Our contract with you

1. The service

The service gives you access to the internet. You must forward a Calling Line Identification (CLI) to get this service.

2. 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

3. Things we may have to do

1. We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades).
   
2. We may have to alter the technical specification associated with the service for operational reasons.
   
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

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.
   
2. If there is a fault with the service you should contact the BT Openworld team. You can find out how to contact the BT Openworld team at http://www.btclick.net/
   
3. Sometimes we may monitor or record calls to or from the BT Openworld team for training or to improve the quality of our customer service.

What we need you to do

5. Paying our charges

1. You must pay the call charges you incur while using the service which are determined by your telephone service provider and may change from time to time. These will appear on your telephone bill.
   

6. Use of the service

1. You must take all reasonable precautions to ensure that no one (including you) uses the service:

• fraudulently or in connection with a criminal offence;
  
• 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;
  
• to cause annoyance, inconvenience or needless anxiety;
  
• 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;
  
• 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
  
• 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.

2. If we think that your use of the service may:

• impair the security of the system and/or the network used to provide the service; or
  
• cause detrimental performance of the service to you or any other customer;
  
• we may suspend or terminate your access to the service.

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. 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.

4. 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.

7. 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

8. If you break this contract  

We can suspend the service or end this contract by terminating the service (or both) at any time:

1. with immediate effect if you materially breach this contract;
   
2. 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
   
3. 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
   
4. 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

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.
   
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.
   
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.
   
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.
   
5. Each provision of this paragraph 10 operates separately in itself and survives independently of the others.
   

11. Ending this contract             

This contract can be ended at any time by:

1. us ceasing to provide your service; or
   
2. you ceasing your use of the service.

Other things we need to tell you

12. How this contract can be changed

We may change this contract at any time. We will post all changes on our website at http://www.btclick.net

13. 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).

14. Waiver

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

15. 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.

16. The law that relates to this contract

English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.