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Blue Lightning Broadband Agreement

Definitions

  • The words we, us and our mean Blue Lightning Trading Ltd. trading as Blue Lightning Internet
  • The words you, your and yours refer to the entity who enters this agreement with us.
  • BT means British Telecommunications plc, registered in England No. 1800000.
  • Business Hours means between the hours of 9.00 a.m. and 5.00 p.m. UK time Monday- Friday excluding Public Holidays in the UK.
  • Customer Equipment means all electrical and electronic equipment including mains electrical power and appropriate storage, systems software cabling and any other equipment deployed by you at your premises.
  • Initial Period means a minimum of one quarter from receiving the Service under this agreement.
  • Internet Protocol (IP) addresses allocated to you under this agreement are provider aggregatable addresses, that is you must release and return all IP addresses to us after termination of this agreement. The assignment of the address space becomes invalid when we no longer provide you with the service under this agreement.
  • LAN means local area network.
  • Quarter means a three-month period commencing on any day in any year.
  • Service(s) mean the services we provide using a BT Telephone analogue line (metallic path) enabling access through our network to the Internet.
  • Service Equipment means on site routing equipment, software, and cables and telecommunications equipment supplied by us or our sub-contractor(s) for the provision of the Service(s).
  • Site means a place to and from which we agree to provide the Service(s).

Provision of Services

We will provide the Services in accordance with this agreement. By placing an order with us for the service you are deemed to have accepted the Terms & Conditions contained herein. We reserve the right to decline any order up to and including the date of any proposed install should we discover that is it not possible to provide the Service.

Service Description

The Service will be one of the packages described below depending on your order:

  • h-250t - using customer supplied router and networking equipment, maximum 256 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • h-250c - using customer supplied router and networking equipment, maximum 256 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-250s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 256 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-250w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 256 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-500t - using customer supplied router and networking equipment, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • h-500c - using customer supplied router and networking equipment, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-500s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-500w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-1000t - using customer supplied router and networking equipment, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • h-1000c - using customer supplied router and networking equipment, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-1000s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-1000w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-2000t - using customer supplied router and networking equipment, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • h-2000c - using customer supplied router and networking equipment, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-2000s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-2000w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-500t - using customer supplied router and networking equipment, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • b-500c - using customer supplied router and networking equipment, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-500s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-500w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 512 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-8000t - using customer supplied router and networking equipment, maximum 8192 Kbps downstream bandwidth, maximum 400 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • h-8000c - using customer supplied router and networking equipment, maximum 8192 Kbps downstream bandwidth, maximum 400 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-8000s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 8192 Kbps downstream bandwidth, maximum 400 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • h-8000w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 8192 Kbps downstream bandwidth, maximum 400 Kbps upstream bandwidth, 50:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-1000t - using customer supplied router and networking equipment, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • b-1000c - using customer supplied router and networking equipment, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-1000s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-1000w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 1024 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-2000t - using customer supplied router and networking equipment, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • b-2000c - using customer supplied router and networking equipment, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-2000s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-2000w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 2048 Kbps downstream bandwidth, maximum 256 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-8000t - using customer supplied router and networking equipment, maximum 8192 Kbps downstream bandwidth, maximum 800 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling. MAC code required from existing providor.
  • b-8000c - using customer supplied router and networking equipment, maximum 8192 Kbps downstream bandwidth, maximum 800 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-8000s - includes pre-configured router supporting up to 4 concurrent wired connections, maximum 8192 Kbps downstream bandwidth, maximum 800 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.
  • b-8000w - includes pre-configured router supporting up to 250 concurrent wireless connections, maximum 8192 Kbps downstream bandwidth, maximum 800 Kbps upstream bandwidth, 20:1 contention ratio. Excludes computer network interfaces and network cabling.

Service Installation

We will enable the requested telephone line number as given to us by you for ADSL capability. You are responsible for connecting your LAN to the ADSL service by installing your customer equipment. You will also be responsible for the installation of the pre-configured Service Equipment which will be provided by us as part of our standard service packages. Initial Term for this service is one month as of receiving the service.

