Your AOL Services will be provided on the following basis:
- Internet access services are provided by TPH Services Sarl under the terms of the AOL Access Agreement, AOL Broadband Agreement and AOL Talk agreement below.
- Modem, router or other network equipment by CPW Broadband Services (UK) Limited under the Customer Premises Equipment Agreement, if applicable.
- AOL Web Services, including the AOL Software and Premium Services are provided by AOL (UK) Limited under the terms of the AOL Web Services Agreement below.
You should be aware that the above services are associated and that if your account with one party is suspended, cancelled or terminated, your agreement with the other party may also be suspended, cancelled or terminated.
It is important that you read the following terms and conditions before placing your order for AOL Broadband with TPH Services Sarl, the provider of the AOL Broadband service, and your order for the Customer Premises Equipment (i.e. the modem or router) with CPW Broadband Services (UK) Limited. In particular, you need to read the sections dealing with the following important points:
- Minimum Commitment: Your AOL Broadband Agreement is for a minimum of 18 or 24 months (as applicable), unless a shorter time frame is specified in writing by TPH Services Sarl during the registration process.
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- Your legal right to cancel: You have a legal right to cancel your order for AOL Broadband and for the Customer Premises Equipment for a period of seven working days . You can do so by notifying us in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see clause 7 of the AOL Broadband Agreement, and clause 3 of the Customer Premises Equipment Agreement for more details. If you have ordered AOL Talk, you also have a legal right to cancel that order - please see clause 8 of the AOL Talk Agreement for more details.
Any or all of the services (Internet access, AOL Talk and web services) provided under these Agreements may be managed by and/or billed for by someone on our behalf.
By placing your Order, you are making an offer to contract with TPH Services Sarl for the Access Services, CPW Broadband Services (UK) Ltd for the Customer Premises Equipment, and AOL (UK) Ltd for the Web Services (the "Offer"). Your Offer has not been accepted and there is therefore no binding contract until TPH Services Sarl has posted a written acceptance from Luxembourg (i) on behalf of itself; and (ii) as an agent for AOL (UK) Ltd and CPW Broadband Services (UK) Ltd.
AOL Access Agreement
These terms and conditions (the "AOL Access Agreement") apply to customers who subscribe to an AOL branded Internet access product, including but not limited to the AOL Access dial-up service, the AOL Broadband Service and/or the AOL Talk Service (together, the "AOL Access Service"). This AOL Access Agreement supplements any additional terms governing your specific AOL Access Service price plan(s) (including but not limited to the AOL Broadband Agreement, and the AOL Talk Agreement, if applicable). The AOL Broadband Agreement and the AOL Talk Agreement are together known as the "Price Plan Agreements". The AOL Access Agreement and the Price Plan Agreements are together known as the "Services Agreements". The Services Agreements intended to contain your entire agreement with us.
This AOL Access Agreement is a legal document, with important information about your rights and responsibilities as a customer of the AOL Access Service (an "AOL Access Customer"). Once your Offer to contract under the terms of this AOL Access Agreement has been accepted, you enter into a contract with TPH Services Sarl ("TPH", "we" or "us").
Because protecting your privacy is important, we would first like you to have a clear understanding of how you agree that your personal data will be used.
1. Personal Data
1.1 Personal Data means data that identifies you or your AOL Access Service subscription account (the "Access Account"), including identity and billing information. Your Access Account is personal to you. We will process your personal data in accordance with this AOL Access Agreement and our Privacy Policy available at http://myaolbroadband.co.uk/privacypolicy. TPH controls the personal data you provide to us when you register for the AOL Access Service and in the course of your use of the AOL Access Service, and takes responsibility for the processing, disclosure and use of that data, even if it is done by a third party on our behalf.
1.2 Your personal data will be collected, processed stored and used by us, and passed to and processed by Law Enforcement agencies, our subsidiary and/or affiliated companies (together "Carphone Warehouse Group Companies"), credit reference agencies, subcontractors including courier companies, billing providers, debt collection agencies, marketing agencies and other data processors acting under our control, to provide, promote and bill for the AOL Access Service, to provide customer support, and for marketing described here and in our Privacy Policy at http://myaolbroadband.co.uk/privacypolicy.
1.3 The AOL Access Service is multi-national, and many of the computers and companies that process data on our behalf are based in other countries outside the European Union ("EU") including the USA. Thus, your personal data (which may include data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or concerning health or sex life) may be transferred to, processed and held both inside and outside the EU. Countries outside the EU may not have as well developed data protection laws in place to protect your information as those inside the EU, but we will ensure your personal data is treated in compliance with this AOL Access Agreement and our Privacy Policy.
1.4 We encourage you to tell us what your marketing preferences are for your personal data. Unless and until you "opt-out", your name and contact details may be (a) used by Carphone Warehouse Group Companies until 12 months after your AOL Access Services subscription ceases; and (b) passed to selected third party suppliers of goods and services and advertisers until 6 months after you cease to be an AOL Access Customer, for marketing goods and services to you. Notify us of your preferences at http://myaolbroadband.co.uk/marketingprefs or by writing to the postal address for Personal Data Enquiries contained in clause 12.2 below.
1.5 To help improve our service, Carphone Warehouse Group Companies and our authorised data processors may assemble anonymous, aggregated data relating to the popularity and usage of various services offered through the AOL Access Service. You consent to this. We use demographic data to better understand our customers, and such data may also be used on an anonymous basis by our advertising servers to ensure that any advertisements that are served to you whilst you are online (e.g. "banner ads") are tailored to your browsing habits and hence more relevant to your interests.
1.6 We may hold personal data relating to the transactions you enter into with us or others through the AOL Access Service, such as online merchants. We will disclose this data to a party to the transaction, but only to facilitate your transaction. Carphone Warehouse Group Companies may also use this data to let you know about products and services that may be of interest, unless you tell us otherwise at http://myaolbroadband.co.uk/marketingprefs.
1.7 We may also use cookies - small files of text data which may be automatically stored on your computer's hard drive when your Web browser accesses certain Web pages. Cookies enable us to provide a better service to you. More information about how we (and third parties) may use cookies and analogous technologies (and how to opt out of receiving them) is provided at http://myaolbroadband.co.uk/cookies.
1.8 When you call our Customer Service department, we may monitor or record your calls and store details of the phone number(s) you use to make the call. This information is used only to track reported problems, and to better address your customer service needs. You hereby consent to such monitoring, recording and storage.
1.9 Your personal data may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally-compliant request by a law enforcement or governmental authority. In some instances, we may allow you to provide Billing Account details of a third party. If you do so, we may disclose your name and address, and data relating to payments made under that Billing Account to them.
1.10 We will use the information you provide about yourself to carry out our obligations under the Services Agreements and may pass on your information to third parties such as your telephone provider, where it is necessary for the provision of the AOL Access Services to you. You give us your consent for the processing of your personal information for the purposes contemplated under the Services Agreements.
1.11 Our Privacy Policy reflects our current policies and further explains how we process your data. It may be found at http://myaolbroadband.co.uk/privacypolicy.
1.12 In assessing your application and to prevent fraud, we may search the files of credit reference agencies (who will record any credit searches on your file) and fraud prevention agencies. We may also disclose details of how you conduct your Access Account with us to such agencies. The information will be used by other credit grantors for making credit decisions about you and the people with whom you are financially associated, for fraud prevention, money laundering prevention and for tracing debtors. We may ask such agencies to provide a credit scoring computation. Credit scoring uses a number of factors to work out risks involved in any application. Where automatic credit scoring computations are used, acceptance or rejection of your application will not depend only on the results of the credit scoring process, and other criteria may also apply. You have the right to rectify your data by emailing datainfo@aolbroadband.co.uk.
