Terms & Conditions

1. Definitions

• "DSL" means a Digital Subscriber Line.
• "Charges" means the charges associated with the Services and the Equipment, available from Millennium Telecom Ltd on request.
• "Contract" means the agreement between Millennium Telecom Ltd and the Customer comprising the contract application for Broadband as agreed over the telephone or completed by fax, in writing or email or on our website by the Customer or one of our agents or any other party on the Customer's behalf, these terms and conditions and the Price List.
• "Customer", "you" or "your" means the person or entity with whom we are entering into this Contract, whose details are included on the contract application forming part of this Contract.
• "Equipment" means the WiFi receiving equipment or other materials supplied by us to you.
• "Initial Period" means a period of 12 months of the Service commencing from the Start Date and will continue until terminated in accordance with Section 6.
• "Network" means the telecommunications network which Millennium Telecom Ltd operates and, for the purposes of such network, any apparatus leased by, or otherwise obtained by, Millennium Telecom Ltd from a third party.
• "MTL", "we", "us" or "our" means Millennium Telecom Ltd.
• "Premises" means your premises where the Service is to be received, which UK address is specified in your application form or otherwise advised by you upon making application.
• "Price List" means the list(s) of Charges current at the time the Customer uses the Service and Equipment as published on our website or as may be amended from time to time by MTL by posting on our website, or directly for specialist business applications.
• "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. Depending on which package you choose, the Service may be subject to a monthly maximum usage allowance.
• "Start Date" means the date the Service is activated on the Network and is made available to the Customer in accordance with these terms.
• "User Guide" means any guide or guides published by us as amended from time to time, which give(s) instructions about and information on the Service.

2. Broadband Service

2.1 Following acceptance of your application for the provision by us of Services 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). We will provide the Service at the Premises; however, if you later move, and we are able to provide the Service at your new address, you will be required to enter into a new agreement with us.

2.2 You acknowledge and accept that provision by us 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 therefore be guaranteed;
2. we may from time to time suspend provision of the Service because of repair (whether scheduled or due to emergency), maintenance or improvement, in which case we will endeavour to restore Service to you as soon as possible;
3. you must at your own expense provide suitable accommodation, facilities, assistance and environmental conditions for the Equipment and you must ensure all necessary electrical and other fittings are in place and in working order;
4. you must have a secure power supply at your Premises. This must be provided and maintained by you. MTL will not be held responsible for any interruption, loss, termination, suspension, cut-off, loss, virus or failure of the Service caused by power supply failure, lack of network capacity, physical obstructions or atmospheric conditions;
5. payment by you of all Charges when due as described in Section 5;
6. you represent that, in the case of an individual, you are at least 18 years old and that you have the right, ability and (if applicable) permission to enter into this Contract.

2.3 Some material on the internet may be offensive, inappropriate or unsuitable. You agree that we accept no responsibility whatsoever for any content, products, services, information, software or other materials offered by third parties on the internet or for any third party information whatsoever passing through or accessible via the Service (including via e-mail). You also agree that you are responsible for ensuring that your computer is adequately protected against viruses.

3. Use of the Service

3.1 You are solely responsible with respect to the accuracy, reliability, availability and performance of resources and/or content accessed through the Internet (including but not limited to, any and all financial and other transactions of any kind entered into by you or any person using the Service with any third party), which in all cases and in all circumstances you acknowledge and accept are at your own risk and, in any event, beyond our control.

3.2 You will comply with (and ensure that all users of your Service comply with): all relevant legislation, licences and regulations and mandatory instructions or guidelines issued by regulatory authorities; codes of practice relevant to use of Service; any Internet standards that are accepted and adopted by the Internet industry where failure to comply would adversely affect the provision of the Service; and the User Guide and any reasonable instructions that we may give from time to time.

3.3 You shall not use, nor allow any other(s) to use, the Service: to store, send, knowingly receive, upload, download or distribute any material that is unsolicited, defamatory, offensive, abusive, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights; to violate or infringe any rights of, or cause unwarranted or needless inconvenience, annoyance or anxiety to, any other person; to breach any laws, legislation, regulations, codes, standards or content requirements of any relevant body or authority; to obtain unauthorised access to any information, network or telecommunications system(s); to compromise the security or integrity of any network or telecommunications system(s); to place any viruses or other similar computer programs onto the Service or the internet; to store, distribute or reproduce commercial software or reproduce a third party's software or material without permission; for any improper, fraudulent or otherwise unlawful purpose; or to spam or send unsolicited advertising or promotional material.

