|TERMS AND CONDITIONS for Breathe Internet||24/7 Unlimited Dial|
This web site and the associated connectivity services marketed within it are provided to you by Breathe Internet Limited (Registered Office: 3rd Floor, 207 Regent Street, London, W1B 3HH. Registered in England & Wales company number 06904784).
These Terms and Conditions apply to the usage of this web site, and any Internet Service that may be provided to you by Breathe Internet and replaces any previous agreement.
PLEASE READ THE TERMS AND CONDITIONS ON THIS PAGE CAREFULLY. By using this website, completing an order for a product, registering for a service or by using the Internet Services that we provide, you agree to be bound by these Terms and Conditions and any Acceptable Use Policy set out below.
In these terms and conditions the following words and expressions have the following meanings:
'Breathe Internet' or 'we' means Breathe Internet Limited.
'Internet Service' means the service provided by Breathe Internet whereby you may gain access to the Internet via a telecommunications network together with the services and facilities provided by Breathe Internet for you in connection with such service, as described in clause 3.
'You' and 'Your' means you, the person entering into this agreement with Breathe Internet.
'Internet Access Site' means the Internet (global data network) site provided by Breathe Internet, which can be found at www.breathe.com and www.breatheinternet.com.
'Content' means material provided at or through the Internet Access Site.
'Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
'Acceptable Use Policy' means the rules defined below for usage which is permitted on this Internet Service.
'Designated Users' means any users using the Internet Service by or in connection with your account details.
'Agreement' means these Terms & Conditions.
2. Your Personal Information
2.1 We will respect your personal information and undertake to comply with all applicable UK data protection legislation in force from time to time, both in respect of the personal information supplied by you on registration and in respect of any such personal information which we may process.
2.2 In relation to the personal information provided by you on registration (your registration details), you agree that we may use such information in accordance with the purposes for which your permission has been obtained on registration.
2.3 We may share your information with any other Breathe Internet Limited group company, and any other company who reasonably requires the information for the purposes of providing the Internet Service.
2.4 We may also use any personal information for marketing, statistical analysis, customer surveys and / or to provide details to you of products and / or services in which we believe you may be interested. We may also pass your details to third parties to contact you with information about products and / or services and those third parties may be based outside the European Economic Area. If you do not wish to receive offers and / or information from us and / or our partners you may opt out by using the unsubscribe form on your "My Account" system as indicated on communications you receive.
2.5 Other than as required by law, or as permitted under these user terms and conditions, we will not disclose your registration details to any third party without your prior permission.
3. Our Obligations to You
3.1 Whilst we agree to use our reasonable endeavours to maintain the Internet Service in a fully operating condition and reasonably error free, we have no control over the Internet or telecommunications networks. Accordingly Internet Service is provided without any warranties or guarantees unless specifically stated.
3.2 Your dealings with and interest in, promotions, services, or merchants found on or via the Internet Service, unless explicitly stated by us, are solely between you and the person with whom you are dealing. Should any dispute arise between you and any such third party, Breathe Internet may endeavour to help you resolve the situation in Breathe Internet's sole discretion, but we will not be responsible or liable for any losses or damages that may arise from any such dealings.
3.3 We reserve the right to suspend, restrict or terminate your access to Internet Service at any time for any reason, although our Customer Services team will provide written explanations when requested.
3.4 We reserve the right to vary the technical specification, network topology, IP addresses, username and password details, dial-up number and / telecommunications provider of the Internet Service from time to time.
4. Your Obligation to Us
4.1 You agree that you will only use the Internet Service in a manner that is consistent with these user Terms and Conditions, in accordance with the Acceptable Use Policy set out below and such other instructions concerning the use of the Internet Service as are set out from time to time on the Internet Access Site, and in such a way as to ensure compliance with all applicable laws and regulations, including the terms and conditions of any connected networks or internet standards.
4.2 You are responsible for maintaining the confidentiality of any information you provide to us.
4.3 You will be entirely liable for all activities conducted and charges incurred through your account whether by you or any of your Designated Users.
