OEP FTTP Terms & Conditions

This sets out the terms and conditions on which Millennium Telecom Ltd, registered in England with company number 5586073 ("MTL"), will provide the OEP FTTP Services (the "Service") to the Customer. By using the Service the Customer agrees to the following terms and conditions ("terms").

1. Definitions

• "FTTP" means a contended internet access service delivered by either fibre optic cable, copper cable, wireless or any combination of these technologies.
• "Charges" means the charges associated with the Services and the Equipment, as described on the Price List or available from MTL on request.
• "Contract" means the agreement between MTL and the Customer comprising the application form for OEP FTTP, these terms and conditions, the OEP FTTP SLA and the Price List.
• "Customer", "you" or "your" means the person or entity with whom we are entering into this Contract.
• "Equipment" means the equipment or other materials supplied and owned by us and located in your premises which is required to provide the Service.
• "Network" means the communications network which MTL operates and any apparatus leased or otherwise obtained by MTL from a third party.
• "MTL", "we", "us" or "our" means Millennium Telecom Ltd.
• "Premises" means your premises where the Service is to be received.
• "OEP FTTP SLA" is the document available from our website which specifies the availability of the service, the support of the service and the speed to repair faults.
• "Service" means the services provided by us to you under the Contract, comprising (i) high speed access to the Internet, (ii) the preparation and set-up of such access, and (iii) remote access diagnostics.
• "Start Date" means the date the Service is activated on the Network and is made available to the Customer.

2. The Service

2.1 Following acceptance of your application and confirmation that you should be within our coverage area, we will deliver the Equipment to your Premises (and arrange for an engineer to fit the equipment where applicable).

2.2 You acknowledge and accept that provision of the Service is subject to the following:

1. the transmission speeds of the Service will vary from time to time due to congestion on the network and cannot be guaranteed;
2. the service has no usage limits on the amount of traffic sent or received; however the transmission speed may be altered at our discretion due to excessive use that, in our reasonable opinion, will affect the quality of the service for other users;
3. we may from time to time suspend provision of the Service because of repair, maintenance or improvement, and will endeavour to restore Service as soon as possible;
4. you must at your own expense provide suitable accommodation, facilities, assistance and environmental conditions for the Equipment and ensure all necessary electrical and other fittings are in place and working;
5. you must have a secure power supply at your Premises, provided and maintained by you. MTL will not be held responsible for any failure of the Service caused by power supply failure, lack of network capacity, physical obstructions or atmospheric conditions;
6. payment by you of all Charges when due as described in Section 5;
7. you represent that, in the case of an individual, you are at least 18 years old and have the right and permission to enter into this Contract.

2.3 Some material on the internet may be offensive or unsuitable. We accept no responsibility for any content offered by third parties on the internet or for any third party information passing through or accessible via the Service. You are responsible for ensuring your computer is adequately protected against viruses.

3. Use of the Service

3.1 You are solely responsible for the accuracy, reliability, availability and performance of resources and/or content accessed through the Internet, which is at your own risk and beyond our control.

3.2 You will comply with (and ensure all users comply with) all relevant legislation, licences and regulations; codes of practice; accepted Internet standards; and the User Guide and any reasonable instructions we give.

3.3 You shall not use, nor allow others to use, the Service for unsolicited, defamatory, offensive, abusive, obscene or menacing material or material in breach of any rights; to infringe the rights of others; to breach any laws; to obtain unauthorised access to any system; to compromise the security of any network; to place viruses; to reproduce commercial software without permission; for any unlawful purpose; or to spam.

3.4 If you use the Service in a way that is or is likely to be detrimental to the Service for you or other customers, you will take corrective action as required. If you fail to do so within 3 days of our demand, we may suspend the Service without notice.

3.5 You will indemnify us against any claims, actions or legal proceedings brought against us by a third party as a result of your failure to comply with this Section 3.

3.6 Customers will, if reasonably required, provide us or our authorised subcontractors with access to your premises for installation, activation, repair, maintenance, upgrades or recovery of equipment. Remote access diagnostics access is at your own risk.

3.7 If you are issued a user name and password it is confidential and you must inform us immediately of any suspected unauthorised use. Until you notify us, you remain responsible for such use as if authorised.

4. MTL Obligations

4.1 We shall provide the Service in accordance with this Contract and the User Guide.

4.2 The Service is made available on the condition that the Customer does not (i) resupply, resell or otherwise make the Service available on a commercial basis; or (ii) use the Service for any purposes outlined in clause 3.3.

4.3 We may select and at any time change any carrier or other service provider. You irrevocably authorise us to give all notices and authorisations necessary to provide the Service.

4.4 You irrevocably authorise us to act on your behalf in all dealings with the operator of any telecommunications network or system in connection with providing the Service.

4.5 We do not guarantee that the Service will be free of faults, interruptions, errors, omissions or viruses, or will be timely or secure.

4.6 We shall provide the Service with reasonable skill and care; if you suspect a fault, telephone our customer services team first. We are not responsible for any third party call-out or other charges.

4.7 You may contact our customer services team with any query or complaint. We may monitor or record calls for security and to improve customer service.

4.8 Where we provide e-mail, web hosting or other storage services, we may impose and vary storage limits, refuse or delete material exceeding limits, and close any inactive e-mail address or web space after three months.

5. Charges

5.1 We will send you an invoice for the Initial Charges on or after the Start Date, and thereafter monthly in advance. All invoices are via email billing and a valid email address must be maintained.

