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Please read these Terms and Conditions (Ts&Cs) carefully as they contain important information about the service, its use and limitations; about the agreement between you as a customer andSatellite Internet which is a trading name of BeyonDSL.net Limited (BeyonDSL); how to manage your account; changing/terminating your contract length and consumer rights. In particular, your attention is drawn to paragraph 13- Unacceptable Use.
In summary, we will only provide service to those who pay their bills on time and don't do anything illegal or offensive or which is an abuse of the system (such as overuse, disruptive software, malware etc) or which degrades the service for other users.
We will use our best efforts to provide the service but, since the internet is a shared resource, no performance guarantees can be given.
If your application is accepted, agreement to these Ts&Cs is required to use the Service
Terms and Conditions Sections
- Interpretation
- Managing Your Account
- Username(s) and Password(s)
- Charges and Billing
- Equipment Set Offer
- Special Offer Restrictions
- Duration of Contract
- Service Provision
- Service Parameters, Packages and Performance
- Installation
- Internet
- Restrictions on Use
- Unacceptable Use
- Other
- Breach of Contract
- Distance Selling Regulations
- Termination of Contract
- Indemnity
- Giving Notice
- Entire Contract
- Law and Jurisdiction
1. Interpretation
1.1. In this Contract unless the context otherwise requires:
1.2. "Satellite Internet" is a trading name of BeyonDSL.net Limited(BeyonDSL).
1.3. "BeyonDSL" means BeyonDSL.net Limited, whose registered office is at 3 Phoenix Park, Apsley Way, London, NW2 7LN, or any subsidiary of BeyonDSL.
1.4. "Charges" means the charges payable by the Subscriber, details of which are publicised at www.satelliteinternet.co.uk.
1.5. "Content" means any data, information, graphics, video, sound, music, photographs, software and any other material (in whatever form), which may be made available to Subscriber as part of the Service.
1.6. "Contract" means these terms and conditions and any documents referred to in them and the Registration and Payment Forms including the Charges for the Service.
1.7. "Subscriber" means the person with which BeyonDSL makes this Contract.
1.8. "Account", "Your Account", "Your "My Account"", mean the Subscriber, Service and Account details registered by Subscriber and provided by BeyonDSL in order to provide the Service to the Subscriber.
1.9. "MAC address" means the MAC address of the receive device the Subscriber uses to access the Service as described to BeyonDSL in the Registration and Payment Forms.
1.10. "Registration and Payment Forms" means the online registration and payment forms located at www.satelliteinternet.co.uk and the subscription and equipment order forms submitted by Subscriber with Subscriber details.
1.11. "Service" means the SES Broadband Service (SBBS) also known as ASTRA2Connect (A2C) (including any restrictions on its use), a method of accessing the Internet as described at the URL www.satelliteinternet.co.uk, or such other services as BeyonDSL may offer; such Service may change from time to time.
1.12. "The Broadband Service Provider" means the company that makes available the service.
1.13. "Broadband Software" means any software that may be provided by BeyonDSL or the Broadband Service Provider to enable Subscriber to access or use the Service.
1.14. "Start Date" means the date when the Subscriber agrees to be bound by these Terms and Conditions by clicking on the Send Registration button online, by returning the subscription and equipment order forms or by purchasing the service or items by phone.
1.15. "Minimum Term" means the period of time you will have to agree to stay with us when placing the order at which time the level of charges payable will be identified.
2. Managing Your Account
2.1. Your Account is managed online by email and via your "My Account" pages. We will contact you about your account with us via email so please ensure you always keep your email address and other details up-to-date by logging in to your "My Account" page at www.satelliteinternet.co.uk.
2.2. You manage your account through the same page to see the account status, MAC address of your equipment, data consumed, speedstep, your monthly data reset date, purchase a Reset or change package. It is also the place where you can check your satellite signal. Please make yourself familiar with it.
2.3. Please also ensure you set your spam filter to accept our emails or you may miss important notifications such as invoice reminders and risk being cut-off due to non-payment.
2.4. You must also keep your credit / debit card details up-to-date so that payments don't fail or service may be withdrawn due to non-payment.
2.5. The information that Subscriber provides on the Registration and Payment Forms and on the Subscriber "My Account" pages shall be true, accurate and complete. Subscriber agrees to inform BeyonDSL of any changes to Subscriber's Account Details immediately by updating the Subscriber's "My Account" pages.