2. Some Basics of your AOL Access subscription
2.1 Age Restrictions
To be an AOL Access Customer, you must be at least 18. You may permit persons under 18 to use your Access Account, but you remain responsible for that use. You must provide us with accurate information during your registration and set-up of the AOL Access Services, and keep it up to date, for example at http://myaolbroadband.co.uk/billing.
2.2 Your Password
Keep your password secret. If we reasonably believe that your password is no longer secret, or your Access Account is being used by an unauthorised person, we may suspend access to your Access Account and the AOL Access Services pending resolution of the issue, and may require you to provide us with such proof of identity as we may, at our discretion, require.
2.3 Dial-up Access Numbers
If you are a dial-up customer, we may provide various telephone access numbers appropriate to your price plan for connecting to the AOL Access Service. You are responsible for selecting the appropriate numbers during registration. These may change from time to time and when this happens, we will notify you in accordance with clause 11.5 below. You must allow the display of your telephone number (Caller Line Identifier, the "CLI") in order to use the AOL Access dial-up service. If you restrict the display of your CLI, such a restriction will be overridden by our software in order to present the number to our servers. If you do not consent for your CLI to be displayed to TPH in this manner, do not use the AOL Access dial-up service. Please note however that only TPH will see your number displayed and it will not affect how your number is hidden during any telephone calls that you make.
3. Charges and Billing
3.1 You will be charged for the AOL Access Service according to your selected price plan. For current price plans see http://myaolbroadband.co.uk/pricing. Our charges are to be paid on the applicable billing date we allocate to you (the "Billing Date") - you can see your Billing Date at http://myaolbroadband.co.uk/billing. We reserve the right to change the date of your Billing Date at any time by giving you 30 days notice. You may only pay using one of our approved payment methods - this is known as your "Billing Account".
3.2 You may incur call charges when you call our Customer Services department. Please see http://myaolbroadband.co.uk/supportme for details of such charges.
3.3 Your Billing Account and your Billing Details
3.3.1 You authorise us to debit from that Billing Account (as updated) the charges you incur for, and other charges incurred using, the AOL Access Service.
3.3.2 You must pay your Access Account balances on time. Your bill is due for payment on your Billing Date, unless otherwise specified. Failure to comply may result in your Access Account being restricted, suspended or terminated and we may take appropriate action to recover such moneys. If you fail to pay your bill when due we reserve the right to charge a late payment fee or an administration charge to cover our additional costs. If we do not receive payment within 30 days and we have failed to be successful in collecting your payment, you will pay all outstanding charges on demand.
3.3.3 If you cancel your AOL Access Account, you must pay immediately any outstanding balances, including but not limited to (i) any charges owed as a result of your AOL Access Account being cancelled or terminated within any minimum term contractual period you may have entered into; and (ii) any reasonable charge imposed on us by any third party (such as for example but not limited to BT) in order to disconnect you from our service, up to a maximum of £5.
3.3.4 We reserve the right to impose a credit limit on your use of some or all of the Services, and if you subsequently exceed any credit limit imposed, we may demand immediate payment of any or all outstanding sums on your Access Account in relation to the Service(s) in question, and may also suspend or restrict your use of the Service(s) pending receipt of such payment.
3.3.5 All charges payable by you under the Services Agreements are subject to any applicable tax or duty, including Value Added Tax where applicable.
3.3.6 At any time we may vary billing frequency or request payment from you (including interim payments and/or payment of a security deposit) in respect of the provision of our Services.
3.3.7 We also reserve the right to ask for a security deposit in relation to some or all of our price plans. Where this is the case, you will be told of the amount and the refund procedure at the time that you place your order for such a price plan.
3.3.8 From time to time we may have to migrate your Access Account from one billing platform to another. In these circumstances, we will notify you if migration of your Access Account will affect the Access Service in any way.
3.3.9 We may change our charges or billing methods at any time. We will provide notice of any such change at least 30 days prior to the Billing Date when the change is to take effect if these changes could reasonably be deemed to be to your material detriment. Where such changes could reasonably be deemed to have a material impact on you or be to your disadvantage, you don't agree to the changes, your only remedy is to cancel your AOL Access Service subscription in accordance with clause 9 below.
3.3.10 You are responsible for any charges for goods or services incurred using your Access Account (including where such use is by a third party). Certain platforms and methods of access to the AOL Access Service may be subject to third party charges. Any obligations you incur in your dealings with third parties are your responsibility and any charges you incur will be additional to the charges payable to us under your price plan.
3.3.11 We may provide you with offers of further services or goods, sometimes in conjunction with selected suppliers, which allow you to make a purchase without re-entering your Billing Account details; you agree that your Billing Account may be debited accordingly. You will be given the opportunity to agree to this course of action in each instance. By doing so, you undertake that you are authorised to use and debit the Billing Account in question.
3.3.12 You must inform us of any billing problems or discrepancies within 180 days after they first appear on your bill - you can view your bill at http://myaolbroadband.co.uk/billing. Otherwise, you agree that you waive your right to dispute such problems. We may restrict or prevent customers' access to services provided by us or Carphone Warehouse Group Companies if charges have not been paid to us by the due date or have been charged back to us. You agree we may collect all sums due at cancellation or termination on the first Billing Date after your AOL Access subscription is cancelled or terminated. Should any sums due at cancellation or termination not be paid or be paid and be subsequently dishonoured or we are obliged to refund any such sums to your bank or other merchant acquirer, you agree we may collect all such sums from you on a date or dates notified to you in advance by us.
3.3.13 Telecommunications surcharges may arise in the event that you are able to access the AOL Access Services from certain locations or networks. You are responsible for checking the amount of such surcharges (if any). If you have any other questions about access numbers, please consult http://myaolbroadband.co.uk/access.
3.4 Third Parties and Your AOL Access Account
3.4.1 In some instances, we may permit you to provide Billing Account information of a third party in order to pay for your AOL Access Account. In instances where you have been permitted to do so, you confirm that you have permission to do so, but you will remain liable for all charges incurred through your Access Account.
3.4.2 You may nominate a named authorised User (an "Authorised User") to deal with your Access Account and information concerning your Access Account on your behalf. Such an Authorised User will thereby have full access to all information concerning your Access Account and will be able to take the same steps in relation to your Access Account as you can (although such steps will be deemed taken on your behalf), including but not limited to the modification of your personal data, settling of bills, ordering of services and cancellation of your account. Any agreement entered into by any such Authorised user will be deemed as entered into on your behalf and will therefore be deemed valid. However, your responsibilities under this AOL Access Agreement remain. We recommend that you do not grant Authorised User privileges to any third party unless absolutely necessary. Please note that your Access Account cannot be transferred from your name to that of the Authorised User.
3.4.3 We may disclose your name and address information, and details of activity on an Access Account to the holder of the Billing Account through which charges for your AOL Access subscription are paid. We may require such information as we consider reasonable to verify an Access Account holder's or Billing Account owner's identity.
4. Conduct And Content
4.1 Conduct and use of your Access Account
You are liable for, and your Access Account may be cancelled as a result of, any use by you or others of your Access Account (including any sub-accounts) which breaches the Services Agreements and/or the AOL Web Services Agreement that you have entered into with AOL (UK) Ltd. You are responsible for all use of your Access Account so you should supervise the use of your Access Account by others.
