These terms and conditions set out how we, Pipex Internet Limited (a company registered in England and Wales under company number 05306519 and VAT registration number GB712563061 and whose registered office is at 20 Broadwick Street, London, W1F 8HT) will provide the Services, to you.

Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your Package will be treated as part of these terms and conditions.

We may vary these terms and conditions from time to time, and any changes will be posted on our Website at least 28 days before the change takes place. We ask you to check this page periodically. Your continued use of the Services following the posting of changes to these terms and conditions will mean you accept those changes. As you read these terms and conditions please refer to the Glossary, found at the end of this document, for any definitions.

1. Use of our website 

• 1.1 Our Website contains content that is protected by copyright, trademarks and other intellectual property rights. Unless otherwise specifically stated, you must not and must not allow anyone else to copy, store, modify, transmit distribute, publish, broadcast or otherwise use any such content except as necessary for the normal use and enjoyment of our Website
• 1.2 You are solely responsible for evaluating the accuracy and completeness of any content appearing on our Website. We do not make any representations or warranties in relation to the content appearing on our Website. In particular, we do not make any representations or warranties regarding the accuracy, timeliness or completeness of the content. We will not be responsible for any loss or damage caused by relying on the content contained in our Website.
• 1.3 The content on our Website may include programs, data, information, graphics, music and video. Please note that the content, design, layout or any other feature of our Website may change from time to time due to editorial, rights clearance, non-availability or other considerations.
• 1.4 You are also solely responsible for evaluating the integrity of any goods and services offered for sale on our Website either by us or by one of our third party affiliates. We will not be held responsible in any way for any transaction entered into between you and third parties offering goods or services on our Website.
• 1.5 There may be additional terms and conditions which you will need to agree to in order to receive certain content on our Website or to purchase certain goods and services. These may be our own terms and conditions or those of third parties and will not affect these terms and conditions.
• 1.6 Your use of the Internet it is at your own risk and is subject to any applicable laws and regulations.

2. Your application and commencement of services 

• 2.1 You must show on your Application which Services and, specifically, which Package you want to receive. You can find details of our current Packages on our Website. We can change, suspend or withdraw any of our Services and Packages at any time. Details will be posted on our Website from time to time.
• 2.2 If we believe it necessary, we will carry out a credit reference check against your name before deciding whether to accept your Application. Where your record is searched using a credit reference agency, the credit reference agency will add to your record details of our search and your application and this will be seen by other organisations that make searches to help make decisions about credit for you and members of your household. Please let us know if you require details of the credit reference agencies from whom we obtain and to whom we pass information about you.
• 2.3 We reserve the right to refuse your Application in our sole and absolute discretion.
• 2.4 Unless otherwise indicated in your Package, you must have a BT or other non-cable telephone line to receive the Services. We do not provide the Services across cable operator telephone lines. We will check you have a BT or other non-cable telephone line by carrying out a test on the telephone number that you have given to us on your Application.
• 2.5 When we have accepted your Application, we will provide you with those of the following Services as specified in your Application:
  • 2.5.1 Broadband Services;
  • 2.5.2 Dial Up Internet Services;
  • 2.5.3 Telephone Services; and/or
• 2.6 The Services will be provided to you at the Installation Address.
• 2.7 Our provision of Services may be subject to a Minimum Contract Period. Confirmation of the Minimum Contract Period applicable to your Package will be set out in your Welcome Pack or notified to you when you make your Application.
• 2.8 It is your responsibility to ensure that you are not in breach of any terms and conditions or minimum contract period you have agreed with any other Service Provider by subscribing to the Services and you acknowledge that you will be responsible for any charges or fees you may incur from your old Service Provider.
• 2.9 You represent to us that:
  • 2.9.1 You are at least 18 years old; which is the minimum age requirement for you to apply for any of the Services;
  • 2.9.2 All details contained on your Application are true, accurate and complete;
  • 2.9.3 You are the Line Rental Account Holder or have obtained all relevant permissions and consents from the Line Rental Account Holder which are necessary to enable you comply with your obligations under these terms and conditions;
  • 2.9.4 You are the current occupier at the Installation Address or, if your postal address is different from the Installation Address, that you have obtained all relevant permissions and consents from the occupier of the Installation Address which are necessary to enable you to comply with your obligations under these terms and conditions; and
  • 2.9.5 You are (i) the freeholder of the Installation Address; or (ii) the tenant with a lease for a term of one year or more of the Installation Address; or (iii) have obtained all relevant permissions and consents from the freeholder or such tenant as the case may be of the Installation Address which are necessary to enable you to comply with your obligations under these terms and conditions.

