1. The service
Deudraeth Broadband is brought to you by Deudraeth Cyf, a not for profit company with local regeneration in mind.

The service gives you high-speed network access to the internet and the broadband network and will be provided to you at the premises we agree with you (your premises).

 This service includes free email. Website hosting is not included in the package.

2. When does our contract with you start 
Our contract with you (as set out in these terms and conditions) starts when you sign the Test Sheet and Subscription Contract. You will be asked to sign this by the engineer once the installation is complete, and you have been connected to the network.

3. Our commitment to you
When we provide the service to you we promise to use the reasonable skill and care of a competent internet service provider.

4. Getting started

4.1 Before we can be certain that we can provide you with the service, we need to do the following:

(a) successfully complete a site survey; and

(b) if applicable, successfully install the equipment needed for you to use the service; and

(c) successfully activate the service. If we cannot provide you with the service because one of the above cannot be successfully completed we will notify you as soon as possible.

4.2 Although we will use our reasonable efforts to install the service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.

5. Our equipment

5.1   So that the service remains safe and secure, our equipment connected to or used with the service must be used in accordance with all relevant instructions and safety and security procedures.

5.2 All broadband equipment will remain the property of Deudraeth Cyf notwithstanding the fact that the equipment may be situated in your premises;

The company is able to support the installation to each customer of an initial wireless card (or linxys bridge);

Until March 31, 2006 or later if a manufacturer's guarantee is still in force, Deudraeth Cyf agrees to replace all faulty equipment where the fault has arisen despite correct and proper use. As manufacturers guarantees are for 12 months only - Deudraeth Cyf are therefore providing a warranty scheme at no cost to the user during the early years of this service;

After March 31, 2006, if the equipment needs to be replaced for any reason, the cost will be met by the user. Replaced units will naturally be the property of the user; Units remain the property of Deudraeth Cyf until replaced.

Notwithstanding the above, you are responsible for the equipment whilst it is located at your premises. You must only use it in accordance with the terms of this agreement. You may not tamper with, alter or add to the equipment. Use for any purpose other than for broadband provision is strictly forbidden by the terms of the grant and by EU legislation;

You will be responsible for any repairs from loss, damage or destruction of the equipment;

Should you choose to end the contract at any time before March 31 2006 (or later if manufacturer's guarantee is still in place) we will request that you return the wireless card (or linxys bridge);

Additional equipment ordered as part of the installation (e.g hardware firewalls) are covered by manufacturers guarantees only and are normally for one year only. Such equipment will be the property of the individual or business from the date of payment.  

5.3  The equipment must be used for broadband internet access only. Under no circumstances should it be used or adopted for uses other than broadband.

6. Accessing your premises

6.1   We may need access to your premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this contract comes to an end). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours, concerning the safety of people on your premises.

6.2 If we damage your premises during installation (or removal) of our equipment because of our negligence, we will cover the reasonable costs of any work that is needed to restore your premises to their original condition before the damage happened. In all other cases, restoration is your responsibility.

7. Making sure the service is secure

7.1 If we issue you with a set of usernames and passwords, these are essential for your secure use of the service so you must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions.

7.2 To ensure that the service remains secure, you must not change or attempt to change a username.

7.3 If we think there is likely to be a breach of security or misuse of the service we may:

           (a) change your password and then we will notify you that we have done this; and/or

           (b) suspend username and password access to the service (please also see paragraph 16).

7.4 If you think that any username or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately.

7.5 If any of the information you give to us when you sign up for the service changes, including any changes to your payment details, you must inform us immediately.

8. Things we may have to do

8.1 We may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the service as soon as possible after any suspension. If we cannot restore the service after 14 days, and that failure is not due to matters beyond our reasonable control, you may end this contract without any additional charge on giving us written notice.

8.2 We may have to alter code or access numbers or technical specification associated with the service for operational reasons, and where we need to tell you about this we will give you as much notice as we can.

8.3 We may give you instructions about health and safety issues when using the service, or on your use of the service to ensure the quality of the service we provide to you and other customers and you agree to observe them.

9. Repairing faults in the service

Although we attempt to provide you with the best possible service, we cannot guarantee that the service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.

10. Paying our charges

10.1 You must pay the charges for the service that are set out in the price list that's available on this website.

10.2 We will begin charging you for the service shortly after the date that the service is activated and available for you to use.

10.3 Payment is one month in advance, by direct debit.

10.4 If payment is not made promptly, the service will be disconnected and may take several days to reconnect. The first occasion on which a reconnection is made there will be no charge. Thereafter £25 will be charged, which must be paid before reconnection is made. You will also have to pay the monthly fee for the service before reconnection is made.

11. Use of the service

11.1 You must take all reasonable precautions to ensure that no one (including you) uses the service:

(a) fraudulently or in connection with a criminal offence;

 (b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or    menacing, or in breach of copyright, confidence, privacy or any other rights;

(c) to cause annoyance, inconvenience or needless anxiety;

(d) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;

(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policy as may be amended from time to time; or

(f) in a way that does not comply with any instructions that we have given you; The action we can take if the service is used in any of these ways is explained in paragraphs 15 and 16.