4.2 Content
By content, we mean text, software, communications, images, sounds and other information. In general, we do not pre-screen content available through the AOL Access Service, and we are not responsible for content, services or goods that are provided by third parties through the AOL Access Service or the internet. We reserve the right to remove or block access to content on the AOL Access Service containing unlawful or other harmful content or which is otherwise injurious to us or our customers, but we are not responsible for any failure or delay in removing such material.
4.3 Lawful Purposes
Your Access Account must be used only for lawful purposes and in a manner which does not in our reasonable opinion infringe the law or the legal rights (e.g. copyright, privacy or reputation) of any person or entity. If anyone using your Access Account breaches these principles, we may take action against you or your Access Account, ranging from a warning about the breach to cancellation of your AOL Access subscription.
4.4 Breach
We may cancel or suspend your Access Account immediately with minimum notice where there are serious grounds for doing so - please see clause 9.3.1 below for details.
4.5 Email
You must not send Spam through any email system accessed via or operated through our servers. For information on how to report spam see http://myaolbroadband.co.uk/spam. We may take any reasonable measures to prevent Spam from entering, utilising or remaining within our systems - these may inhibit or block access to email which is not Spam. We also employ technology such as virus-screening to protect our systems which may result in the deletion or alteration of email attachments. We accept no responsibility for any such deletion or alternation.
4.6 Proprietary Rights
The content available on or through the AOL Access Service is provided and owned by us or our partners or licensors, and is protected by copyright, trademark, database and other intellectual property rights. Content that you upload, download, transmit or receive while using the AOL Access Service must be authorised; this means you must have the legal right to do so. You must not copy, transmit, modify, distribute, make available to the public or create any derivative works from any of the content you find on or through the AOL Access Service or which we supply to you, unless you have the legal right to. You must not transmit or receive content, except where such activity is lawful.
5. Restrictions on the Services
5.1 We do not guarantee transmission or receipt of email and/or other types of online communications. The storage capacity and bandwidth we provide for the AOL Access Service is not and cannot be infinite. Therefore we may apply capacity-based limitations, such as, upload or download limitations and/or maximum storage space for your data on our computers, or other bandwidth limitations. We may also impose general operating rules for the AOL Access Service. For example, we may impose "time outs" if you are idle on the AOL Access Service. We also reserve the right to de-prioritise certain types of traffic that is particularly capacity intense, such as for example peer to peer traffic.
5.2 We have a Fair Use Policy that can be accessed through http://myaolbroadband.co.uk/cos. Where you breach our Fair Use Policy, we will contact you to notify you of the breach of our Fair Use Policy. We reserve the right to take specific measures to prevent breaches of our Fair Use Policy, including but not limited to the imposition of speed reduction during set times and, where your breach is particularly serious and/or persistent, termination of your service through notice in accordance with clause 9.3.1 below. For more information, see http://myaolbroadband.co.uk/cos.
6. Moving House
6.1 If you move house you must contact us with your updated address details, and if you are an AOL Broadband and/or AOL Talk subscriber, with details of the new phone line on which you want the Access Services to be activated (if this has changed). Failure to do so may result in a restriction or suspension of some or all of your AOL Access Services. If you are an AOL Broadband subscriber, please see the AOL Broadband Agreement for further details.
7. AOL Software
7.1 We may, at our discretion, procure a non-exclusive, limited licence for you to use the AOL software. Use of such software shall, in addition to this AOL Access Agreement, be subject to the AOL Web Services Agreement.
8. Warranty and Liability
8.1 Your use of the AOL Access Service and the internet is at your, and others who use your Access Account's, sole risk. Third party products, content, software and/or other material which may be provided through the AOL Access Services and the internet are provided "as is" and "as available" for your use, without warranties of any kind. We will, however, use reasonable skill and care to provide and maintain the availability of the AOL Access Service. We do not warrant that the AOL Access Services will interoperate with any software or device in a way which is satisfactory.
8.2 We provide the AOL Access Service on a commercially reasonable basis and expressly exclude any warranty, representation or undertaking that you will be able to access or use the AOL Access Service at times or locations of your choosing, or that we will have adequate capacity for the AOL Access Service as a whole, for any specific product, service or content, or in any specific geographic area. Due to the nature of interactive services, we depend upon third parties over which we may have little or no control for the delivery of the AOL Access Service (for example, to deliver emails sent to and from internet addresses).
8.3 We are not liable for deletion, corruption or failure to store any email messages or other content on the AOL Access Service. We do not warrant that any software or content available through the AOL Access Service and/or the internet will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data file(s) or computer program(s).
8.4 The AOL Access Service is a consumer service and is not designed to be used by customers in connection with the conduct of their, or their employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk and we shall not be responsible for any resulting loss or failure.
8.5 Under no circumstances shall we be responsible for any loss resulting from problems with any alarm system, or for any loss or damage suffered as a result of its faulty operation or inoperability caused by use of (or inability to use) the Services by any person including through suspension or termination of the Services in accordance with the Services Agreements.
8.6 We shall not be liable for any loss not reasonably foreseeable by us when the Services Agreements commence, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the AOL Access Services, the internet or for any other claim by a third party related in any way to your AOL Access Services subscription. Unless otherwise explicitly stated in writing, we do not endorse, warrant or guarantee any product or service offered through the AOL Access Service and/or the internet by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this AOL Access Agreement caused by matters beyond our reasonable control.
8.7 We shall not be liable for any failure or delay in performance of our obligations under the Services Agreements, caused by matters beyond our reasonable control (including acts and omissions of BT and other technology and telecommunications service providers).
8.8 Without limiting the above paragraph (and except for our liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation, or under Part 1 of the Consumer Protection Act 1987, for which our liability shall be unlimited), our liability under or in connection with this Agreement (whether arising in breach of contract, tort, negligence or otherwise), our liability under or in connection with the Services Agreements or your subscription or use of the AOL Access Services (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) 125% of the charges paid or payable to us by you for the Service in relation to which the liability arises during the twelve-month period preceding the time liability arises, or (b) £1,000 or, for AOL Talk only, £5,000, regardless of the cause or form of action. Your statutory rights are unaffected.
9. Cancellation
9.1 Unless you have entered into a minimum term commitment by which you are still bound, your subscription runs for successive periods of one month unless otherwise stated; each such period beginning on your initial Billing Date, unless and until your subscription is cancelled by you or us. Accordingly, your Billing Date will recur on the same date of each month, unless otherwise specified.
9.2 Cancellation by you.
9.2.1 You can cancel your subscription by writing to us care of Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account. Cancellation notice given by you will be processed within 72 hours of receipt. Written confirmation of cancellation will be provided on request.
9.2.2 To process your request promptly you must provide us with the information set out at http://myaolbroadband.co.uk/cancelaolbb. Cancellation will become effective on the Billing Date after your cancellation notice is processed, or as may be agreed by us when cancelling your subscription.
9.2.3 Please note that, unless we offer you the possibility to remain an AOL Talk only customer, or you specifically request the use of our dial-up service, your Access Account will be automatically cancelled if you move to another broadband provider via use of a MAC or, in certain instances, where you purchase telephone line rental from another service provider. Your new service provider should tell you where this is the case.
9.2.4 On cancellation, you will not be entitled to any refund of charges or other compensation, except where (i) we change the terms of the Services Agreements or charges payable by you under it, and (ii) such changes become effective prior to the end of your current billing period, and (iii) you notify us during the 30 day period following our notice to you of the change that you are cancelling your subscription, in which event you may be entitled to a refund of charges you have paid relating to the period between (a) the date such change is implemented and (b) your next applicable Billing Date.
9.2.5 Where you cancel an account whilst still within any minimum commitment period for any Access Service(s) to which you subscribe, in addition to your obligations under clause 3.3.3, you will be obliged to pay us any outstanding amount due under the applicable Price Plan Agreement(s). Please see the relevant Price Plan Agreement(s) for details.
