Broadband Terms and Conditions of LCC Communications
The following Terms and Conditions should be read in conjunction with the LCC Registration Form. Wherever any conflict exists between these Terms and Conditions and the Registration Form, the Terms and Conditions will apply.
1 DEFINITIONS
1.1 ACT refers to the Telecommunications Act 1984.
1.2 ADSL EQUIPMENT means any equipment supplied by LCC or any third party to you to enable provision of the ADSL Service under this Agreement.
1.3 AGREEMENT refers to this agreement and any Registration From between you and LCC for the procurement of Broadband Services. You may have access to other LCC products and services which are subject to separate Terms and Conditions which are not incorporated into this Agreement. You must comply with the Terms and Conditions for each product or service.
1.4 CONTRACT EFFECTIVE DATE means the date when your Service is entered into LCC’s computerised records.
1.5 CUSTOMER EQUIPMENT refers to any telecommunications and computer equipment supplied by the Customer for the purposes of accessing the LCC Broadband Service and for which the Customer is responsible.
1.6 CUSTOMER SERVICE DESK means people acting on behalf of LCC Communications to respond and deal with Customer Broadband queries, issues and requests.
1.7 LCC refers to LCC Communications Limited of Pragnell House, Sopwith Close, Preston Farm Business Park, Stockton-on-Tees TS18 3TT.
1.8 LICENSED OPERATOR means a licensed supplier to LCC.
1.9 MINIMUM PERIOD refers to the first 12 months of Service.
1.10 PREMISES refer to the premises where LCC Broadband Service is to be received.
2 PROVISION OF THE SERVICE
2.1 The Service we supply is the connection and supply of a system capable of delivering the Service to you. Whilst we will take all reasonable skill and care in providing the Service, we do not guarantee that it will be fault free. In the event that you encounter a fault you must report this to our Customer Service Desk and not to any other Licensed Operator. We can only provide the Service in areas of the United Kingdom in which we are technically able to offer broadband services.
2.2 Failure to comply with any LCC Terms and Conditions will entitle us to terminate your Broadband Service Agreement.
2.3 On occasion, we or another Licensed Operator may need to interrupt, suspend or change the technical specification to the Service for operational reasons or because of an emergency. In such event you will have no financial claim against LCC.
2.4 You may not:
2.4.1 Redistribute, encumber, sell, rent, lease, sub-licence, copy or use the service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part; or
2.4.2 use the Service except in conjunction with our recommended operating environment; or
2.4.3 modify the Service without our prior written consent.
3 YOU MUST:
3.1 You hereby give permission to LCC and its employees, agents and contractors on request & reasonable notice to:
3.1.1 execute any works on your Premises for, or in connection with the maintenance, adjustment, repair or alteration to either the Service or the ADSL Equipment;
3.1.2 keep and operate ADSL Equipment at your Premises; and
3.1.3 enter the Premises to inspect any ADSL Equipment.
3.2 You must agree not to alter or allow anything to be done to the Premises, which may damage or interfere with the ADSL Equipment.
3.3 LCC will use all reasonable endeavours to comply with your requests in relation to the installation of the ADSL Equipment and Service.
3.4 We will endeavour to provide the Service on the date agreed between you and ourselves. However the Service provision date is only an estimate and LCC shall not be liable for any failure to meet such a date.
3.5 You must at your own expense provide suitable accommodation, facilities, assistance and environmental conditions for the ADSL Equipment and you must ensure all necessary electrical and other fittings are in place and in working order.
3.6 A secure power supply is required at your premises. This must be provided and maintained by you. LCC will not be held responsible for any interruption or failure of the Service caused by power supply failure.
4 THE ADSL EQUIPMENT
4.1 You shall be responsible for the safekeeping and proper use of the ADSL Equipment whilst at your premises. All ADSL Equipment supplied free of charge by LCC remains the property of LCC and in the event of this Ageement being terminated prior to the minimum contract period, it will be charged for at the cost to LCC in providing the Equipment including postage and packaging to you plus an administration charge of £10. LCC offer technical support on all modems and routers purchased during the registration process. If you choose to use your own equipment we may need to refer you back to your supplier for technical advice. You undertake;
4.2.1 to inform all relevant third parties that you are responsible for the ADSL Equipment;
4.2.2 to fully comply with either LCC’s or the manufacturer's instructions for installation and use and not to use the ADSL Equipment except in accordance with such instructions
4.2.3 not to attach any devices or attachments other than those approved for such use under the Act;
4.2.4 not to remove or tamper with any identification marks affixed to the ADSL Equipment.
