Terms & Conditions of Business
The agreement is made between GGB Ltd (we) and The Customer (you) for the supply of broadband internet services.
The service provides you with broadband access to the internet and is provided via the wireless network operated by us to your premises, being a single postal address, through equipment owned by you. We will use reasonable skill and care to ensure that the service is continuously available to you. There will be occasions when the network will be unavailable due to maintenance or technical failure. We will give you reasonable notice of planned maintenance periods and we will use our reasonable endeavours to minimise the duration of unexpected network unavailability.
We undertake to provide the network service to an agreed point at your premises. As part of our installation service, we will make sure that your equipment is successfully connected. Thereafter, maintenance of your equipment is your responsibility.
CONTRACT COMMENCEMENT, DURATION AND TERMINATION
The contract commences on the date of first connection between your equipment and our network. The initial contract is for a minimum period of 12 months. During your contracted period you will be eligible to subscription package improvements offered by GGB. After this period you will be invited to renew your contract for another 12 months with these improvements. If you decide not to renew your contract but go onto a ‘rolling’ month by month contract, GGB reserves the right to return your package to the one most recently signed up for. The contract continues until terminated by either party giving one month’s notice. We may terminate this agreement immediately for breach of the terms contained in it by you. You may terminate the agreement if we fail to provide the promised service.
OWNERSHIP OF EQUIPMENT
Equipment provided by Green Grass Broadband Ltd. (GGB) and located at a users’ residence is the responsibility of that user, but will remain the property of GGB at all times, with the exception of a GGB provided wifi router that is paid for by you and is your property.
Users of the service must not make excessive use of the service to the detriment of other users. Users making excessive use of the service will be advised of their excessive use, and after a being advised three times, GGB reserves the right to place limits on use to protect other users of the service.
YOUR USE OF GGB
1. GGB provide an internet service (GGB) which is provided solely for your use. You cannot resell or attempt to resell GGB (or any part of it) to any third party, or share it with a third party. In addition, if you have a mail server, you must not allow relay emails from outside your domain from your mail server.
2. We do not warrant or guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and Service made available to you as part of GGB (the “Content”) or any further information or results which may be derived from it. You acknowledge that you will not rely on any Content in making any business or other decision and that your use of the Content is at your sole risk.
3. Please note that there may be additional conditions (either ours or those of a third party) displayed on line relating to particular Content. These conditions will also form part of this Agreement should you access such Content.
4. You are entirely responsible for evaluating any goods or Service offered by third parties via GGB or on the Internet. We will not be a party to or in any way be held responsible to you for any transaction between you and third parties.
5. You must not use GGB:
- in a way that breaches any legislation or any licence applicable to you or that is in any way unlawful or fraudulent; or
- to deliver, knowingly receive, upload, download, use or re-use any information or material which is abusive, defamatory, obscene or menacing, or in breach of any copyright, privacy or any other rights; or
- to send or procure the sending of any unsolicited advertising or promotional material; or
- in a way that does not comply with our specific instructions.
6. You will fully indemnify us against any actual or potential claims or legal proceedings against us by a third party because of your use of GGB.
7. You acknowledge that GGB is provided to other users and we owe a duty to these users as a whole to preserve our network integrity and avoid network degradation. If, in our reasonable opinion, we believe that your use of GGB has or may adversely affect such network integrity or may cause network degradation we may change your chosen access rate or manage your access to GGB as we see fit in the circumstances.
USERNAMES AND PASSWORDS
1. You must ensure that any usernames and passwords used in connection with GGB are kept confidential and are only used by authorised users. Please inform us immediately if you know or suspect that a username or password has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a username without our consent
2. We reserve the right (at our sole discretion):
- to suspend usernames and password access to GGB if at any time we think that there has been or is likely to be a breach of security; and
- to ask you to change any or all of the passwords you use in connection with GGB.
You accept and acknowledge that the GGB, as other Internet applications, is as secure as we can reasonably make it but we do not guarantee the prevention or detection of any unauthorised attempts to access the GGB network.
LIMITATION OF LIABILITY
1. Nothing in this agreement excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
2. Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of data.
3. Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident of series of related incidents be limited to the monthly fee paid by you to us in the year in which the liability first arose.
4. GGB is not legally obliged to supply a broadband service to anyone.
5. We exclude all liability of any kind in respect of:
- Customer Information, Third Party Content, Content and any other material on the Internet which can be accessed using GGB and we are not responsible in any way for any goods (including software) or Service provided by third parties advertised, sold or otherwise made available by means of GGB or on the Internet;
- the accuracy, completeness or suitability for any purpose of any Content; and
- the acts or omissions of other providers of telecommunications or Internet Service (including Domain Name registration authorities) or for faults in or failures of their equipment.
TERMINATION OF THIS AGREEMENT
1. We may at any time terminate this agreement giving 30 days notice to you.
2.We may at our sole discretion terminate this agreement or suspend GGB immediately, in the event that;
- we are directed by any competent authority to cease the provision of the GGB or any part of it; or
- you fail to pay any charges for GGB; or
- if you use GGB in contravention of any clauses.
- our contract with any third party who assists us in providing GGB to you is terminated we may immediately terminate the agreement.
- you make requests which GGB is unwilling or unable to comply with.
3. You have the right to cancel this agreement by giving written notice within 14 days from the date of acceptance of this agreement provided you have not used the service. If you have used the service then GGB reserves the right to charge a fee of £75 for the removal of any equipment.
4. If we have supplied you with equipment you must either pay for the equipment or return such equipment to GGB.
5. You may terminate this agreement on giving at least 1 month’s notice, such notice to be effective no earlier than the end of the Initial Term (which is the first 12 months period from the Commencement Date). You must pay all Fees for GGB until the date on which the termination notice expires.
6. Either party may terminate this agreement immediately, on notice, if the other commits a material breach of this agreement and fails to remedy the breach within 28 days of a written notice to do so.
7. Upon termination or expiration of this agreement registration to any of our Services or those of third parties provided in the course of and/or for the purposes of GGB will cease at such time as the provision of GGB ends.
Neither party will be liable to the other for any failure to deliver GGB or for any breach by it of this agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to: lightning, exceptionally severe weather, fire, explosion, war, industrial disputes, government action or regulation or national or local emergency. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this agreement on notice in writing to the other party.
1. We may change the provisions of this agreement (including the charges) at any time, provided that we will give you notice of the changes at least 14 days before the change is to take effect at which time you may terminate this agreement if the change materially affects the GGB service.
2.This agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written.
3 The parties acknowledge and agree that:
- the parties have not been induced to enter into this agreement by any representation, warranty or other assurance not expressly incorporated into it; and
- in connection with this agreement the parties’ only rights and remedies in relation to any representation, warranty or other assurance are for breach of this agreement and that all other rights and remedies are excluded, except in the case of fraud.
4. This agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
5. Notices given under this Agreement must be in writing and may be delivered by hand, courier or first class post, or e-mail to the following addresses:
- to us at the relevant address provided during the registration process for GGB or any alternative address which GGB notifies to you;
- to you at the relevant postal or email address provided as part of the details which you submit during the registration process or any alternative address that you provide to GGB.
6. Neither party may assign sub-contract or transfer any of their rights or obligations under this agreement without the prior written consent of the other party. If any part, term or provision of this Agreement is held to be illegal or unenforceable the validity or enforceability of the remainder of this agreement will not be affected.
7. If either party delays in acting upon a breach of this agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this agreement that waiver is limited to that particular breach.
8. All users must abide by the GGB Acceptable Usage Policy. A copy can also be found at www.greengrassbroadband.com/aup
This agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.