3. Our provision of the services to you 

• 3.1 We will provide the Services from the Go-Live Date until either you or we end this contract in the way set out in these terms and conditions (subject to any relevant Minimum Contract Period).
• 3.2 We will use reasonable skill and care when we provide the Services to you.
• 3.3 We do not guarantee that the Services will be fault free or available at any particular time or continuously. You accept that BT does some programming and engineering work at your local phone exchange so that you can receive the Services. We do not accept any responsibility for errors or delays caused by BT while they are carrying out any set-up or ongoing programming or call-routing work that affects the Services, or for any acts or omissions of other Service Providers, third party service or equipment suppliers that impact on our ability to provide the Services.
• 3.4 In certain limited circumstances, we may not be able to provide you with the Services for technical reasons. If this happens we will use reasonable endeavours to let you know promptly.
• 3.5 We may suspend the Services from time to time without notice to you where it is necessary for us to do so for operational reasons such as repair, maintenance, improvement or emergency. We will restore the Services to you as soon as possible.

Broadband

• 3.6 You accept and acknowledge that the Broadband Services, as with other Internet applications, are not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Broadband Services or your computer. It is your responsibility to protect your computer from computer viruses, adware, spyware, and malware by installing and updating adequate anti-virus and security software.
• 3.7 We will use reasonable endeavours to provide the Broadband Services to you at the speed you have requested, however we cannot always guarantee this. The speed of your connection and download times may be slower depending on the length of any telephone extension cables at the Installation Address, the distance the Installation Address is from the telephone exchange, the speed and quality of your router and modem, and congestion on our Network or the Internet.
• 3.8 With the intention of ensuring our Network performs consistently in all locations across our Network and at all times of the day, we reserve the right to manage internet applications across the Broadband Services at our discretion as we see fit. This may include, but is not limited to, prioritising web traffic and email over file sharing activities during times of high congestion.
• 3.9 From time to time, we may provide you with additional services to compliment your Broadband Services such as videomail, securemail and SMS. These other services will be provided to you under a separate contract and will not affect this contract unless expressly stated.

Dial Up Internet Services

• 3.10 We may, for operational or other reasons, change any codes or the numbers allocated to you or the specification of the Dial Up Internet Services. We may also modify or update the Dial Up Internet Services. Any such changes will not materially affect the Dial Up Internet Services.
• 3.11 We may, at our sole discretion, implement an automatic cut-off to interrupt your internet session after a fixed period of time (for example 2-3 hours). The purpose of the automatic cut-off is to maximise the performance of the Dial Up Internet Services for all users. If your internet session is interrupted by the automatic cut-off, you may immediately reconnect to the Dial Up Internet Services. There is no limit on the number of times you can connect to the Dial Up Internet Services.
• 3.12 If you have subscribed to a flat rate as part of your Package, you acknowledge that this product is not intended to be provided on an "always on" basis. Pipex reserves the right to transfer your Dial Up Internet Services to our "Pay As You Go" product or to suspend your Dial Up Internet Services at its sole discretion in the event that the usage of your Anytime account exceeds 150 hours over any calendar month. Pipex will contact you by email at least 10 days prior to any such action being taken to allow you the opportunity to reduce your usage of the Dial Up Internet Services to the permitted 150 hours.