3. Username(s) and Password(s)
3.1. In order to use the Service, access the "My Account" pages and use the email account if supplied, Subscriber will be issued with unique user name(s) and password(s). Subscriber is responsible for the security and proper use of all user names and passwords relating to the Service and must take all necessary steps to ensure that the usernames and passwords are kept confidential, secure and used properly.
3.2. Subscriber must not change or attempt to change a user name or to circumvent or attempt to circumvent any of the safeguards of the Service. If Subscriber forgets the issued password, a new password can be obtained on request.
3.3. If BeyonDSL has reason to believe that there is likely to be a breach of security or misuse of the Service,BeyonDSL may without liability:
3.3.1 change Subscriber's password and notify Subscriber accordingly; and/or
3.3.2 suspend Subscriber's username or password access to the Service.
3.4. Subscriber must inform BeyonDSL immediately if Subscriber has any reason to believe that any username or password has become known to someone not authorised to use it or if any password is being or is likely to be used in any way that would breach these Terms and Conditions.
4. Charges and billing
4.1. Subscriber agrees to pay the Charges for the Service as described in the Registration and Payment Forms.
4.2. A valid credit or debit card must be entered by the Subscriber for the Account. Subscriber must keep these details up-to-date or service may be withdrawn due to non-payment.
4.3. BeyonDSL does not have access to your card details which are held securely by the transaction processor, SagePay.
4.4. Activation and the firstCharges are due on the Start Date.
4.5. Subsequent Charges will be due on or near the anniversary date of activation.
4.6. Continued access to the Service will incur a charge payable on the Start Date and charges thereafter paid by the method chosen by Subscriber. The frequency and value of subsequent charges will be established at the time of the latest order for the Service.
4.7 Failure to pay the charges will result in access to service being withdrawn.
4.8. Subscriber may purchase TopUps and Resets online for which payments are immediately due and will be taken automatically from the card details entered on the Account.
4.9. If the Subscriber allows the Account to lapse for any reason, another Activation charge will be due.
4.10. Unless stated otherwise, all Charges for the Service are inclusive of Value Added Tax.
5. Equipment Set Offer
5.1. The full price for an Equipment Set is £450 inc VAT.
5.2. Equipment Set price is a subsidised price identified on the first order and is subject to the Minimum Term selected and which we call a Subsidised Equipment set.
5.3. Only one Subsidised Equipment Set is offered with each new Account.
5.4. Only one Subsidised Equipment Set is offered for each site location.
5.5. The Subsidised Equipment Set price may change from time to time.
5.6. If a Subscriber's Equipment Set is damaged and requires replacement, or if a Subscriber wishes to purchase a new Equipment Set for use with an existing Account for any reason, the full unsubsidised priceapplies.
6. Special Offer Restrictions
6.1. Only one Special Offer may be claimed by each new Subscriber / Account. Subscribers who have had a Subsidised Equipment Set and / or a Special Offer do not qualify for a second one even if they let their original subscription contract lapse.
7. Duration of Contract
7.1. The Contract shall start on the Start Date. Subscriber is deemed to be bound by these Terms and Conditions at the same time.
7.2. The Contract is for the Minimum Term.
7.3. Special promotion offers and promotional contracts of longer duration may be offered from time to time and additional Ts&Cs will apply to these.
7.4. During the Minimum Term, Subscribers may upgrade and add options without penalty.
7.5. Subscribers may not normally downgrade or delete options during the Minimum Term.
7.6. After Minimum Term, the contract will continue until terminated in accordance with 17.1.1
7.7. If the Subscriber ceases service for any reason during the Minimum Term,a cancellation charge will immediately become due for payment, and which is calculated as the difference between the full price for an Equipment set defined in clause 5.1 and the subsidised price defined in clause 5.2.BeyonDSL may at its discretion, reduce the cancellation charge in proportion to the number of months completed during the Minimum Term.
8. Service Provision
8.1. BeyonDSL agrees to provide Subscriber with the Service on the terms and conditions of this Contract and in performing BeyonDSL's obligations under this Contract BeyonDSL will exercise the reasonable care and skill of an Internet Service Provider.
8.2. To use the Service the Subscriber must have initiated the Start Date defined in 1.14 and have been notified by BeyonDSL that Subscriber has been accepted to use the Service.
8.3. Provision of the Service is dependent upon a satisfactory installation. Initiating the Start Date does not mean the Service can be successfully activated or that the Subscriber's application has been accepted.
8.4. The Service can only be provided to installations which pass the signal checks. These signal checks are available on the Subscriber "My Account" page for the Subscriber's convenience.