Your Obligations

You will:

  • be responsible for the Customer Equipment/configuration of your LAN
  • house the Service Equipment in accordance with our instructions
  • not alter, interfere with or remove the Service Equipment
  • only use the Service Equipment for the Service
  • comply with IP address allocation rules of RIPE
  • not use the Service to send or receive material which is offensive or which breaches any law of the United Kingdom
  • ensure a secure, healthy and safe working environment for our staff and our representative while on your premises.
  • You will indemnify us and keep us indemnified against any claims and costs arising out of your actions or omissions.
  • You will be responsible for the “metallic path” telephone line, the rental to BT for the line and all call charges in addition to the charges that you pay to us for the ADSL service.

On termination of this agreement return the Service Equipment to us in a good state of repair and return the IP address allocation to us.

Fault Resolution

In instances where a fault exists with the Service or, within the first 12 month period of the Service, the Service Equipment, providing you notify us during Business Hours, we will try to resolve a Service Outage as soon as reasonably possible. In instances where the fault is not due to a lacking in our Service or our Service Equipment we may charge and you shall pay additional fees based on the time and material spent by us in resolving the fault.

Terms and Conditions

  • The charges for the service are available on request.
  • Set-up charges are payable with order.
  • Charges are payable Quarterly in advance.
  • In addition to our charges we will charge you Value Added Tax.
  • Initial Period of the agreement is for one month as of the date of service delivery.
  • Termination notice of one Quarter after the expiration of the Initial Period.
  • If you require the service to be re-located we will consider it as a new provisioning of service.
  • Should you cease the service prior to the expiration of the Initial Period, you will have to pay us all the charges for the remainder of the Initial period.

If you do not pay us any money due under this agreement or otherwise then we may suspend the Service. Such suspension will not affect your obligations to us under this agreement.

YOUR ACCEPTANCE AND OUR GUARANTEE

Acceptance

We shall endeavour to inform you of the date of service delivery. Upon completion of service delivery and as of the close of the service delivery business day you will have 8 Business Hours to notify us of any lacking in the service. Should you not notify us of any lacking in service within the 8 hours after service delivery then at the expiration of the 8 hours you will have deemed to have accepted the service as of the service delivery date.

Our Guarantee

It is stated and you accept that the Service may not be without defect. You acknowledge this and accept that failures and/or degradation of the Service caused by technical or other faults or issues will, from time to time, occur.

What happens if you break this Agreement

If you break this agreement or become insolvent, charges are still payable and we will charge you for any losses or costs (including our internal costs) we have to pay as a result. You must pay us immediately any such amount. We may also suspend, terminate or withdraw the Services.

If we terminate, suspend or withdraw the Services because of your default or insolvency then you will still have to pay us all normal charges prior to termination including for the period of notice and for the Initial Period.

About changes to the agreement

We may change or add to the terms of the agreement. We may transfer our rights or duties under this agreement to another organisation (including organisations outside the European Economic Area). If we decide to do this we may let them have any information about you. We may also arrange any other persons to carry out our rights and duties under this agreement.

You may not transfer any of your rights and duties under this agreement. We can delay enforcing our rights under this agreement without losing them.

How we limit our liability to you

We will not, in any event, be liable to you for any indirect or consequential loss or damage (whether financial or otherwise), nor for any loss of data or profit. If we supply you with other products, the equipment and its configuration is entirely your responsibility.

In any event (other than death, personal injury, fraud or as provided in Part 1 of the Consumer Protection Act) our total liability to you will be limited to the amount paid by you for the Services which you suffered the loss. You must also notify us within 2 weeks of the loss or damage occurring, otherwise we will not be liable in any event.

How we may use your information

You agree that, as long as we are still responsible for making sure we hold your information safely, we may use any information we may have about you for:

  • Dealing with the Services
  • Monitoring and analysing the use of the Services

You agree that we may reveal or transfer information we hold about you:

  • To our agents or subcontractors
  • If we may have to do so by law

The laws of England and Wales govern this agreement.