11.2 We may make available to you software that enables you to use the service. You must not copy or modify this software (unless allowed by law). It is important that you only access the service through this software or in an alternative way permitted by us, and you must not attempt to circumvent any security measures in the service.

11.3 When we provide you with the service it, and any associated software, is intended for your use only. Therefore, you must not re-sell, transfer, assign or sub-license the service (or any part of it) or the associated software to anyone else.

11.4 You are asked to keep within the guidelines set out in the Acceptable Use policy (available on this website).

11.5 Your traffic over the internet may traverse other networks or use other services which are not owned or operated by Deudraeth. You are asked to abide by the Acceptable Use policies of the operators of these networks and services:

Nildram                        

BT                             

Demon

12. When we provide you with content

12.1 As part of the service we may provide you with applications, data, information, video, graphics, sound, music, photographs, software or any other material. This content is always changing as we try to provide you with the best possible service, and therefore you may notice changes in the content that you can access.

12.2 The content we provide to you can only be used for your own purposes and is protected by copyright, trademark and other intellectual property rights. You are not allowed to copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content.

12.3 Although we take precautions, we cannot guarantee the accuracy or completeness of the content. For this reason, your use of the content (for whatever purpose) is at your own risk.

12.4 Some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If you access this content you will need to comply with those terms and conditions. You should be aware that any content provided on a subscription basis as part of the service will cease when this contract ends.

13. Your web site

13.1 Website hosting is not currently provided as part of this service, although this may become available in th future

14. Your use of the Internet

The service allows you to access the Internet. The Internet is separate from the service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet.

15. If you break this contract

We can suspend the service or end this contract (or both) at any time:
(a) If you fail to make a payment by the due date;

(b) with immediate effect if you materially breach this contract;

(c) with immediate effect if we believe that the service is being used in a way described in paragraph 11.1, even if you do not know that the service is being used in such a way;

(d) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or

16. Suspension of the service

16.1 If we decide to suspend the service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the service as we have agreed.

16.2 If we decide to suspend the service under paragraph 15, this contract will continue during the period of suspension and you will have to pay all relevant charges.

17. Matters beyond our reasonable control

If we cannot do what we have promised in this contract because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate this contract immediately by giving us written notice. If the events continue for more than three months, we can terminate this contract immediately by giving you written notice.

18. Our liability to you

18.1 We will be liable if you are injured or die as a result of our negligence.  We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 18.2 or 18.3 or in any other way.

18.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.

We have no liability for any unsolicited intrusion to your PC or network arising from absence of a firewall.

18.3 Any liability we have of any sort is limited to £2m for products and public liability, with a £2m maximum for any one claim.  

18.4 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.

18.5 Each provision of this paragraph 18 operates separately in itself and survives independently of the others.

19. By You

The initial contract period is for 12 months. As we install equipment of substantial value in your building, this period allows us some time to recover our costs.

Should you choose to end the contract within 12 months, we will ask you for a contribution of £300 in part payment of the costs of installation, and for the return of the wireless card/bridge in your PC.

As a community based organisation, this will allow us to connect another member of the community at the same susidised rate as has been made available to you.

Following 12 months you can end this contract at any time by giving 28 days notice. This is without prejudice to your statutory rights to terminate the contract.

20. By Us

20.1 This contract can be ended by:

(a) by us giving 28 days notice to you; or

(b) you giving us 28 days notice if under paragraph 21 we inform you we are increasing our charges or changing the conditions of this contract to your detriment.

Other things we need to tell you

21. How this contract can be changed

We may change this contract, including our charges, at any time. We will give you at least 10 days notice of any changes before they take effect, and wherever possible will strive to ensure that any change is negotiated with yourself well in advance.

22. How this contract can be transferred

This contract is personal to you and may not be transferred by you to any other person.

23. How to give notice

23.1 If either of us gives a notice to the other under this contract this must be done either by email using the service, or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:

(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we may give you.

(b) To you: at the postal address you specify when registering for the service or an alternative address which you may give us, or at the email address provided to you as part of the service.

23.2 You are responsible for checking the mail sent to the email address provided to you as part of the service.

24. Moving House / Moving the equipment.

If you move the position of the PC within your house there will be a charge for altering the cabling and if necessary the position of the antenna.

If you move house, the cost of removing the antenna is more than its value. The antenna and cabling should be left for new owner / tenant.

If you move within our coverage area (in general terms the diamond from Blaenau to Porthmadog, Harlech and Cricieth) the wireless card in your PC is worth keeping as it will reduce the cost of your new installation. However if you are moving outside the area, we will recover the wireless card from your computer.

26. Waiver

Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.

27. Third party rights

A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

28. The law that relates to this contract

The Law of England & Wales governs this contract and we both agree to the exclusive jurisdiction of the England & Wales courts.

29. Force Majeure

If either party is unable to perform any obligation under this agreement due to circumstances beyond their reasonable control (including but not in any way limited to lightning, civil disorder, industrial disputes) they will have no liability to the other for that failure to perform.