9.3 Cancellation by us.
9.3.1 We may cancel or suspend your Access Account and the related Access Services immediately with minimum notice where there are serious grounds for doing so, such as where you have breached this AOL Access Agreement, or the AOL Web Services Agreement that are entering into with AOL (UK) Ltd and your breach is, in our reasonable discretion, especially serious - for example where applicable laws or third party rights have been breached, or conduct generated from your Access Account and/or through your internet connection (with or without your knowledge) has adversely affected someone's (including our) interests.
9.3.2 Non-exhaustive examples include (i) unlawful behaviour; (ii) the sending of unsolicited bulk email ("Spam"), viruses or other malicious code; (iii) behaviour which affects our ability to provide the AOL Access Service; (iv) failure to pay charges in accordance with this AOL Access Agreement, where such charges remain unpaid after notice has been given that payment is due.
9.3.3 Alternatively we may suspend your subscription, place limitations or issue a warning to you instead of cancelling your subscription immediately for example, in situations of (i) less serious breaches of our AOL Access Agreement; (ii) breach of any applicable Fair Use Policy and/or cap placed on your Access Account; or (iii) online behaviour which causes annoyance, but which is not (in our opinion) serious or intentional. For any subsequent breach, we may cancel your subscription immediately. If your AOL Access subscription is cancelled for breach, you may be required to provide certain undertakings before we permit you to rejoin the AOL Access Service. Any such permission is provided solely at our discretion.
9.3.4 We may also terminate one or all of the Services Agreements immediately if you are subject to insolvency or bankruptcy proceedings, or we may terminate one or more of the Services Agreements immediately if we are unable to provide one or more of the AOL Access Services to you due to matters beyond our reasonable control.
9.3.5 In addition to our rights to cancel your subscription under clause 9.3.1 and 9.3.4 above, we can cancel your subscription at any time in our complete discretion by 30 days' notice to you. Whether you are a monthly plan customer or an annual plan customer, you will not be entitled to any refund of charges or other compensation, except that you will be entitled to a refund of charges you have paid in advance relating to the period between (a) the date the cancellation takes effect, and (b) your next applicable Billing Date except where (i) our notice to you properly specifies one or more material breaches of this AOL Access Agreement for which you are responsible, or (ii) any material breach of this AOL Access Agreement for which you are responsible is committed prior to the cancellation of your subscription. Each such refund will be calculated and pro rated on a daily basis (where you are a monthly plan customer), or on a monthly basis, and on a daily basis for any remaining part of a month, where you are an annual plan customer. No other form of refund, such as online time or other credits will be credited to you or converted to cash or other form of reimbursement.
9.3.6 Inactive Status.
In addition to the termination rights that we have under this AOL Access Agreement, we reserve the right, in exceptional circumstances, to deactivate your Access Account if it has been inactive for more than 90 days. This means you should use your Access Account regularly to access the Internet in order to keep your registration active. Please note that not using your Access Account for any period of time does not automatically ensure cancellation of your Access Account and if you wish to cancel your Access Account, you must follow the cancellation process outlined in 9.2 above.
10. Disputes
10.1 If you have a comment or complaint about the AOL Access Service, please telephone us using the Customer Service telephone number referred to in clause 12.3 below. We will attempt to resolve your concerns promptly. If we are unable to resolve your complaint by telephone, please write, including any supporting materials, to the Customer Service postal address in clause 12.3 below. We will look into your complaint and respond to you once it has been fully investigated.
10.2 If your complaint is still unresolved to your satisfaction having received a response from the Customer Service Team, you may refer it to the UK Internet Service Provider's Association - more information about this organisation and its complaints procedure is available at http://www.ispa.org.uk.
10.3 Further details of our complaints process are set out in our Code of Practice at http://myaolbroadband.co.uk/codeofpractice.
11. General
11.1 Saving the Services Agreements
We don't separately file the individual agreements entered into by our customers. You can access the Services Agreements online at http://myaolbroadband.co.uk/cos. We recommend you print and/or save a downloaded copy on your own computer.
11.2 Code of Conduct
We subscribe to the UK Internet Service Providers Association code of conduct. You may find out more information about this organization and its code of conduct at http://myaolbroadband.co.uk/codeofpractice or at http://www.ispa.org.uk.
11.3 Cooling-Off Period
Unless otherwise stated during the registration process and/or in the Price Plan Agreement governing your price plan, when you successfully complete your registration as a customer, the AOL Access Service is promptly made available for your use. In this situation, you do not have the right to cancel this AOL Access Agreement during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000. However, this does not affect your ability to cancel your subscription in accordance with clause 9.2 above.
11.4 Changes to the Services Agreements
11.4.1 It may be necessary for us to change one or more of the Services Agreements from time to time. We will provide you with notice at least 30 days in advance of such changes taking effect if these changes could reasonably be deemed to have a material impact on you or are to your disadvantage. If these changes could reasonably be deemed to have a material impact on you or are to your disadvantage and you don't agree to the changes proposed, your only remedy is to cancel your AOL Access subscription in accordance with clause 9 above. By continuing to subscribe to and/or use the AOL Access Service(s), you will have accepted the relevant changes.
11.5 Notices
11.5.1 We may be required to give you notice about important matters from time to time. Such notices may be given to you by email to your AOL Master Screen Name email address and/or any contact email address you supplied us with during registration (your "Contact Email Address"), by post to the address you give us on registration, or by notification posted on http://myaolbroadband.co.uk/cos. It is hence important that you visit http://myaolbroadband.co.uk/cos on a regular basis to ensure that you become aware of any notices we may post there.
11.5.2 You are required to give us notice of any changes to your personal details, including your contact details and/or Billing Account.
11.5.3 You may give notice to us in writing addressed to Customer Services, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland, by email addressed to payment@aolbroadband.co.uk or by contacting Member Services on 0844 499 5555 (call charges apply, see http://myaolbroadband.co.uk/supportme for details).
11.5.4 Effective Dates of Notices under the Services Agreements.
11.5.4.1 Other than notices sent for the purpose of cancelling a Price Plan Agreement during any given cooling-off period, effective days of notices will be as follows: emailed notice will have been given upon the date of its delivery; postal notice will have been given two working days (meaning Mondays to Fridays, with UK bank holidays excluded) following dispatch by first class post. Notice of subscription cancellation may require up to 72 hours to be processed by us.
11.5.4.2 Notices sent for the purpose of cancelling a Price Plan Agreement during a cooling off period will be effective on the date of sending when sent by email or post. This notice period shall only apply to cancellation notices given during specifically provided cooling off periods under the Price Plan Agreements.
11.6 Third Parties
You agree that the Services Agreements are not intended to confer and do not confer any rights or remedies upon any person other than the parties to the Services Agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.
11.7 Severance
The invalidity, illegality or unenforceability of any provision of the Services Agreements shall not affect or impact the continuation in force of the remainder of the Services Agreements.
11.8 Governing Law and Jurisdiction
The contract between you and us comprised in the Services Agreements is entered into in Luxembourg. The laws of England and Wales govern the Services Agreements and your subscription. You and we submit to the exclusive jurisdiction of the relevant UK court in relation to any dispute arising out of the Services Agreements or any use of the AOL Access Service.
11.9 No Waiver
If you or we fail to exercise any right or remedy under the Services Agreements, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
11.10 Assignment
We are entitled to transfer, assign or subcontract any or all of our rights and obligations under the Services Agreements to a third party which is to provide the AOL Access Service (or part thereof) by giving you notice in accordance with this AOL Access Agreement. You may not assign or otherwise transfer the Services Agreements to a third party.