3.4 If you use the Service in any way that, in our reasonable opinion, is or is likely to be detrimental to the provision of Service to you or any other of our customers then you will take such corrective and immediate action as we may require. If you fail to take such corrective action within a period of 3 days of our demand, we shall be entitled to suspend the Service without notice.

3.5 In all circumstances, you will indemnify us against any claims, actions or legal proceedings (including reasonable related costs and expenses) which are brought or threatened against us by a third party as a result of your failure to comply with your obligations under this Section 3.

3.6 Business and Residential users will, if reasonably required by us, provide us or our authorised subcontractors with access to your premises for the purpose of installation and/or activation, repair, maintenance, upgrades or recovery of equipment. Where the Service relates to the provision of remote access diagnostics, you will provide access to your computer and equipment for the purposes of remote access and you accept that such access will be at your own risk.

3.7 Your user name and password are confidential and you must inform us immediately if you know or suspect that they have been disclosed to an unauthorised user or are being used in an unauthorised way. We reserve the right to suspend access where we believe there has been or is likely to be unauthorised use. Until you notify us, you remain responsible for such use as if it was authorised.

3.8 Residential subscribers acknowledge and agree that this Service is intended for residential use only and you will not use the Service for any other purpose unless agreed by us. If you use the Service for business or other purposes, you agree that you do so without any conditions, guarantees or warranties, whether express or implied, which are expressly excluded to the maximum extent permitted by law.

4. MTL Obligations

4.1 We shall provide the Service to the Customer in accordance with this Contract and as described in the User Guide and any other instructions we give from time to time.

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

4.3 We may select and at any time change any carrier or other service provider for the purpose of providing the Service. The Customer irrevocably authorises us to give all notices, nominations and other authorisations necessary for us to provide the Service.

4.4 The Customer irrevocably authorises us to act on the Customer's behalf in all dealings with the operator of any telecommunications network or system in connection with any matter that enables us to provide the Service.

4.5 We do not guarantee that the Service will be free of faults or interruptions, errors, omissions or viruses, or will be timely or secure. You recognise that the Service may be affected by things we cannot control, such as lack of network capacity, physical obstructions, atmospheric conditions or delays caused by our suppliers or manufacturers.

4.6 We shall provide the Service with reasonable skill and care, but if you experience a problem or suspect a fault you should first telephone our customer services team. We shall not be responsible for any call-out or other charges you incur from any third party as a result of any problem or fault with the Service.

4.7 If you have a query or complaint regarding the Service you may contact our customer services team. We may monitor or record telephone calls for security purposes and to improve our standards of customer service.

4.8 Where we provide e-mail, web hosting and/or other services requiring storage space, we may impose and vary limits on that storage, refuse or delete material that exceeds those limits, and close any e-mail address or web space that remains inactive for 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 our invoices are via online billing and a valid email address must be given and maintained to receive these.

5.2 You may at any time request a change to the Service, which request may only be accepted by us in writing or by email and receipt will be acknowledged within 5 working days. Any agreed change may be queued to 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 a customer reports a fault and we attend site and find the fault to be caused by something MTL is not responsible for, a charge of £90 plus VAT will be added to your next bill.

5.4 You will receive paperless (online) bills. You will pay all Charges within 14 days of the invoice date in accordance with the direct debit instruction provided. If you choose not to pay by direct debit a £5.00 per month administration fee will be applied.

5.5 If you do not pay any bill(s) on time, we may at our discretion (i) suspend or terminate Services; and/or (ii) charge interest (accruing daily) on the overdue amount at 3% per annum above the Barclays Bank plc base rate; and/or (iii) charge an administration fee of £10.00 + VAT per month until your late payment is received in full.

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

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

5.8 MTL reserves the right to vary the Charges at any time on giving you notice in writing. We will give you 30 days' written notice if we vary the Charges by posting on our website for residential users or directly for Business users.

6. Duration, Cancellation and Termination

6.1 This Contract will remain in force (unless terminated earlier) for the Initial Period of 12 months and thereafter will automatically continue unless notified in writing or by email (receipt acknowledged within 5 working days).

6.2 If during the contract you move premises then (a) if we are willing and able to provide the service at the new premises we will install it and an installation fee will be payable, and the contract will continue as if uninterrupted; or (b) if we are not able or unwilling to provide the service at the new premises, we will cancel the agreement at the end of the next billing period and no further charges will be payable.