4.4 To the extent to which your use of the Internet Service or the use by any person who may be authorised by you or for whom you are responsible (for example as the parent or guardian of a child) causes loss or damage to any person you agree to indemnify Breathe Internet immediately on demand in relation to any such loss or damage incurred by Breathe Internet, including where necessary any legal and administrative, or technical charges that may arise from such use.
4.5 You are responsible for the provision of and payment for telecommunications services necessary to use the Internet Service and / or used by you in connection with the Internet Service. You are responsible for providing a suitable PC, modem and any other items of hardware or communications equipment necessary to enable you to access the Internet Service. You are also responsible for making your own back-up arrangements.
4.6 You agree that the material and content contained within our websites, or provided by Breathe Internet is for your personal use only and may not be used for commercial purposes or distributed commercially without our prior written permission. Your use of the Internet Service carries with it no rights in relation to copyright or other intellectual property rights in Breathe Internet, the Internet Service or any part of it which shall be the sole property of Breathe Internet or its licensors.
4.7 You agree not to use Breathe Internet or the Internet Services made available to you on the Internet Access Site or via Breathe Internet in such a way that you cause the whole or part of Breathe Internet's network and the services that run across it to be interrupted, damaged, rendered less efficient or in any way impaired.
4.8 You will not knowingly or recklessly insert, transmit or distribute, or permit to be inserted, transmitted or distributed a computer virus or other malicious code which could corrupt data present on the Internet Access Site, on any other sites or on the personal computers of other users.
4.9 You will not hold Breathe Internet or any of its third party contractors liable in relation to the accuracy, reliability, availability and performance of resources assessed through the Internet Service which you acknowledge are beyond our control and are not in anyway warranted, provided or supported by Breathe Internet or its third party contractors.
4.10 You agree not to publish on or transmit over the Internet Service any information, software or other content which violates or infringes the rights of any person, company or entity or engage in any activity which would be offensive, abusive, indecent, defamatory, obscene or otherwise unlawful, or offensive to any person, or which, without the approval of Breathe Internet, contains illegal or offensive advertising, promotion or solicitation of products and services for commercial purposes.
5. Limitation of our Liability to You
5.1 The Internet Access Site, its contents, and the Internet Service are each provided on an "as is" and "as available" basis without any representation, warranty, condition, undertaking or term either express or implied including but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose and any terms as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
5.2 In addition Breathe Internet excludes any representation or warranty that the content, facilities, and/or services accessible via the Internet Access Site will be free from defects, including but not limited to viruses or other harmful elements, will be accurate, up to date, uninterrupted or error free.
5.3 Breathe Internet hereby excludes to the fullest legal extent permitted all liability for any loss or damage whatsoever and howsoever incurred including consequential or indirect loss or damage or any damage to goodwill or profits whether arising in tort contract or otherwise due to or in relation to your access to the Internet Service or inability to access the Internet Access Site and to use the Internet Service.
5.4 The above exclusions and limitations of liability shall not apply in respect of our liability in negligence for death or personal injury.
6. Events beyond Our Control
6.1 We shall not be liable to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any good cause which is beyond our reasonable control, including (without limitation) any act of God or of government or regulatory authority, or other internet services provider, war, terrorism, or non availability or malfunctioning of a telecommunications or broadcast or other network system or service.
7. Access Package
7.1 The specific details of your Access Package will be confirmed at time of sign-up and registration.
7.2 Your monthly Subscription for this Internet Service is the Package Price set out on the Internet Access Site on the date you register for the Internet Service and which is to be paid monthly in advance. We reserve the right to increase the Package Price on not less than two months written notice to you but in such case you will have the right to terminate the Internet Service giving not less than one month's written notice to us to expire on or before the effective date of the price increase.
7.3 If you authorise us to collect the Package Price by Direct Debit and payment is not received by us as the result of delays (whoever is responsible for such delays), you authorise us to obtain payment by the method used when you first subscribed for the Internet Service, or to use such other debit or credit card details that you have notified us of in accordance with clause 10.5.