Telephone Services

• 3.13 If you receive our Telephone Services, we reserve the right to restrict your access to other Networks and route all telephone calls through our Network. This includes calls dialed commencing with the prefix 1 (including for example the prefixes 132 and 1280) prefixes.
• 3.14 We will use reasonable endeavours to transfer your existing UK geographic number starting 01 or 02 on the Go-Live Date. There may be a short outage during or after the Go-Live Date during which you may not be able to receive incoming calls or make outgoing calls on this number.
• 3.15 The Pipex Business Call Service, may be provided by routing your phone calls to our Network at your local BT telephone exchange (also known as "Carrier Pre-Selection" or "CPS"). All calls (except calls to emergency services, operator assistance and flat-rate internet dial-up numbers) will then be routed to our Network automatically. Alternatively, we may choose to provide the Pipex Business Call Service using LLU. This will not affect provision of the Pipex Business Call Service to you.
• 3.16 We reserve the right to make Additional Charges for any additional services (including Line Features) you request, and further details can be found on our Website.
• 3.17 If you have previously registered for the Telephone Preference Service (TPS) as part of BT Privacy™, and would like this service to continue, we advise you to register for this service again at www.tpsonline.org.uk
• 3.18 If you wish to be listed in BT's telephone book, please note that we can only support standard residential entries being surname plus your first initial. You may be asked whether you want a listing within your Application, in which case we will automatically take these from your Application, or we may choose to carry across your standard residential listing.
• 3.19 We do not provide copies of the BT telephone book for your local area. You should however be provided with a free annual copy of your local telephone book by BT. Pipex is not responsible for the delivery of the BT telephone book, and cannot supply additional copies.

4. Your obligations to us 

• 4.1 You authorise us for the term of your contract with us to act on your behalf and appoint us as your agent in all dealings with BT or any other Service Provider in connection with the provision of the Services to you and you consent to BT or any other Service Provider providing us with your personal data and other relevant information to enable us to provide the Services to you.
• 4.2 You represent to us that you will inform us:
  • 4.2.1 if you are planning to move or if you move from the Installation Address during this contract;
  • 4.2.2 if your Service Number changes; and
  • 4.2.3 if there are other changes to the information you supplied to us when you registered for the Services.

Broadband Services

• 4.3 You must cancel any other broadband service supplied by another service provider through the BT or other non-cable telephone line that you wish to use to receive the Broadband Services and your BT or other non-cable telephone landline at the Installation Address must be clear of your former service provider's broadband service.
• 4.4 You must have a suitable computer and compatible cables from your telephone socket to your modem and computer. The minimum specifications are set out on our Website.
• 4.5 If we provide software to you to enable you to use the Broadband Services on a CD or where you download the software from the Internet, we agree to your use of the software on the basis that you use it solely for the purpose of receiving the Broadband Services and you must not make additional copies or modify our software in any way without our permission. We may from time to time offer you updates to the software that we provide to you. You are solely responsible for the installation of any such updates.

5. Customer services and our support to you 

• 5.1 You are responsible for all call charges that you incur whilst making calls to Customer Services.

Broadband Services

• 5.2 We will provide you with support for the Broadband Services and any modem that we have supplied to you.
• 5.3 If a fault does occur, you can report the fault by telephone, email or in writing to Customer Services. Once you have reported a fault to us, we will endeavour to resolve the fault as quickly and efficiently as we are able in the circumstances.
• 5.4 Where there is a fault which affects our customers as a whole or where the Broadband Services become generally unavailable, we will tell you by up dating the service status message on our Website as soon as we are able.
• 5.5 We are not responsible to you and do not provide support for computer equipment, software and cables that we did not supply to you. We will not reimburse you for the costs of any support that you obtain from elsewhere.