12. Contact Details
12.1 General Enquiries:
If you have questions about the Services Agreements, or about your rights and responsibilities as an AOL Access customer, please contact us by email at payment@aolbroadband.co.uk.
12.2 Personal Data Enquiries:
To inspect, change or correct your identity and contact information, you may use http://myaolbroadband.co.uk/billing. To find out how you can inspect or correct other personal data please contact Customer Services on 0844 499 5555. If you have other questions about the handling or protection of your personal data, all written enquiries should be addressed to Data Protection, Customer Services, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland or Data Protection, TPH Services Sarl, Green Office Park, Parc d' Activites Syrdall 6, L-5365 Munsbach, Grand Duchy of Luxembourg, or via email at datainfo@aolbroadband.co.uk.
12.3 Customer Service:
You can contact our Customer Services Department by telephone at 0844 499 5555, email sent from your Contact Email Address to payment@aolbroadband.co.uk or letter to CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford marked for the attention of Customer Services.
12.4 Provider:
The AOL Access Service is provided by TPH Services Sarl, registered in Luxembourg under number B 122 040 with a corporate address at Green Office Park, Parc d' Activites Syrdall 6, L-5365 Munsbach, Grand Duchy of Luxembourg.
Please use the dedicated contact details specified above to ensure prompt processing of your requests.
AOL Talk Agreement
1. Introduction
1.1 These AOL Talk Terms and Conditions (the "AOL Talk Agreement") describe your rights and responsibilities as a subscriber to the AOL Talk carrier pre-select telephone service (the "AOL Talk Service") and those of TPH Services Sarl ("TPH", "we" or "us") as the provider of the AOL Talk Service.
1.2 Subscription to the AOL Talk Service means that TPH (and our partners) will carry calls made on your BT telephone line without you having to dial a routing prefix or use any additional equipment. The AOL Access Agreement which governs your use of the AOL Access Services as a whole supplements this AOL Talk Agreement and the AOL Talk Agreement should be read in conjunction with the AOL Access Agreement.
1.3 You must be:
1.3.1 the person renting the BT telephone line with the number specified in your application for the Service (the "Phone Line") (or properly authorised by such person to use the Service on that Phone Line); and
1.3.2 the holder of an AOL Access Account that is not in arrears. You must continue to hold your AOL Access Account (and subscribe to one of our internet packages) in order to receive the AOL Talk Service.
1.4 The AOL Talk Service does not include line rental, or the provision to you of any equipment, maintenance or other special services such as call waiting, and you will still have to pay the relevant provider (whether BT or otherwise) for such services supplied in relation to the Phone Line. See http://myaolbroadband.co.uk/talkfaqs for examples of other services not provided by us as part of the AOL Talk Service. BT remains responsible for connection and maintenance of the Phone Line.
1.5 The Service is only available for Phone Lines located in the UK, excluding the Isle of Man and the Channel Islands.
2. Technical requirements
2.1 We may be unable to provide the AOL Talk Service to you if the Phone Line cannot be activated or because of any other technical limitations (for example if outgoing calls are barred, or you are on certain price plans such as the BT Light User Scheme). This may happen even after you have received confirmation that the Service has been activated. If this happens, we shall notify you as soon as is reasonably possible. This AOL Talk Agreement will terminate from the date of such notice with no further liability.
2.2 You are responsible for:
2.2.1 obtaining all necessary consents you may need from third parties (e.g. your landlord or the person who rents the Phone Line) before you order the AOL Talk Service;
2.2.2 testing any alarm system which is connected to the Phone Line, confirming with your alarm system provider that the installation and use of the Service is compatible with the correct functioning of that alarm system, and notifying any problems with the alarm system to BT or the alarm system provider as appropriate;
2.2.3 ensuring that any services linked to the Phone Line are compatible with the AOL Talk Service and, if not, for having such services removed or amended to ensure compatibility; and
2.2.4 ensuring that any equipment connected to or used with the AOL Talk Service is connected and used in accordance with any applicable instructions, regulations, security or safety procedures.
3. Ordering and Installing the AOL Talk Service
3.1 Following your order, we will check whether the Phone Line is technically suitable for the AOL Talk Service. We will then instruct BT to activate the AOL Talk Service on the Phone Line, and we will notify you.
3.2 (a) by e-mail (to your main AOL Master Screen name), and by post (to the address you provided in your application for the AOL Talk Service) to confirm that your order for the AOL Talk Service is being processed, with a date for when we estimate the AOL Talk Service will be activated; and (b) by e-mail (to your main AOL Master Screen name) when we have been notified by BT that activation has been completed.
3.3 We will provide you with a written copy of this AOL Talk Agreement when we send you the postal notification referred to at 3.2 above.
3.4 You may contact us to find out the status of your order for the AOL Talk Service using the contact details available at http://myaolbroadband.co.uk/talkfaqs.
4. Information about the AOL Talk Service
4.1 If you need help or further information about the AOL Talk Service, you may also contact our Customer Services department to speak to an agent directly by calling 0844 499 5555. Find out about other ways to contact us at http://myaolbroadband.co.uk/talkfaqs.
5. Charges and Payment
5.1 You will be charged for the AOL Talk Service in accordance with the charges for your chosen price plan. Charges for the AOL Talk Service will be debited to your Billing Account on your Billing Date in accordance with the provisions of the AOL Access Agreement http://myaolbroadband.co.uk/talkfaqs.
5.2 You agree that:
5.2.1 any use of the AOL Talk Service to make calls using the Phone Line is with your permission; and
5.2.2 you will be charged, and you remain responsible for payment of any charges arising from use of the AOL Talk Service prior to its removal from the Phone Line on termination of this AOL Talk Agreement.
5.3 Depending on the price plan you have chosen for AOL Talk, you may be charged:
5.3.1 a fixed monthly subscription charge (the "Subscription Charge"). The Subscription Charge will be charged monthly in advance, and a pro-rata sum will be charged in arrears on your first Billing Date to cover the period from the activation of the Service to that date; and/or
5.3.2 a variable monthly charge for the telephone calls you make using the Service (the "Call Charges"). The Call Charges will be charged monthly in arrears, and Call Charges are calculated in accordance with your price plan.
5.4 You may view your Call Charges and Subscription Charges online. Our systems may take a couple of days to update, so calls made close to your Billing Date may be not be charged to you until your next Billing Date. You are responsible for regularly checking accrued charges. If you have any questions please contact us using the details provided in clause 12.
5.5 We reserve the right to vary charges applicable to your price plan at any time. If such variation results in an increase (accrued decrease) in charges, we will notify you as follows:
5.5.1 in the case of an increase in Call Charges, by posting the changes or by sending an e-mail to your Contact Email Address (supplied to you at the time of registration) to confirm at least 21 days before such change takes effect; and/or
5.5.2 in the case of an increase in any Subscription Charge you may be paying, by posting the changes or by sending an e-mail to your main Contact Email Address at least 30 days before such change takes effect.
5.6 If you do not agree with any changes made under clause 5.5 above, you may terminate your Agreement with TPH for the Service by giving us notice in accordance with the provisions of the Access Agreement. Continued use of the AOL Talk Service following implementation of the new charges shall constitute your acceptance of all such changes.
5.7 Following notification of termination or suspension of the AOL Talk Service, however this arises, you will be responsible for payment of all Subscription Charges and Call Charges which accrue until the AOL Talk Service is removed from the Phone Line. We will contact you by post (to the address you provided in your application for the AOL Talk Service) and by e-mail (to your Contact Email Address) to confirm the expected date of removal of the AOL Talk Service from the Phone Line, and we will confirm by e-mail when this removal has taken effect. This date is approximate, and the date of final removal will depend on the provider to whom you are moving.