5.2 You may request a change to the Service at any time, accepted only in writing or by email, with receipt acknowledged within 5 working days. Any agreed change may take effect at the end of your current billing cycle.

5.3 MTL is responsible for the good functioning of the equipment up to but not including the customer router, subject to customer obligations (section 2.2). If we attend site and find the fault is caused by something MTL is not responsible for, a charge of £90 excluding VAT will be added to your next bill.

5.4 You will receive paperless (email) bills. You will pay all Charges within 14 days of the invoice date by direct debit. If you choose not to pay by direct debit a £5 per month administration fee will apply.

5.5 If you do not pay on time, we may (i) suspend or terminate Services; and/or (ii) charge interest (accruing daily) at 8% per annum above the Barclays Bank plc base rate; and/or (iii) charge an administration fee of £10.00 + VAT per month until paid in full.

5.6 If your account remains outstanding, 18 days after the original due date we will send a further written notification requiring full payment within 7 days, failing which we may refer the account to credit reference agencies, solicitors or collection services (you will be responsible for costs), and charge a further administration fee.

5.7 If your account remains unpaid for 25 days after the original due date, a security deposit of two times your average monthly invoice may be required before reinstatement.

5.8 MTL reserves the right to vary the Charges at any time on giving you 30 days' written notice by email and by posting on our website.

6. Duration, Cancellation and Termination

6.1 This Contract will remain in force until terminated under this Contract.

6.2 If you wish to cancel, you have up until the day of your installation to do so. You must tell us in writing and return the Equipment and any additional items in an "as new" condition and in the original packaging, at your cost.

6.3 You may terminate the Services at any time by giving 90 days' notice, in writing or by email. The notice will be acknowledged within 7 days of receipt by email; if not acknowledged, it will be deemed not given.

6.4 We may terminate this Contract at any time on giving 90 days' written notice. We may also terminate or suspend without notice if (a) directed by a competent authority; (b) we are unable to provide the Service; (c) you fail to comply with any provision; or (d) you are subject to bankruptcy or insolvency proceedings.

6.5 Either of us may terminate immediately, on notice, if the other commits a material breach and fails to remedy it within 14 days of a written request.

6.6 We reserve the right to remove any product or service that remains unused for 90 consecutive days.

7. Personal Data

Information you provide or we hold about you may be used to identify you when you contact us; help identify accounts and products; help run accounts and services; carry out marketing analysis and customer profiling; help prevent and detect fraud or loss; and contact you about products and services. We may allow others to use your information to provide services you've asked for, as part of selling a business, for legal or regulatory purposes, or in legal proceedings. We may monitor and record communications for quality assurance and compliance.

8. Intellectual Property Rights and Indemnity

You warrant that you own or are authorised to use any trade mark or name used as your domain names, URL or mailbox name. All intellectual property rights relating to the Service or User Guide belong to us or a relevant third party. You indemnify us against any claim arising from infringing use of domain names, URLs or mailbox names; infringement of third party intellectual property; misuse of the Services; breach of these terms; or inaccuracy in your representations or warranties.

9. Equipment

9.1 Risk of loss or damage to the Equipment is your responsibility as soon as it is delivered to your Premises.

9.2 Legal ownership of any purchased Equipment passes to you only upon our receipt of full payment.

9.3 Equipment is provided with a copy of the manufacturer's guarantee. Faulty Equipment must, at your cost, be returned within 14 days in an "as new" condition.

9.4 We reserve the right to charge you for any Equipment at the full retail price.

10. Warranty and Limitation of Liability

10.1 We warrant that we will use reasonable endeavours to provide the Service in accordance with our obligations.

10.2 Except as stated above, we exclude, to the greatest extent permitted by law, all warranties relating to merchantability, satisfactory quality, suitability or fitness for a particular purpose.

10.3 MTL's maximum liability, however arising, is limited to the amount paid by you to MTL during the year preceding the breach.

10.4 Nothing excludes or limits liability for death or personal injury resulting from negligence, or for fraudulent misrepresentation.

10.5 MTL shall not be liable for any loss of revenue, business, goodwill, anticipated savings, profits, opportunity, reputation, wasted expenditure or lost/corrupted data, whether direct, indirect or consequential.

10.6 MTL shall not be liable for the acts, omissions or failures of the Customer, other licensed operators, third parties or its suppliers or manufacturers.

11. General

11.1 Force Majeure: Neither party will be liable (except for payment by you) for any breach due to a reason outside its reasonable control.

11.2 Variation of terms: We may vary these terms at any time by posting changes on our website and, where practicable, giving prior notice. If a variation is likely to cause material detriment, we will notify you by email and you may terminate with immediate effect.

11.3 Third party rights: This Contract does not create any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by a non-party.

11.4 Notices and invoices: Notices may be given by post, personal service, e-mail or SMS to any contact details you've given us, or by posting on our website.

11.5 Transfer of rights: You may not assign or transfer your rights without our consent. We may assign or transfer our rights and obligations without your consent.

11.6 Waiver: A delay in acting on a breach is not a waiver; any waiver is limited to that breach.

11.7 Enforceability: If any part is unenforceable, the remainder is unaffected.

11.8 Entire Agreement: This Contract is the entire agreement and supersedes all previous Contracts.

11.9 Governing Law: Governed by the law of England and Wales, with the exclusive jurisdiction of the English Courts.