Telephone Services

• 5.6 You can report any fault with the Pipex Business Call Services by email or in writing to Customer Services. You acknowledge that BT is your line rental supplier, Pipex is not liable for any faults with your telephone line. You must contact your telephone line Service Provider, who should repair and maintain the telephone line in accordance with the terms and conditions of your contract with them.

6. Your use of the services 

• 6.1 You agree to use the Services in line with these terms and conditions and also in line with all relevant laws, regulations and licences as may be amended from time to time.
• 6.2 The Services are only to be used by you for private use for business purposes, not to resell or supply the Services to anyone else.
• 6.3 We reserve the right to monitor your usage of the Services to check whether or not it is what we would expect for Private Use. If, following such checks, we believe in our reasonable opinion that the Services are not being used for Private Use, we reserve the right to do any of the following having given you notice of our intention to do so:
  • 6.3.1 suspend or cancel your Services in accordance with clause 12.3.1 below;
  • 6.3.2 change your Package to another Package of our choosing, which might not include any inclusive calls you may have; and/or
  • 6.3.3 recalculate the portion of your invoice which we deem not to relate to Private Use in accordance with another Package of our choosing, and you agree to pay applicable additional Charges for such recalculated portion of your invoice.
• 6.4 You agree not to use the Services:
  • 6.4.1 to transmit or receive any material (including making telephone calls) that may be considered illegal, defamatory, offensive, racist, obscene, indecent, menacing (including when talking to our Customer Services agents) or allowing someone else to do these things, or connected with any criminal offence;
  • 6.4.2 to do anything, or allow anything to be done, which could damage our Network;
  • 6.4.3 to do anything, or allow anything to be done, which constitutes a violation or infringement of the rights of any person (including rights to copyright or confidentiality) or a violation or infringement of any duty or obligation to any third party;
  • 6.4.4 to do anything which causes inconvenience or distress to any third party;
  • 6.4.5 for any marketing purposes or their procurement; or
  • 6.4.6 for fraudulent or criminal activities.
• 6.5 You agree that you will not tamper with your telephone line or otherwise do anything which may cause damage to it.
• 6.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse use of the Services either by yourself or by someone you have knowingly allowed to use the Services we provide to you.

Broadband Services and Dial Up Internet Services

• 6.7 In using the Broadband Services or Dial Up Internet Services (as applicable), you must comply with:
  • 6.7.1 our Acceptable Use Policy both in letter and spirit and you must also take reasonable steps to ensure that other persons using the Broadband Services or Dial Up Internet Services that we provide to you also comply with this policy; and
  • 6.7.2 our Fair Usage Policy; we reserve the right to manage or regulate your usage in accordance with the Fair Usage Policy as amended from time to time.
• 6.8 Your websites:
  • 6.8.1 As part of the Broadband Services and Dial Up Internet Services we provide to you, you may set up your own web sites. You will be responsible for any material that you or anyone else places on your web sites.
  • 6.8.2 We may remove any website you have created if your website does not contain an index file (index.htm or index.html) in the root directory of your homepage or you have not accessed your website for more than 3 months.
  • 6.8.3 You must ensure that you are the owner of, or that you are authorised by the owner of, any trade mark or name that you wish to use as part of your web site address. We may reject or remove names that we believe may infringe someone else's trade mark. In addition we may reject or remove names that we believe are offensive.
  • 6.8.4 Your website must not include any material that is unlawful or is likely to cause offence, anxiety or harm to others or in a way that is inconsistent with the letter and spirit of our Acceptable Use Policy. In particular you must ensure you have the correct permissions in place to use any material that is subject to copyright. Common examples of material subject to copyright are music, sound clips, video clips, pictures and downloadable software.
  • 6.8.5 If we receive a complaint about your website (or any part of it) we may suspend the entire website (or any part of it) without notifying you beforehand. We may then ask you to obtain the complaining party's written consent prior to reinstating your web site. We may also require you to provide us with written assurance as regards further material to be displayed on your website. If we believe that the material on your website is sufficiently harmful, unlawful or offensive, is illegal or we receive further complaints about your web site after we have already issued you with a warning, we may either again suspend your web site indefinitely or end the contract between us immediately without further notice to you.
  • 6.8.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses that we incur as a direct result of the misuse of your website either by yourself or by someone you have knowingly allowed to place material on to your website.
• 6.9 usernames and passwords
  • 6.9.1 We will provide you with a set of usernames and passwords. Where possible we will give you the username and password of your choice, however your username must not mislead, infringe on others rights, cause distress, be obscene or indicate a connection to another person, company or organisation that has not been authorised.
  • 6.9.2 You must ensure that your usernames and passwords are kept confidential and are only used by you and persons you wish to use the Broadband Service. You must tell us immediately if you know or suspect that your username or password has been compromised.
  • 6.9.3 If we believe that there has been or is likely to be a breach of username or password security we may (at our sole discretion) suspend your usernames and passwords; and ask you to change any or all of the passwords you use in connection with the Broadband Services.
• 6.10 We may delete any email held using email addresses you have registered with the Dial Up Internet Services if you have not accessed your email for more than 3 months.