6. Your use of the AOL Talk Service
6.1 You shall only use the AOL Talk Service in accordance with this AOL Talk Agreement and our reasonable instructions which may be notified to you from time to time. You agree that the AOL Talk Service is designed and intended for residential customers use only, and not for business or commercial purposes. Any such use is therefore at your own risk. You must not resell or otherwise exploit the AOL Talk Service for commercial purposes without our prior agreement in writing.
6.2 We may terminate, restrict or suspend the Service:
6.2.1 where we reasonably believe it is being used for non-residential purposes or otherwise contrary to this AOL Talk Agreement;
6.2.2 where we reasonably believe that there has been fraudulent activity (for example, where our systems detect that an outgoing telephone call has lasted more than 8 hours).
6.3 You shall not use, nor allow any other(s) to use, the AOL Talk Service:
6.3.1 in a way that is in breach of this Agreement or our Privacy Policy;
6.3.2 for any fraudulent, improper or unlawful purpose;
6.3.3 to send a communication which is, or is intended to be, a hoax call or which is spiteful, indecent, defamatory, offensive, abusive, obscene or menacing;
6.3.4 to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person; and
6.3.5 in any way that may damage or affect the operation or quality of the AOL Talk Service.
6.4 In order to protect you from fraud, we reserve the right to block access to specific number ranges if we suspect, or have reason to believe that such number ranges are being used for fraudulent activity.
7. Service Suspension or Unavailability
7.1 We may suspend the AOL Talk Service from time to time for operational reasons (such as fault repair, system maintenance or upgrade), because of an emergency, or because we are required to do so by the government, the emergency or security services or any other competent authority. This will not affect your ability to use any services provided to you by BT.
8. Your rights to terminate this AOL Talk Agreement
8.1 During a "cooling off" period
8.1.1 Once you have ordered the AOL Talk Service, you can cancel your order at any time up to 8pm on the tenth working day after the day you placed your order for the Service (the "Cooling Off Period"), unless we activate the AOL Talk Service before this. To do this, please call our Customer Services department on 0844 499 5555. If you have special requirements, please see http://myaolbroadband.co.uk/talkfaqs for alternative methods of contacting us. If you consider you have been incorrectly charged following cancellation, please contact us for assistance using the contact details set out in clause 12.2.
8.2 After the Cooling Off Period has ended
8.2.1 Following the end of the Cooling Off Period, whether this is by expiration of the period set out in 8.1.1 above, or activation of the AOL Talk Service as set out in 8.1.1 above, you may terminate the AOL Talk Service, by calling our Customer Services department on 0844 499 5555, or by e-mail sent from your Contact Email Address to cancellations@aolbroadband.co.uk. You will need to provide your full name; the last four digits of the current payment method for your AOL Access Account; the answer to the Access Account Security Question if one has been created, and your day and evening contact numbers in order for us to be able to process your request. Alternatively, you may notify us in writing at AOL Talk Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please remember to include the above details and your day and evening telephone number so that we may respond to you. Please see clause 10.1 for further details of what happens when this AOL Talk Agreement is terminated.
9. Our rights to terminate this Agreement
9.1 During the Cooling Off Period
9.1.1 We may terminate this AOL Talk Agreement at any time during the Cooling Off Period, unless the AOL Talk Service has been activated during the Cooling Off Period, and you will be notified via email or post, or telephone if we exercise this right. If we do this, then your order will be cancelled and your telephone service will continue as before.
9.2 After the Cooling Off Period has ended
In addition to our termination rights outlined under the terms of the Access Agreement, we can suspend, limit or end your AOL Talk Agreement in the circumstances listed below. Suspension or restriction of the AOL Talk Service will not affect your ability to make emergency (999) calls, to use any other services provided to you by BT, or to contact our Customer Services department for assistance using the contact details at http://myaolbroadband.co.uk/talkfaqs.
9.2.1 We may suspend, limit or (in any instance we reasonably consider sufficiently serious) terminate the AOL Talk Service in the following circumstances:
9.2.1.1 if the Phone Line is disconnected or suspended by BT or if you move from BT to another telephone provider. We will not refund any charges you have paid for any period that you are unable to use the AOL Talk Service as a result of the Phone Line being so affected;
9.2.1.2 if your agreement with us for the AOL Access internet service is terminated. We will notify you by post of such termination of the AOL Talk Service;
9.2.1.3 if we have been notified by BT that the AOL Talk Service to the Phone Line will be ceased, for example if you are moving house, or BT have been notified that you do not wish to continue with the AOL Talk Service.
10. What happens when this AOL Talk Agreement is terminated
10.1 Following the provision by us, or our receipt from you, of notice to terminate this AOL Talk Agreement:
10.1.1 it takes approximately 15 working days from receipt of your notice for the AOL Talk Service to be removed from the Phone Line and the termination to become effective. This time period is dependent on the alternate service provider you select. You will be contacted by post and e-mail to confirm the expected date of removal of the AOL Talk Service from the Phone Line, and we will confirm by e-mail when this has taken effect;
10.1.2 you are responsible for payment of all Subscription Charges and Call Charges (as are applicable to your chosen price plan) which accrue until the AOL Talk Service is removed from the Phone Line;
10.1.3 any usage of the Phone Line made after the AOL Talk Service has been removed will be charged by the new telephony provider. You remain responsible for payment of all such charges; and
10.1.4 unless you tell us otherwise, as provided under the AOL Access Agreement, your AOL Access Account will continue on your existing AOL Access Service price plan.
11. Governing Law and Jurisdiction
The contract between you and us comprised in the AOL Talk Agreement is entered into in Luxembourg. The laws of the England and Wales govern the AOL Talk Agreement and your subscription. You and we submit to the exclusive jurisdiction of the relevant UK court in relation to any dispute arising out of the AOL Talk Agreement or any use of the AOL Talk Service.
12. Contact Details
12.1 General Enquiries: If you have questions about the Agreement, or about your rights and responsibilities as an AOL Access customer, please contact us by email at payment@aolbroadband.co.uk.
12.2 You can contact our Customer Services Department by telephone at 0844 499 5555, email sent from your Contact Email Address to payment@aolbroadband.co.uk or letter to CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford marked for the attention of Customer Services.
The Service is provided by TPH Services Sarl, registered in Luxembourg under number B 122 040 with a corporate address at Green Office Park, Parc d' Activites Syrdall 6, L-5365 Munsbach, Grand Duchy of Luxembourg.
AOL Broadband Agreement
This AOL Broadband Agreement (the "AOL Broadband Agreement") details your rights and responsibilities in relation to your order and use of AOL Broadband, and those of TPH Services Sarl ("TPH", "we", "us" or "our") as the provider of AOL Broadband in the UK. The AOL Access Agreement which governs your use of the AOL Access Services as a whole supplements this AOL Broadband Agreement and the AOL Broadband Agreement should be read in conjunction with the AOL Access Agreement.
AOL Broadband - Price Plans
A range of price plans is available for AOL Broadband, each of which has different features. More information about these different price plans is available from http://myaolbroadband.co.uk/broadband or by contacting our Customer Service department on 0844 499 5555 (call charges apply, see http://myaolbroadband.co.uk/supportme for details).
