Terms and Conditions Bonding Service
valid from 17th September 2014
“The customer” is The subscriber of XCommNet bonding services.
“Third Party” means a party associated directly with the supplier or a party that provides services, facilities, hardware or software via the supplier for the provision.
“Co-Lo provider” is a provider of data centre space where equipment and bandwidth are available to supplier.
“CPE” is a Customer-premises equipment (CPE). This is the equipment located at a subscriber’s premises or at the subscriber end user’s premise and connected with the supplier’s telecommunication channel.
“Viprinet HUB” channel aggregation end point.
“Secure VPN” A virtual private network extends a private network across a public network and make use of encryption techniques.
What we provide
The service we provide consists of:
- an end point channel aggregation;
- a high-speed end point internet connection fed from a Co-Lo provider core network in City Lifeline datacentre at 1000Mbit;
- All bandwidth and data transfer at the aggregation point is by single provider, or by managed BGP4 multi-homing through multiple redundant ISP’s;
- secure VPN from CPE to aggregation Viprinet HUB;
- fixed UK IP address. Charges may apply for administrative work involved in the assignment of IP addresses;
- any other applications, services and features that we may make available and which you choose to take – some of which may be subject to additional terms and additional fees.
- We’ll also provide under a fee equipment which you’ll need to use the service. Some of this equipment may need to be pre-configured and installed on site by an XCommNet engineer and you’ll need to agree where it is installed when we visit.
- We provide you with the ability to configure certain parameter on the CPE to suite specific needs. Changes of configurable parameters are made at the customer’s risk.
- Some service options such as “Streaming Optimization” or “Node stacking” require the purchase of specific license and need to be configured and installed by an XCommNet engineer under a fee. These services are subject to availability and compatibility check.
- We are also happy to provide quotes on WAN connection (ADSL, 3G, 4G, Satellite and so for). There are no restrictions on arranging their own WAN connection however customers are responsible for data usage, monitoring SIM exhaustion and usage outside the data bundle/bolt.
When the service starts
- The service starts on the “service start date” stated in the master agreement. If we have to visit to install the service, it will be activated after the installation is complete. You will usually need to take any service option for a minimum period – normally 12 or 24 months. This minimum period also begins on the service start date.
- If needed, we’ll agree a date with you for delivery or for the installation of any equipment, but all dates are estimates and we cannot guarantee we will meet them.
- If we need to change the delivery or installation date, we will try to contact you a minimum of two working days before the scheduled date.
- If you need to change or cancel any appointment date, you must tell us at least three working days prior to the scheduled appointment or we may charge you a missed appointment fee.
- If a visit is required for the installation there must be a person authorised to make decisions regarding the location and installation of equipment.
- As part of the on site installation, the engineer will be responsible to demonstrate a working internet connection to you. You equipment will be utilized for such demonstration providing that it has been pre-configured correctly. You will be responsible for connecting any other equipment such as customer routers, firewalls, additional computers servers, VoIP terminals and so for.
- We aim to provide a continuous, high-quality service but we do not guarantee either the quality of the service or that the service will be available at all times. From time to time faults in the service may occur. We will repair these faults as soon as we can.
- We cannot currently provide the service in all parts of the United Kingdom and where we are able to provide the service, it may not be available in all service options.
- For certain service options, we may take action to manage the network’s performance during periods where there is a high demand.
- You can cancel the service without charge at any time up until the service start date, except that you will have to pay our reasonable costs for any work that we have already started or completed in order to provide the service to you. You have certain rights to cancel after we have started to provide the service.
Additional Cancellation Rights
- If you ordered a new service at the same time as, you can also cancel the service without paying a charge for ending it early.
- If we quote an upload/download speeds when you order the service this will be an estimate only. Once your speeds have settled (depending on the bandwidth fine tuning), if you are always getting speeds lower than the estimated range that we quoted, you can contact us any time within the first 3 months after you ordered the service and we will try to improve the speeds. If, despite any improvements we try to make, the speeds you get are less than the “minimum guaranteed access line speeds” for your service you will be entitled to cancel the service without paying a charge for ending it early – provided you have followed our instructions in trying to resolve the problem.
- 48 hours’ notice will be provided in the event of any planned power or equipment outages. In the case of an emergency requiring immediate action the customer’s permission will be sought.
- Planned maintenance will be carried out between 23:00 and 06:00 in order to minimise disruption.
- Supplier equipment is located in a secure building with both physical and electronic security including securely sectioned areas.
- Network operation centres are secured by biometric entry systems and CCTV monitoring and recording.