8.5. The Service can only be provided to satmodems connected to a correctly installed Outdoor Unit (dish/iLNB). The satmodem includes a user interface reporting operational status and tests for the Subscriber to check.
8.6. Subscriber must ensure that any equipment or services connected to or used with the Service is used in accordance with any instructions and safety procedures provided by the suppliers of that equipment and services.
8.7. The Service is provided to the Ethernet port on the satmodem. BeyonDSL does not support Subscriber networks setup, configuration or operation other than the information provided in the equipment User Manual.
8.8. Subscriber agrees that in order to receive the Service some modifications may need to be made to Subscriber's PC and its operating software to make it operate with the Service. As with any installation of new hardware or software a full back up of the software (including operating software) on the PC should be made before any changes to that software are made. BeyonDSL hereby excludes liability for any claims, loss, demands or damage of any kind whatsoever with respect to the Service, including, without limitation, direct, indirect, incidental, or consequential loss or damages, whether arising from loss or profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to BeyonDSL.
8.9. BeyonDSL expressly disclaims any and all warranties express or implied, to the extent permitted by applicable law, including without limitation satisfactory quality, fitness for particular purpose with respect to the Service. Nothing in this Contract removes or limits BeyonDSL's liability for death or personal injury or fraud caused by something BeyonDSL has done or has failed todo.
9. Service Parameters, Packages and Performance
9.1. BeyonDSL cannot accept any responsibility for any defects, errors or faults in the Service but will endeavour to correct reported faults as soon as reasonably possible. The Service is distributed on an "as is" and "as available" basis without warranties of any kind, either express or implied.
9.2. Subscriber acknowledges that any service parameters, including connection speed and data allowances, are specified for the overall connection as delivered to the satmodem. Where the connection is shared between other computers and devices, the speed and data are also shared.
9.3. Service is provided in "Packages" which vary in type, speed and data allowances. Data allowances apply independently to download and upload. A summary of Service Package Descriptions is available in the FAQ section.
9.3.1 Value Plus (V+) Packages allow a set data amount for upload and download each month, plus an extra follow-on amount at a lower speed if the normal amount is used up.
9.3.2 Value Packages allow a set data amount for upload and download each month. If the current monthly usage limit is reached, the Subscriber must purchase additional data to continue using the service.
9.3.3 Standard Packages allow unlimited data each month. However, speeds are progressively reduced as data amount steps are reached.
9.4. Subscriber acknowledges and accepts that the maximum speeds in the description of the Service, including speed steps and follow on speeds, are upper limits to the potential speed. These upper limits will be reduced by congestion at peak times.
9.5. Actual speeds achieved will be affected by many factors including:
9.5.1 internet congestion at the time
9.5.2 performance of any router or other network device installed by Subscriber
9.5.3 performance of Subscriber computer(s) and browser(s)
9.5.4 number of computers and other internet enabled devices using the Service
9.5.5 number of TCP sessions opened
9.5.6 number and nature of applications and downloads running in the background
9.5.7 malware and virus infection
9.5.8 speed step of the Subscribers chosen package as determined by the amount of data used in conjunction with the usage parameters of the aforementioned package
9.5.9 performance of the website or internet service that the Subscriber is attempting to use
9.5.10 performance of the speed test server and the connection established between this server and the Subscriber's computer which running the speed test
9.6. The Service may be suspended for operational reasons (such as maintenance or upgrades) or because of an emergency. Before suspending or interrupting the Service BeyonDSL will give Subscriber as much notice as is reasonably possible. BeyonDSL will restore the Service as soon as possible after any suspension.
9.7. For operational reasons, BeyonDSL may have to alter technical specifications associated with the Service but before doing so will give Subscriber as much notice as possible.
9.8. BeyonDSL may give Subscriber instructions concerning the use of the Service and Subscriber agrees to observe such instructions as are issued.
10. Installation
10.1. BeyonDSL offers a national installation service for the external equipment and satmodem. In addition, Subscribers may carry out their own installation or commission their own installer. In any case, the installation must be carried out with due care to Health and Safety, construction regulations and electrical regulations. Subscribers should consult a qualified professional such as a CAI Member. The install must be carried out as per the installation manual provided and following the CAI Code of Practice (www.cai.org.uk).
10.2. A "Standard Installation" is defined as a maximum cable run of 30m from the dish, no more than one storey high, on a south facing wall through a single wall to a single internal point with no special bracketry or special access requirements but does not include any additional travel costs for rural remote installations.