6.3 If you wish to cancel the Contract, you have up until the day of your installation to do so. You must tell us in writing and return, in an "as new" condition and in the original packaging, the Equipment and any additional items supplied, at your cost. After the Start Date the cancellation provisions of the Consumer Protection (Distance Selling) Regulations will not apply to the Service.

6.4 You may terminate the Services at any time by giving 30 days' prior written notice. If you terminate during the 12-month period starting on the Start Date (or any subsequent renewed periods), you are liable to pay all Charges relating to the contract period.

6.5 We may terminate this Contract at any time on giving 30 days' written notice. We may also terminate or suspend without notice if (a) we are directed by a competent authority to cease provision; (b) we are unable to provide the Service generally; (c) you have failed to comply with any provision of this Contract or other reasonable direction; or (d) you are the subject of any bankruptcy or insolvency proceedings.

6.6 Either of us may terminate this Contract immediately, on notice, if the other commits a material breach and fails to remedy it within 14 days of a written notice to do so.

6.7 We reserve the right to remove any product or service that remains unused for a period of 90 consecutive days.

7. Personal Data

Information you provide or we hold about you may be used by us or our agents to identify you when you contact us; help identify accounts, services and products which you could have from us; help run and contact you about the running of accounts, services and products; carry out marketing analysis and customer profiling; help prevent and detect fraud or loss; and contact you about products and services offered by us.

We may allow other people and organisations to use information we hold about you to provide services you have asked for; as part of selling one or more of our businesses; for legal or regulatory purposes; or as part of current or future legal proceedings. We may monitor and record communications with you for quality assurance and to meet our legal and regulatory requirements. We may check your details with one or more licensed credit-reference and fraud-prevention agencies, and keep a record of searches and payment details.

8. Intellectual Property Rights and Indemnity

8.1 You warrant that you are the owner of, or are authorised by the owner of, any trade mark or name that you wish to use as your registered domain names and/or as part of your URL and/or as your mailbox name.

8.2 All intellectual property rights relating to the Service or the User Guide, or arising during its development, belong to us or to a relevant third party, and no rights in such intellectual property will be transferred to you.

8.3 You indemnify us against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) arising from use of any domain name, URL or mailbox name that infringes third party rights; infringement of any third party's intellectual property rights in connection with the Services or Equipment; your misuse of the Services; your breach of these terms; or any breach or inaccuracy in your representations or warranties.

8.4 You agree that you will not, directly or indirectly, infringe our intellectual property rights or those of our licensors in using the Services or User Guide.

9. Equipment

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

9.2 Legal ownership of any Equipment you have purchased shall only pass to you upon receipt by us of full payment.

9.3 Any Equipment provided by us is provided with a copy of the manufacturer's guarantee. If any Equipment is faulty you must, at your cost, return it to us 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 our reasonable endeavours to provide the Service in all material respects in accordance with our obligations under this Contract.

10.2 Except as stated in 10.1, we make no warranty or representation with respect to the Services and Equipment, and, to the greatest extent permitted by law, we exclude all warranties relating to merchantability, satisfactory quality, suitability or fitness for a particular purpose.

10.3 MTL's maximum liability to the Customer, however arising, shall be limited to the amount paid by you to MTL during the year preceding the breach, in relation to any event or series of related events.

10.4 Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from negligence, or fraudulent misrepresentation.

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

10.6 MTL shall not be liable for the acts, omissions and/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 to the other (except in relation to payment by you) for any breach due to a reason outside its reasonable control, including any delays or failure caused by a third party.

11.2 Variation of terms: Subject to Section 5.7, we may vary these terms at any time by posting the changes on our website and, where reasonably practicable, giving you prior notice. If a variation is likely to cause material detriment, we will notify you and you may terminate with immediate effect by written notice. Continued use after a variation means you are bound by the terms as varied.

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

11.4 Notices and invoices: Any notice under this Contract may be given by us to you by post, personal service, e-mail or SMS to any address you have given us, or by posting it on our website. You must give notices to us by post, personal service or e-mail to the relevant address set out in the Online User Guide.

11.5 Transfer of rights: You may not assign, novate, sub-contract or transfer any of your rights or obligations without our prior written consent. We may assign, novate or transfer our rights and obligations to any third party without your consent.

11.6 Waiver: A delay in acting upon a breach will not be regarded as a waiver. Any waiver is limited to that particular breach.

11.7 Enforceability: If any part of this Contract is deemed unenforceable, the enforceability of the remainder will not be affected.

11.8 Entire Agreement: This Contract represents the entire agreement between you and us in relation to the Service and supersedes all previous Contracts.

11.9 Governing Law: This Contract is governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the English Courts.