- Our Co-Lo provider monitors network connections 24 hours a day and technical engineers are informed immediately by email/sms in the event of server failure.
- An extension of the above service is available to subscribers subject to charge.
- A monitoring infrastructure at the Co-Lo provider and at the supplier regularly checks the supplier’s equipment to ensure they are up. In event of a failure engineers will be notified immediately.
Using the service
- You can use the service for any commercial or business purpose unless we have given you restrictions to do so. If we find that you are using the service with a different purpose than what agreed we reserve the right to limit or terminate the service immediately.
- If you use the service in any way that we consider is likely to be detrimental to the provision of the service or which may adversely affect other customer’s experience of the service we reserve the right to restrict or terminate your service immediately. If your machine has been infected by malware, or attempts to contact or access a malicious domain, we may take steps in our network to block access to that domain to protect you from possible criminal threats associated with that malware and to stop the spread of that infection.
- Internet connections are accountable by either bandwidth or average monthly data transfer.
- Some service options have monthly usage allowances. If you go over your usage allowance, we will charge you for your additional usage and can move you to another service option that is better suited to your usage or end your agreement.
- If we move you to another service option while you are still within your minimum period, the remainder of that minimum period will apply to your new service option.
- The subscriber will ensure that the facilities provided will not be used for any illegal activity, and will indemnify the supplier from any liability should arise due to such usage.
- The subscriber shall comply with terms and conditions set out by any third party in connection with the provision of the services provided to the subscriber by the supplier.
- The subscriber accepts that in the event of a breach of the above clauses the supplier may without notice or liability suspend the subscribers services.
- The subscriber warrants to the supplier that use of the facilities and services provided will not knowingly infringe the intellectual property rights or other rights of any third party.
- The subscriber will indemnify the supplier and keep them indemnified against all costs, claims, expenses and liabilities incurred or suffered by the supplier in acting on behalf, or as an agent for the subscriber, including, without limitation, all fees payable by the supplier to any third party in relation to the agreed services provided to the subscriber.
- The subscriber warrants to the supplier that the subscriber has not been induced to enter into this agreement by any warranties or representations except as specifically contained in this agreement as warranties. The subscriber waives any claim for breach of any representation and for any misrepresentation, except in respect of any fraud.
- The liability of the supplier whether in contract or in tort, or in any other way connected with the services provided within this agreement will be limited to damages which will not exceed 100% of the fees paid by the subscriber to the supplier in the previous three months of this agreement.
- The supplier does not warrant or represent that the services will be available, or will continue to be available for use by the subscriber. The supplier does not warrant or represent that the use of the services supplied will not infringe the intellectual property rights, or any other rights of any third party.
- The supplier accepts no responsibility for the use, or consequences of any use of any services provided within this agreement, in particular any conflict or infringement of trademarks, service marks, either registered or unregistered, or any other rights.
- The subscriber acknowledges that they are aware of any exclusions and limitations on the suppliers liability in this agreement, and that the supplier is willing to undertake greater liability provided they are able to obtain insurance to cover fully its potential liabilities to the subscriber, and that the subscriber pays for that insurance.
Deferred Payment for Equipment
- In some cases we will allow you to defer payment of the full price of the equipment we supply for use with the service. If you then end the service within 12 months of XCommNet accepting your order and you did not pay the full price of that equipment when you placed your order, then you will be liable to pay the balance – that is the price of the equipment as set out in the quote, less any amount which you paid upfront when you placed your order, unless you end the service within the cancellation period. The deferred payment is no longer payable after you have received service for 12 months or more from the date that your order was accepted by XCommNet.
Changes we may make
- Occasionally, we may have to interrupt the service. If we do so, we will restore it as quickly as we can. We may also make minor changes to certain technical specifications, including limits for transferring information which are associated with the service. We may also change usage allowances.
Changes you can make
- You can upgrade to another service option that is delivered in the same way as your current service option at any time and any remaining minimum period of your current service option will be carried forward to your new service option.
- If you upgrade to a service option that is delivered in a different way to your current service option, a new minimum period will apply and you’ll need to pay any applicable activation charge for that service option.
- You can move address where the CPE is located however the service may not preserve the same features in terms of performance and bandwidth. It is the customer’s responsibility to ensure the CPE will work at the new location and with the new WAN arrangements. A new router configuration may also be required as well as an engineer visit. Charges are applicable to configuration changes and for engineer visits.
Ending your agreement
- If you are using any value added services, applications or features which are free of charge, these will end on the day your agreement with us ends.