4.3 You shall be liable for any loss or damage howsoever caused to any part of the ADSL Equipment or any of your own property within your premises (except where it can be shown that loss or damage was caused by an act of negligence by LCC). You shall notify LCC immediately of any such loss or damage.
5 CUSTOMER EQUIPMENT
5.1 you shall be responsible for the repair and maintenance of any Customer Equipment used by you in order to use the Service. You will need to have a telephone line and a personal computer of minimum specification
5.2 you shall ensure that any Customer Equipment complies with any applicable law.
6 WHAT YOU MUST NOT DO
6.1 You must not use the Service:
6.1.1 to send, download, upload, use or re-use material that is abusive, indecent, defamatory, obscene or menacing, in breach of copyright or is in any other way unlawful or which contains viruses, worms, trojan horses or similar, or which may otherwise harm or damage the LCC network;
6.1.2 in connection with the carrying out of a fraud or other criminal offence;
6.1.3 in a way that does not comply with the terms of any legislation; or
6.1.4 In a way which does not comply with instructions given by LCC or its agents/contractors.
6.2 Without prejudice to the other rights granted under this Agreement, we will be entitled to suspend the Service or terminate the Agreement immediately if we have a reasonable belief that you are in breach of clause 6.1.
7 CHARGES & PAYMENTS
7.1 You must pay the charges for our Service as set out in our price list, as may be amended by us on 30 days' notice.
7.2 You must pay us from the Contract Effective Date. LCC shall be entitled to invoice monthly in advance.
7.3 Your bill will detail all charges incurred by you for use of the Service during the relevant billing period in accordance with our price list. All charges (unless otherwise stated) are shown exclusive of UK VAT. Invoices will be payable within 30 days of invoice date.
7.4 We may ask for a deposit at any time, as security for payment of your bills, if we think that it is it is reasonable for us to do so. Failure to provide such a deposit will entitle us, at our option, to suspend the service or terminate the agreement.
7.5 You will agree to pay or reimburse:
a) a late payment fee, compounded monthly, on any outstanding charges which have not been paid;
b) a fixed penalty charge to cover the costs of any cheque or mandate instruction returned unpaid by a bank or similar institution;
c) all fees, charges or expenses reasonably incurred by LCC in collecting or attempting to collect any charges or debts owed by you to LCC;
d) a reconnection fee, as necessary, should the Service have been suspended or temporarily disconnected; and
e) an abortive visit charge if you fail to keep an agreed appointment or if a fault was found to be outside LCC’s responsibility. The amount of such fees, and the method of calculation, shall be as set out in the "Miscellaneous Charges" schedule of LCC, as in force from time to time.
f) a cancellation fee (£25 as of November 09).
7.6 Unless otherwise agreed in writing with LCC, all payments for LCC Broadband services will be made by Direct Debit.
8 Your Right to Cancel the Contract
If you wish to cancel the Agreement for the Broadband Service or any part of it, you have up until the Contract Effective Date to do so. You must tell us in writing and return, in an "as new" condition and in the original packaging, the ADSL Equipment and any additional items supplied by us to you, at your cost. If you do not return the ADSL Equipment and any associated items you have purchased in an "as new" condition, we will not refund any payment that you have made in respect thereof. After the start date of the Agreement the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") will not apply to the Service.
9 TERM & TERMINATION
9.1 This Agreement will commence on the Contract Effective Date and the Agreement shall continue for a minimum period of 12 months the Agreement will automatically renew for further consecutive 12-month periods, subject to the provisions of this Clause 9.
9.2 You may terminate this Agreement after the initial term period by giving us a minimum of 30 days written notice. You should write to us as at: LCC, Pragnell House, Sopwith Close, Preston Farm Business Park, Stockton-on-Tees TS18 3TT.
9.3 You agree to pay LCC any monies owing. LCC will return to you any deposit held.
9.4 Without prejudice to its rights under this Agreement, LCC may terminate or suspend this Agreement immediately if there is a breach by you of this Agreement, including:
a) misuse of the Service;
b) using the Service in a manner that adversely affects the provision of the Service to others;
c) non payment of any sums owed to LCC;
d) if you become bankrupt or have a receiver, administrative receiver, administrator or liquidator (or similar officer) appointed over you or any of your assets;
e) it becomes unlawful for LCC to provide the Service; and
f) any other licensed operator supporting the LCC Service ceases to do so for whatever reason or changes the terms of its provision of telecommunications services beyond the reasonable control of LCC.