7.4 If you set up a Direct Debit and payment from that account is not obtained, for whatever reason, you authorise us to obtain payment by the method used when you first subscribed for the Internet Service or to use such other debit or credit card details that you have notified us of in accordance with clause 10.5.
7.5 If we are unable to obtain payment from you by either Direct Debit or by debit or credit card when due, we reserve the right to suspend or terminate the Internet Service without any warning to you, although we will normally advise you before taking such action to give you an opportunity to rectify the situation.
7.6 All prices in this Agreement are exclusive of VAT unless stated otherwise. Payment must be made via direct debit or a valid credit card (Visa or MasterCard) or debit card (Switch or Delta only).
7.7 We reserve the right to charge interest at the rate of 2% per month above the base rate of the Bank of England on any overdue accounts.
8. Network Access and System Requirements
In order to receive the Internet Service you agree to the following:
8.1 You need to ensure that you are using any dialler software provided on registration to access the Internet and / or that you configure your access device using the information that we provide to you. We will not be responsible for charges you incur if you are connecting by another method or if you do not use the dialler software in accordance with our instructions, or do not follow the instructions that we provide to you.
8.2 You will need a UK BT line which is capable of being identified and must not be withheld or ex-directory
8.3 You will only be able to use the Internet Service from the phone number you provided to us at registration. Access Packages are not available from mobile phones.
8.4 You will be provided with a back-up Pay-As-You-Go service, dialling a local rate, 0845 telephone number. This will be available for you to connect to the Internet and your email service at times when your Internet Service is not available. We will not be responsible for any call charges you incur as a result of you using this back-up service.
8.5 You need to ensure you complete the registration procedure correctly, install the standard Internet service dialler software, and any software update, patch or download that we advise you to use. We will not be responsible if you cannot connect to the Internet, use your email, or for any charges you incur if you do not perform such installing including (without limitation) call charges you incur as a result of using the wrong dial-up number.
9. Acceptable Use Policy
9.1 This Internet Services marketed by Breathe Internet are designed for general consumer or small and medium business use, and not designed for certain Internet activities, specifically:
a. Unlawful, fraudulent, criminal or otherwise illegal activities;
b. Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;
c. Sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters;
d. Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programmes) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by Be or any other Internet user or person;
e. Activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person;
f. Activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;
g. Anything that may disrupt or interfere with Breathe Internet's network or services or cause a host or the network to crash;
h. Launching "denial of service" attacks; "mailbombing" attacks; or "flooding" attacks against a host or network
i. Granting access to your Internet Services to others not residing at or located at the premises at which these Internet services are provided;
j. Making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments;
k. Circumventing the user authentication or security process of a host or network;
l. Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data;
m. Accessing illegal and inappropriate content, specially child pornography and images of abuse or harm.
9.2 Your Internet connection will be automatically disconnected if no activity is monitored on your connection for 10 minutes and after 2 hours of continuous connection regardless of activity. If you use software of other methods to counteract cut-off measures we reserve the right to terminate your subscription.
9.3 To ensure your email account remains active, you need to download your emails at least once every 45 days. On the 46th day of inactivity your mailbox is classified as inactive and all emails sent to your mailbox will bounce. To activate your mailbox again you need to download your emails via your mail client or via webmail. If your account remains inactive for more than 92 days, the mailbox is classified as unused and the contents of your mailbox will be deleted without notice. After 122 days of mailbox inactivity, your email account will be terminated and your account name released.
10. Helpdesk and Notifications
10.1 A Technical Help Desk is available by telephone 24 hours a day, 7 days a week. Calls are charged at 60p per minute from a BT line and email support is via the Support Centre in 'My Account'.
10.2 AA Customer Service Help Desk is available 8am to 6pm Monday-Friday. Calls are charged at 10ppm from a BT line. Email support is via the 'Support Centre' in 'My Account'. The Customer Service Help Desk will also deal with any complaints. In the event of a complaint please contact them at the number supplied to you or via 'My Account'.
10.3 The Helpdesk numbers and 'My Account' will be notified to you from time to time, and provided on your monthly e-bill.
