, record or check your use of Net365's Services where Net365 is required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with these Terms and the 'Fair and acceptable usage policy'.

What are the limitations of Net365's responsibilities?

Nothing in these Terms shall restrict or exclude either party's liability for fraud or for death or personal injury caused by it or its employees' or agents' negligence.
Except as expressly set out in these Terms, Net365 are not liable to pay damages for use of the Services or any losses caused by delays or interruptions. Net365 are not liable to pay damages if anyone else, other than a paying member, gains access to that member's connection to the Net365 Service, that member's computer and other related equipment or gains access to, destroys or distorts any data or information held by Net365.
Net365 is not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to these goods or services is through Net365's network.
Except as set out in this section and the section called 'What are your obligations?' and except for the requirements for you to pay all Charges owing to us under this contract, neither party's total liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall exceed 100% of the Charges due in that calendar year.
We have no liability other than the duty to exercise the reasonable skill and care of a competent broadband service provider. We do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into) or any other form of economic loss.
You shall at all times be under a duty to mitigate any losses suffered by you.
Each provision of this section is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.

How do we use your data?

We or our agents may record or monitor some telephone calls, emails and any other communications between you and us (or our agents) for training and quality control and our lawful business purposes.
You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks with fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. If you give us false or inaccurate information and we identify or suspect fraud, we will record this. Details of how you conduct your account may also be disclosed to those agencies, law enforcement agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit-related services or other facilities and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, checking details of job applicants and employees, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us.
Information held about you by credit reference agencies may be linked to records relating to your financial associate(s). For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any 'associated' records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer the Services to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this paragraph a 'financial associate' is someone with whom you have a financial link, for example, a spouse, partner or family member.
You authorise us to use and disclose, in the UK and abroad, information about you and your use of the Services including, but not limited to, how you conduct your account for the purposes of operating your account and providing you with the Services, for credit control purposes, for fraud and crime detection and prevention and the investigation and prevention of civil offences or as required for reasons of national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us. You can obtain further details from Net365's Privacy Policy and from our public registration held by the Information Commissioner. If you wish to have details of the fraud prevention agencies from whom we obtain and with whom we record information about you or receive a copy (we will charge a fee) of the information we hold about you, please contact us by writing to the Data Controller Net365 Ltd, 32 The Hardings, Welton, Lincolnshire, LN2 3FE
You also agree to information about you and your use of the Services including, but not limited to, how you conduct your account being used, analysed and assessed by us and the other parties identified above and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, your mobile phone, email, text (SMS), media messaging, or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please write to us Net365 Support Team, Net365 Ltd, 32 The Hardings, Welton, Lincolnshire, LN2 3FE or phone us on 01274900100.
From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with the Terms

Is there anything else?

Should you wish to complain about anything, Net365 are always here to listen. Please put in writing any issues/complaints you may have and send them to Complaints team, Net365 Ltd, 32 The Hardings, Welton, Lincolnshire, LN2 3FE

Net365 may assign your contract or any Service Net365 provides to you to a third party, provided Net365 gives you notice and obtains your consent (not to be unreasonably withheld, conditioned or delayed) if the assignment may have a negative effect on the Services Net365 provides to you. You may not assign this contract or the benefit of any Service Net365 provides to you.
Any failure or delay by Net365 in exercising or enforcing any rights or benefits granted by these Terms won't be deemed to be a waiver of any such right or benefit nor will it prevent Net365 from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.
If a court arbitrator or any government agency stipulates that any part of these Terms is unenforceable, the remaining Terms will still be valid and enforceable.
These Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
The Terms set out the entire agreement between you and Net365 relating to the provision of the Services to you including all intended rights and obligations and supersede any and all previous agreements and understandings between you and Net365 with respect to such provision.

How will we contact each other?

You may contact Net365 by sending a message through the contact us part of the website, by sending an email, by calling our sales and member services hotlines and any important communications (including any notices or other communications required under these Terms) should additionally be sent by post to the address shown on the contact us page.
Net365 will contact you at the email address that you provide (as set out in the 'How do you order Net365's Services?' section) or which you subsequently update in the member centre.

Will any of this change?

We may change the Terms, including the Charges, at any time. If we increase the Charges for elements of the Services you are using or change the Terms to your significant disadvantage, we will give you 30 days' notice in writing before the change takes place. For changes that we need to make to meet legal and regulatory requirements we may not be able to give you 30 days' notice, in which case we will notify you as soon as we can. Changes will be posted on www.net365.biz or we may give you notice in writing, by text (SMS) to your nominated mobile phone number and/or by email where you have supplied your email address to us for this purpose.

Copyright 2012 Net365 Ltd

July 2012