1. Getting You Started
1.1 First, we will try to upgrade the telephone line at the address you selected on placing your order for a broadband connection. Installation of the Customer Premises Equipment is necessary to complete the process. However, you may not be able to receive AOL Broadband for technical reasons, for instance if your telephone line cannot be upgraded. In these circumstances we will not charge you a subscription fee for AOL Broadband and CPW Broadband Services (UK) Limited won't charge you for the Customer Premises Equipment, unless you have provided false or inaccurate information or have failed to return the Customer Premises Equipment as detailed in the Customer Premises Equipment Agreement.
1.2 Please note that AOL Broadband is mainly available for PCs using the Windows operating system - it is generally not Apple Mac compatible unless otherwise specified during the order process. You are responsible for obtaining any consents (e.g. from your landlord) necessary for installing a broadband connection at your address and, if you have a burglar alarm, for confirming with your alarm system provider that the installation of broadband will not affect your system.
2. Upgrading your Local Exchange
2.1 There may be instances where we can accept your order for AOL Broadband but will not be able to provide AOL Broadband to you until BT has upgraded your local telephone exchange - in some cases this can take several months. We will keep you informed of progress with the upgrading of your local exchange and you will be able to cancel your order by contacting Customer Services if you change your mind during this time.
3. Quality of Service
3.1 We cannot guarantee that AOL Broadband will be free of faults or that outages will not occur, but we shall use reasonable skill and care to provide and maintain AOL Broadband. AOL Broadband may be suspended or unavailable from time to time for operational reasons (such as outages, maintenance or upgrades, or because of an emergency). Where practical, we will use reasonable efforts to provide you with notice of this.
4. Accessing the Internet over a Dial-Up Connection
4.1 Using AOL Broadband will prevent you from accessing the internet via our standard dial-up telephone connection (AOL narrowband).
5. AOL Broadband - Important Restrictions and Limitations
5.1 Moving House
You may only use AOL Broadband via the broadband connection at your address. If you move house and want to access AOL Broadband at your new address, you will have to set up a new AOL Broadband connection at that new address. You accept that the installation of a new service in your new home will usually attract new line connection charges and a new minimum term contract. Unless you have lost or damaged any part of the Customer Premises Equipment, you will not have to obtain new equipment from CPW Broadband Services (UK) Limited.
5.2 Residential Use Only
AOL Broadband is not provided to you for use in your business or for commercial purposes - it is provided for residential use only. You must not resell your access and use of AOL Broadband for example as part of an Internet cafe.
5.3 Technical Restrictions
5.3.1 You cannot use the broadband connection installed as part of AOL Broadband to access the internet through the software of any other internet service provider. If you are already able to connect to your corporate network via dial-up modem access then connection via AOL Broadband may still be possible, but we cannot guarantee this.
5.3.2 AOL Broadband is not designed for you to operate a permanent internet file server including without limitation HTTP, FTP, IRC or similar server applications. We reserve the right to suspend or terminate your use of AOL Broadband where we become aware of, or reasonably suspects, such use by you. We consider this reasonable because this type of use can adversely affect the enjoyment of other customers' use of the AOL Access Service.
5.4 Home Networking
5.4.1 Provided that your PC meets the minimum system requirements and that you comply with our technical standards, AOL Broadband can be used for Home Networking. See - http://myaolbroadband.co.uk/homenetworking for more details.
5.4.2 Our Customer Services team will only be able to offer you support for problems you experience with connecting to AOL Broadband using Home Networking, not with any other problems you experience with this type of usage. Support is only offered on selected home networking products that have been thoroughly tested with the AOL Broadband network. See - http://myaolbroadband.co.uk/homenetworking for more details on supported products and routers.
6. Minimum Commitment Period
6.1 Where your AOL Broadband Service is subject to a minimum commitment period, this Agreement will continue for a minimum of 18 or 24 months, depending on your price plan (unless a shorter time frame is specified in writing by us during the registration process) from your first billing date on an AOL Broadband price plan ("Minimum Commitment Period"), unless it is ended earlier in accordance with either clause 7 or 8 below. If we inform you after acceptance of your offer to contract that installation of a broadband connection at your address is not possible or has not been successful, then your Agreement will terminate immediately.
7. Cancelling your Order - "Cooling Off Period"
7.1 You have the right to cancel your order for AOL Broadband for a period of seven working days, starting from the first day after the day on which this Agreement is entered into (the "Cooling Off Period"). A working day is any day except Saturday, Sunday and UK public holidays. You can cancel your order during this Cooling Off Period by giving us notice in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see - http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account.
7.2 If you cancel during the Cooling Off Period, then you will not have to make any payments for AOL Broadband and, if you are already a dial-up subscriber on the AOL Access Service, you will remain on your current price plan. If you do not want to cancel, you do not have to do anything.
7.3 We reserve the right to end this Agreement during this Cooling Off Period for any reason and you will be notified via email if we do so.
8. Ending your AOL Broadband Agreement after the Cooling Off Period
8.1 Our Rights
In addition to our termination rights outlined under the terms of the Access Agreement, we can end your AOL Broadband Agreement in the following circumstances:
8.1.1 Cancellation or suspension of your Phone Line
If the phone line through which you access AOL Broadband is disconnected or suspended by your telephone supplier, or if you move your phone line from BT to another supplier, then you will not be able to use AOL Broadband at your address.
8.1.2 Serious Breach of Your Obligations
If you fail to comply with any of your obligations set out in this Agreement or those set out in the AOL Access Agreement (e.g. you do not pay your monthly subscription fee), then we may in our reasonable discretion immediately suspend or end your use of AOL Broadband.
8.1.3 Outcome of termination by us
If this Agreement is terminated in accordance with clauses 8.1.1 and 8.1.2 above, and such termination takes place during any Minimum Commitment Period you have entered into, then (i) we will not refund any charges you have paid; and (ii) you will have to pay us a set sum for each month remaining under your Minimum Commitment period (the "Monthly Cancellation Charge"). How this sum is calculated will be outlined as part of the sign-up process to your AOL Broadband Price Plan. For example if you have agreed to a Minimum Commitment Period of 18 months and you terminate in month seven then you will have to pay the equivalent to 11 Monthly Cancellation Charges. We reserve the right to collect the totality of any such Monthly Cancellation Charges as a single payment at any time on or after your first payment date subsequent to the cancellation of your AOL Access subscription.
8.2 Your Rights
8.2.1 Changes to this AOL Broadband Agreement
Please see clause 11.4 of the AOL Access Agreement for details of what happens if we make any significant changes to this AOL Broadband Agreement.
8.2.2 Termination by You during any Minimum Commitment Period
You remain bound by any Minimum Commitment Period you have entered into. If you decide to terminate this AOL Broadband Agreement during any such Minimum Commitment Period, you will have to pay us a set sum for each month remaining under your Minimum Commitment period (the "Monthly Cancellation Charge"). How this sum is calculated will be outlined as part of the sign-up process to your AOL Broadband Price Plan. For example, if you have agreed to a Minimum Commitment Period of 18 months and you terminate in month seven then you will have to pay the equivalent to 11 Monthly Cancellation Charges. We reserve the right to collect the totality of any such Monthly Cancellation Charges as a single payment at any time on or after your first payment date subsequent to the cancellation of your AOL Access subscription.
8.2.3 MAC
In many instances, instead of cancelling your AOL Broadband service, you can ask for a MAC which enables you to move to a different broadband provider. Please see http://myaolbroadband.co.uk/cancelaolbb for details.
9. Ending the AOL Broadband Agreement after any Minimum Commitment Period
9.1 If you do not want to continue to use AOL Broadband after the expiry of any Minimum Commitment Period, then you must give us at least 30 days' notice of your wish to cancel. Either party may terminate this Agreement at any time after any Minimum Commitment Period by giving 30 days notice.