10.4 If we need to contact you we may do so by emailing you at the email address you first registered with Internet Service until you notify us of any changes as is require by clause 10.5.
10.5 If any of your personal details changes please let us know immediately. We will not be liable to you for your failure to notify us of any changes to your personal details.
10.6 If a fault occurs, you should report the fault to the Technical Help Desk by telephone or via 'My Account'.
11. Amendments to these Terms and Conditions
11.1 We may amend these terms and conditions from time to time by posting an amended version of them onto the Internet Access Site, or by emailing an amended version of them to you, giving one month's notice.
11.2 We may also include other conditions applicable to specific products or services offered by Breathe Internet from time to time. By access to and use of the Internet Service, you agree to any such amendments.
11.3 Breathe Internet reserves the right in its absolute discretion at any time and without notice to remove, amend or vary the content which appears on any page of the Internet Access Site.
12. Termination of these Terms and Conditions
12.1 We reserve the right to terminate the contract between us as set out in these terms and conditions, and your use of the Internet Service at any time, by notice to you sent via the Breathe Internet Service, or via e-mail, or by letter addressed as set out in your registration details. Termination will occur at the time we transmit the message or post the letter.
12.2 Any notice sent electronically by e-mail or otherwise:
12.2.1 will be deemed to have been sent by us once it enters an Information System outside our control;
12.2.2 will be deemed to have been received by you at the time that in a readable form it enters an Information System which is capable of access by you;
12.2.3 will be deemed to have been dispatched where you ordinarily reside or if you are a business at your principal place of business;
12.2.4 will be deemed to have been received where you ordinarily reside or if you are a business at your principal place of business.
12.3 We may terminate the contract between us without notice if you breach any of these terms and conditions.
12.4 We reserve the right to limit or suspend access to bandwidth usage, or require a user's Website to be moved to another server should there be an abnormal number of accesses to a users Website so that they exceed the bandwidth set by Breathe Internet.
12.5 You can cancel this Agreement by giving us notice in writing within 7 days of completing the registration form or before you use the Internet Service, whichever is the earlier, thereafter you can cancel this Internet Service at any time after the Minimum Term by telephoning the Help Desk or using the 'My Account' facility. You must give us one month's notice from your next billing date. No part of your monthly subscription will be refunded.
12.6 The Minimum Term will vary depending on your Access Package.
12.7 We reserve the right to withdraw or suspend your internet account should you send via email, or the online messaging service within your members area, or verbally via our customer support telephone service, anything that can be construed as offensive, rude, defamatory or aggressive.
13. Intellectual Property
13.1 All copyrights and other intellectual property rights in the design and content of the Internet Access Site remains the property of Breathe Internet or the content owner as appropriate. You must not use any copyrights or other intellectual property rights to re-publish, distribute or re-produce any of the content obtained from the Internet Access Site. Any unauthorised copying of the design or contents of the Internet Access Site, or other unauthorised use will infringe the rights of Breathe Internet and its licensors under international treaty and English law.
14.1 In the event that part of these Terms and Conditions become invalid or unenforceable the remainder of this Agreement shall remain valid and enforceable
15.1 Breathe Internet may assign, transfer, sub-contract or otherwise part with these terms and conditions or any rights or obligations hereunder to a third party without your prior written consent.
15.2 You may not assign, transfer or otherwise part with these terms and conditions or any rights or obligations hereunder to a third party.
16. Governing Law
16.1 These terms and conditions shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any dispute between us.
17. Premium Rate Charges
17.1 Calls to our technical support number are charged at 60p per minute. Lines are open 24 hours a day, 7 days a week.
18. Complaints Procedure
We rigorously monitor the service we provide to ensure that we are providing the best possible service to you and are fully committed to providing exceptional service. Inevitably however, there will be occasions where your expectations are not met. Most problems can be resolved with a telephone call to our Customer Services team - however failing this, we request you make a complaint in writing within a month of the incident arising, addressed to the Customer Services manager. We will reply to your concerns as soon as is practically possible.
19. Entire Agreement
19.1 This Agreement contains the entire agreement and understanding between the parties relating to the subject matter of this Agreement.