9.5 Upon termination or suspension you agree to cease using the Service immediately and your right to use the Service ceases immediately.
9.6 Early termination by you prior to the completion of the minimum period, will be charged based upon the total rental that would otherwise have been charged had the minimum period been completed less any charges previously raised. For the avoidance of doubt, the minimum charge for the broadband service will be for the total minimum period of the Agreement.
9.7 In addition to early termination charges referred to in paragraphs 4.1 and 9.6, LCC will make an early termination charge if you terminate this contract prior to the early minimum period. The current charge for this is £35.
10 LIABILITY
10.1 LCC’s maximum liability to the Customer, however arising under this Agreement, shall be limited to the amount paid by you to LCC during the year preceding the breach, in relation to any event or series of related events.
10.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their agents or employees, or fraudulent misrepresentation.
10.3 LCC shall not be liable under any circumstances to the Customer, or any third party, in contract, tort (which includes negligence and breach of any statutory duty), direct or otherwise for any loss of revenue, business use, goodwill, anticipated savings, profits or any other financial loss whatsoever, whether direct, indirect or consequential, or for any other indirect or consequential loss of whatever nature, howsoever arising in relation to the use of the Service or any failure or error or default by LCC in the provision thereof, or otherwise in connection with this Agreement. Save as otherwise set out herein, LCC will not be liable due to loss of confidentiality caused by the use of the Service. 10.4 LCC shall not be liable under this Agreement for the acts, omissions and/or failures of the Customer, other licensed operators, or Customer Equipment, which may adversely affect the Service in any way.
11 FORCE MAJEURE
11.1 Neither party will be liable for any failure to deliver the Broadband Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including but not limited to: lightening, exceptionally severe weather, fire, explosion, war, industrial disputes, government action or regulation or national or local emergency. If such failure to deliver continues for more than3 months after the commencement of such failure, then either party mat terminate this Agreement on notice in writing to the other party.
12 USE OF PERSONAL INFORMATION
12.1 Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and/or agents to:
• identify you when you make telephone enquiries;
• help administer any accounts, services and products offered by LCC or in the future;
• help us to detect fraud or loss; and
• write to, or telephone, you with information about other services and products offered by us and our carefully selected partners. We will not contact you in this way if you have previously opted not to be contacted in this way.
12.2 You further agree that calls made to our Customer Service Desk may be monitored or recorded by us, to ensure quality and to provide training for our personnel.
12.3 In connection with this Agreement we may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and they will retain a copy of the search. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and for debt collection and fraud prevention purposes. This includes those who have moved premises and are in default.
12.4 If you provide false or inaccurate information and we suspect fraud, we will record this. We, and other credit organisations, may use and search the records referred to in clause 12.1:
• to help make decisions on credit or credit-related services and on motor, household, credit, life and other insurance proposals and claims for you and other members of your household;
• for debt collection, fraud prevention and management of your accounts or insurance policies; and to check your identity to prevent money laundering unless other satisfactory proof of identity is provided. If you require details of those credit reference and fraud prevention agencies from which we obtain and with which we record information about you, then please write to us.
13 GENERAL PROVISIONS
13.1 Assignation. LCC may assign or sub-contract its rights or obligations under this Agreement on giving written notice to the Customer. Assignation or sub-contracting of the Customer's rights and obligations will be permitted only with the prior written consent of LCC, not to be unreasonably withheld or delayed.
13.2 Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any right on any later occasion.
13.3 If any part, term or provision of this Agreement is held to be illegal or unenforceable the validity or enforceability of the remainder.
13.4 Those conditions of a continuing nature shall survive termination of this Agreement for any reason whatsoever.
13.5 LCC may vary its terms at any time by posting the changes on its website (www.lcccommunications.com) or with your bill or via e-mail. LCC will only do this if it has a valid reason, for example to reflect changing legal, regulatory or business requirements. You agree that if you decide to use Services after the amendments have been put on our website you are bound by these terms and conditions as varied.
13.6 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between representatives of both parties who have the authority to settle them.
13.7 Headings to clauses are inserted for convenience only and shall not affect the interpretation of the clauses.
13.8 This agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
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