9.2 You can do this by notifying us in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account. We will not refund any charges relating to the remaining portion of the month in which you end your account.
9.3 If you decide to cancel the AOL Broadband Agreement, you may be given the opportunity to continue to use the AOL Access Service via a standard dial-up telephone connection and you will be able to select a price plan from those available, should you wish to do so.
9.4 Effect of Cancellation
If you cancel AOL Broadband but remain a user of the AOL Access Service via a dial-up connection, then you will be able to select a price plan from those available. If you do not select a price plan, you will automatically be placed on the price plan you were on before AOL Broadband, if applicable.
9.5 MAC
In many instances, instead of cancelling your AOL Broadband service, you can ask for a MAC which enables you to move to a different broadband provider. Please see - http://myaolbroadband.co.uk/cancelaolbb.
10. Charges and Billing
10.1 Subscription Fee
To use AOL Broadband you have to make subscription payments for any agreed Minimum Commitment Period, together with a daily charge for the period between the upgrading of your telephone line and your first bill on AOL Broadband.
10.2 Billing
You authorise us to charge your Billing Account for (a) the payments due from you for AOL Broadband; and (b) for any associated costs due from you under this Agreement. You further authorise us to charge your Billing Account for the Customer Premises Equipment Fee (if any) as agent for CPW Broadband Services (UK) Limited, as detailed in the Customer Premises Equipment Agreement.
10.3 Telephone Charges
You will be responsible for continuing to pay your telephone provider for the rental charge and telephony charges due for the telephone line, which has been upgraded for you to access AOL Broadband.
11. Governing Law and Jurisdiction
The contract between you and us comprised in the AOL Broadband Agreement is entered into in Luxembourg. The laws of the England and Wales govern the AOL Broadband Agreement and your subscription. You and we submit to the exclusive jurisdiction of the relevant UK court in relation to any dispute arising out of the AOL Broadband Agreement or any use of the AOL Broadband Service.
12. Provider
AOL Broadband is provided by TPH Services Sarl, registered in Luxembourg under number B 122 040 with a corporate address at Green Office Park, Parc d' Activites Syrdall 6, L-5365 Munsbach, Grand Duchy of Luxembourg.
Customer Premises Equipment Agreement
In addition to your agreement with TPH Services Sarl for AOL Broadband, you must read and agree to this Customer Premises Equipment Agreement. This Customer Premises Equipment Agreement details your rights and responsibilities as a customer ordering the Customer Premises Equipment (i.e. your modem or modem router) and those of CPW Broadband Services (UK) Limited ("CPW UK") as the supplier of the Customer Premises Equipment to you. This Customer Premises Equipment Agreement is in addition to the AOL Access Agreement (available at http://myaolbroadband.co.uk/cos) you have with TPH Services Sarl governing your use of The AOL Access Service. You must be at least 18 years old to enter into this Customer Premises Equipment Agreement.
Defined terms in this Customer Premises Equipment Agreement are as defined in the AOL Broadband Agreement.
1. Supply of the Customer Premises Equipment
1.1 If we are able to upgrade the phone line at your address to a broadband connection, CPW UK will, where appropriate to your price plan, supply you with an installation kit which will contain the following equipment: a modem/router; a CD-ROM containing the necessary software; an installation guide; filters and any additional items that may be provided to you through any special offers (together the "Customer Premises Equipment"). You will be responsible for any additional cabling required to connect your computer to the broadband connection.
1.2 CPW UK reserves the right to supply you with a substitute modem/router or substitute components forming part of the Customer Premises Equipment.
1.3 Please follow the installation guide to install the broadband connection at your address. If you experience any problems, then you should contact our Customer Services department for assistance. Please make sure you install the Customer Premises Equipment and the broadband connection at your home as soon as you receive it.
2. Charges and Billing for the Customer Premises Equipment
2.1 Customer Premises Equipment Fee: You must pay CPW UK for the Customer Premises Equipment together with a post and packing charge where applicable (the "CPE Fee"). The CPE Fee is payable on your first billing date after the CPE is sent to you by CPW UK. Where the CPE Fee is waived by CPW UK as part of a promotional offer, then your account will not be debited. (See clause 3 below).
2.2 Billing: The CPE Fee will be collected by TPH Services Sarl as the billing agent of CPW UK through the billing method you have set up to pay for your AOL Access Account. You will be notified if a billing agent other than TPH Services Sarl is appointed for the collection of the CPE Fee.
2.3 You must tell us about any billing problems or discrepancies promptly after they first appear on your account statement. If you do not bring them to our attention within 180 days, you will have waived your right to dispute those problems or discrepancies. If you do not bring them to our attention within 180 days, you will have waived your right to dispute those problems or discrepancies.
3. Your Right to cancel your Customer Premises Equipment Agreement during a "Cooling Off Period"
3.1 You have the right to cancel your order for the Customer Premises Equipment, starting from seven working days following the first working day after the day on which you receive the Customer Premises Equipment. A working day is any day except Saturday, Sunday and UK public holidays. You can cancel your order for the Customer Premises Equipment during this "Cooling Off Period" by giving us notice in writing addressed to Cancellations Department, CPW Broadband Services (Ireland) Ltd, IDA Business Park, Cork Road, Waterford, Ireland. Please see http://myaolbroadband.co.uk/cancelaolbb for further details on how to cancel your account.
3.2 If you cancel during this "Cooling Off Period" then you must return the Customer Premises Equipment to CPW UK at your own cost within 28 days of the date you cancelled. You must take reasonable care of the Customer Premises Equipment while it is in your possession. If you cancel during the "Cooling Off Period" and return the Customer Premises Equipment in good condition, then you will receive a refund of the CPE Fee where you have paid one. If you fail to return the Customer Premises Equipment in good condition to CPW UK within 28 days, then you will be responsible for payment of the CPE Fee. Where the Customer Premises Equipment has been discounted as part of a promotional offer then you agree to pay the full cost of the Customer Premises Equipment if you fail to return it complete and in good condition as we have set out in this clause 3.
3.3 If you cancel this Customer Premises Equipment Agreement during this "Cooling Off Period", then you will also have the right to cancel the AOL Broadband Agreement unless the equipment is supplied to you as part of a promotional offer.
4. Ending the Customer Premises Equipment Agreement
4.1 If you do not comply with any of your obligations set out in this Customer Premises Equipment Agreement (e.g. you provide us with false or misleading information) then CPW UK may immediately terminate your order for the Customer Premises Equipment, where it is reasonable to do so.
4.2 If your AOL Broadband Agreement is cancelled or ended during the "Cooling Off Period" under that Agreement, then this Customer Premises Equipment Agreement will automatically end, and you will not have to make any payments to CPW UK under this Customer Premises Equipment Agreement (unless you fail to return the Customer Premises Equipment to us in good condition within 28 days).
5. Warranties
5.1 CPW UK warrants that the Customer Premises Equipment is of satisfactory quality and is reasonably fit for its purpose. You acknowledge and agree that the Customer Premises Equipment is not intended for business or commercial use and is supplied to residential customers for residential use only.
6. Limitation of Liability
6.1 If things go wrong and you have a legal right to compensation from CPW UK, then the following provisions shall apply. The liability of CPW UK under this Customer Premises Equipment Agreement (whether in connection with this Agreement, or our negligence or any other cause) for the supply of the Customer Premises Equipment to you will not under any circumstances exceed (in respect of the incident or series of incidents giving rise to the liability) an amount equal to the greater of (i) twice the recommended retail price of your Customer Premises Equipment; or (ii) £800.
6.2 Nothing i