10.3. Some more remote and rural post codes may be subject to a post code supplemental charge to cover additional fuel and traveling time costs. Where possible BeyonDSL will try and absorb this supplemental charge if the installation can be arranged into normal daily activities or journeys. The Remote areas are categorised;
Rural Travel Surcharge – England/ Wales
Rural Travel Surcharge – Scotland
Rural Travel Surcharge – Highlands
10.4. Special requirements may need extra work which will be quoted by installer to the subscriber before proceeding.
10.5. Setting up of Subscriber networks or special systems is not covered by the standard install.
11. Internet
11.1. BeyonDSL is not liable whether in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications services of for the faults in or failures of their networks and equipment.
11.2. Subscriber agrees that BeyonDSL has no control over the information that can be accessed by using the Service, and that BeyonDSL does not control the use to which Subscriber puts the Service or the nature of the information Subscriber is sending or receiving.
11.3. The Service provides the Subscriber with an ability to use the internet. The internet is separate from the Service and use of the Internet is at Subscriber's own risk and is subject to any applicable laws. BeyonDSL has no responsibility for any goods, services, information, software, or other materials obtained by Subscriber when using the Internet.
11.4. Subscriber also acknowledges that data transmitted via the Internet may be protected by third party rights, including inter alia, intellectual property rights. Subscriber is solely responsible for the data Subscriber consults and transfers via the Internet, and Subscriber may not transmit data that violates or may violate any third party's rights.
11.5. Subscriber hereby acknowledges and agrees that the Internet is not a secure network, in particular regarding data transmissions. Accordingly, BeyonDSL does not warrant the integrity, authentication and confidentiality of the information, files and data subscriber exchanges via the Internet. Subscriber is responsible for taking all appropriate steps to protect Subscriber's data and/or software from corruption, virus contamination or intrusion in Subscriber's computer.
12. Restrictions on Use
12.1. Subscriber must not re-sell or attempt to re-sell the Service.
12.2. Subscriber will not use the Service in a way that does not comply with the terms of any legislation or any license applicable to Subscriber or BeyonDSL or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
12.3. Additional terms and conditions may be displayed online or elsewhere relating to particular Services. If Subscriber chooses to access such Services, Subscriber will need to comply with such additional terms and conditions.
13. Unacceptable Use
13.1. BeyonDSL reserves the right to refuse the Service and terminate this Contract, without liability, if the Subscriber, or anyone using the Subscriber's account, uses the service:
13.1.1 fraudulently or in connection with a criminal offence;
13.1.2 in an unlawful manner, in contravention of any applicable legislation or license;
13.1.3 to download an unreasonably large amount of data when compared to the published Service Package Description Limits
13.1.4 in a way that does not comply fully with any instructions that BeyonDSL has given Subscriber;
13.1.5 in such a way that degrades the Service to other Subscribers, as determined by BeyonDSL;
13.1.6 in such a way that is uneconomic for BeyonDSL;
13.1.7 to cause annoyance, inconvenience or needless anxiety;
13.1.8 is in breach of one of the following prohibitions: transmission of any data which is prohibited, illegal or contrary to international public order, such as, but not limited to, pornography, paedophilia, fascist and/or terrorist related information;
13.1.9 hacking or any attempt to illegally use, manipulate, or appropriate data or information via the Internet, including, but not limited to, breaking security of any online systems, such as, without limitation, e-commerce Internet sites, financial institutions, and any other activity prohibited by law.
13.1.10 to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
13.1.11 to send or procure the sending of any unsolicited advertising or promotional material;
13.1.12 to send knowingly any material which contains software viruses or any computer code, files or programmes designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
13.1.13 or if BeyonDSL considers, in its sole discretion, that the Subscriber's use of the Service is in any other way unacceptable as determined by BeyonDSL.
13.2. BeyonDSL shall be entitled to monitor the Subscriber's use of the Service and to modify, edit or remove any material the Subscriber is sending or receiving using the Service entirely in BeyonDSL's sole discretion.
13.3. If the Service is used as described in 12 above, BeyonDSL will regard Subscriber as in breach of contract and will enforce the terms of paragraph 15 - Breach of Contract.
13.4. Subscriber will indemnify BeyonDSL against any claims or legal proceedings that are brought or threatened against BeyonDSL because the Service is used in breach of paragraphs 11.1 and 11.2. Subscriber will notify BeyonDSL of any such claims and keep BeyonDSL informed as to the progress of such claims.
14. Other
14.1. Subscriber agrees to comply with all applicable laws, rules and regulations in connection with the Service and with these Terms and Conditions.
14.2. BeyonDSL's liability in Contract, tort (including negligence) or otherwise in relation to this Contract is limited to the Charges paid by Subscriber to BeyonDSL in the preceding period of 12 months.
14.3. BeyonDSL may change the terms and conditions of this Contract, including the charges, at any time. BeyonDSL will give Subscriber at least 14 days' notice of any changes before such changes take effect. Some price increases may give you the right to terminate, subject to 17.1.2
14.4. Each term and condition of this Contract operates separately in itself and survives independently of the others.
14.5. If BeyonDSL or Subscriber is unable to perform any obligation under this Contract because of a matter beyond their reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or events beyond the reasonable control of BeyonDSL or Subscriber's suppliers, BeyonDSL or Subscriber will have no liability to the other for that failure to perform.
14.6. If any events described in paragraph 12 continue for more than 14 days, BeyonDSL can terminate this Contract by giving Subscriber notice.
14.7. Neither BeyonDSLor Subscriber may transfer or try to transfer this Contract or any part of it to anyone else, except that BeyonDSL may transfer BeyonDSL's rights and obligations to another Group Company.
15. Breach of Contract
15.1. Breach of Contract will result in termination of Subscriber's Service and termination of this Contract (or both):
15.1.1. immediately if Subscriber commits a breach of this Contract; or
15.1.2. Subscriber does not pay the charges in accordance with paragraph 4 of this Contract; or
15.1.3. immediately if Subscriber is the subject of a bankruptcy order or becomes insolvent, or makes an arrangement with creditors, or a receiver or administrator is appointed over any or of Subscriber's assets.
16. Distance Selling Regulations
16.1. For UK purchases from the website, the Distance Selling Regulations give you the right to cancel within the cooling-off period of seven working days of receipt of the goods as long as the service has not been activated or used. If you wish to cancel, you must inform us in writing within that period and return the goods to us in new condition in the original packaging at your cost. Your statutory rights are not affected.
17. Termination of Contract
17.1. This contract may be ended;
17.1.1 by either Subscriber or BeyonDSL after the Minimum Term,by giving 30 days' notice subject to paragraph 19 to the other, or
17.1.2 by Subscriber giving BeyonDSL 7 days' notice subject to paragraph 19 if BeyonDSL gives Subscriber notice to increase the charges or changes the conditions of this Contract to Subscriber's detriment and provided Subscriber gives the notice before the increase or changes take effect.
17.2 If the contract is terminated at any time during the Minimum Term, save for 17.1.2, the cancellation charge defined in 7.7will become immediately payable.
17.3. If BeyonDSL gives Subscriber notice, Subscriber must pay Charges for the Service up to the end of that notice. If Subscriber gives BeyonDSL notice, Subscriber must pay charges for the Service until the end of the subscription period or until the end of the notice if that is later.
17.4. If Subscriber has paid any charges for a period after the end of the Contract, BeyonDSL will either repay it or put it towards any money Subscriber owes BeyonDSL.
18. Indemnity
18.1. Subscriber must indemnify BeyonDSL against any claims or legal proceedings in respect of defamation, breach of copyright or other intellectual property right infringement which are brought or threatened against BeyonDSL by another person and which are attributable wholly or in part to Subscriber's use of the Service and, if Subscriber uses the Service for business purposes, Subscriber must indemnify BeyonDSL against any claims that anyone (other than Subscriber) threatens or makes against BeyonDSL because the Service is faulty or cannot be used by them.
19. Giving Notice
19.1. Notices under this Contract may be given on-line by electronic mail using the Service, or in writing and delivered by hand or sent by pre-paid post to the addressee as follows:
19.2. to BeyonDSL at its Registered Office or via admin @ beyondsl.net or any alternative address BeyonDSL notifies to Subscriber at any time.
19.3. to Subscriber: at the postal address or email address the Subscriber specifies when registering for the Service or any alternative address which Subscriber notifies to BeyonDSL.
20. Entire Contract
20.1. This Contract, the Registration and Payment Forms and any additional documents referred to prepared by BeyonDSL, constitute the entire and only agreement between BeyonDSL and Subscriber for the Service.
21. Law and Jurisdiction
21.1. This Contract is governed by English Law and Subscriber and BeyonDSL submit to the exclusive jurisdiction of the English courts.
©2013 BeyonDSL.net Ltd
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