7. Charges 

• 7.1 We will invoice you for the Services in line with our Charges, and you agree to pay us the amount you are invoiced in accordance with such Charges. You accept that we consider anyone using the Services at the Installation Address to be authorised by you and that you must pay all Charges due from that use.
• 7.2 We may update our Charges from time and time, and any changes will be posted on our Website.
• 7.3 All Charges quoted on our Website exclude VAT. These sections are clearly marked.
• 7.4 We accept payment by Mastercard, Visa or Direct Debit. Before we can accept your Application, you must complete a direct debit or credit / debit card mandate either online or by phone.
• 7.5 If you wish to cancel or change the card which you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us.
• 7.6 If we accept your Application, we may give you a credit limit that we may decide to increase when we set up a direct debit or credit/debit card mandate from you. We cannot guarantee that we won't charge you immediately if you go beyond the credit limit.
• 7.7 We will collect the first payment from you through your chosen method of payment shortly after the date on which the Services are made available to you.
• 7.8 We will then invoice you from time to time (usually every month) for all Charges that you owe under these terms and conditions since the last invoice we sent you. Fees are normally invoiced monthly in advance and other charges such as Call Charges are normally invoiced monthly in arrears, unless we notify you otherwise in writing.
• 7.9 If you have a contract with us for Broadband Services, you will receive your invoices online. It is a condition of this contract that you provide a valid email address (which may be different from your Pipex.co.uk email address) for invoicing purposes and that you keep us informed of any changes to it. You are responsible for ensuring your mailbox is in proper working order and we shall not be liable for any errors in sending or receiving emails unless caused by our negligence.
• 7.10 If you have subscribed to Dial Up Internet Services, we reserve the right to send your invoices via email. We will notify you if we intend to send your invoices by email.
• 7.11 We will deduct the payment on the due date shown on each invoice. If this due date falls on a weekend or a public holiday, we will deduct the payment on the next working day after that date.
• 7.12 If you choose to pay by direct debit, if we make an error in our charges to you, under the direct debit scheme you are entitled to an immediate refund from your bank or building society. You may cancel a direct debit instruction at any time by writing to your bank or building society. If you do cancel your direct debit that you use to pay us, you must tell us immediately and provide us with an alternative method of payment acceptable to us.
• 7.13 If you disagree with any item on your invoice, you must notify Customer Services in writing within 30 days of the date on the invoice. After that time, you are deemed to have accepted the invoice. Disputes must be sent by Recorded Delivery to Customer Services, Pipex Internet Limited, PO Box 14506, Birmingham, B46 9BG. Please retain proof of postage.
• 7.14 If we accept that it is our mistake, we will refund any amounts that we have wrongly charged to your account within 30 days of receiving your comments. If you are unhappy with our decision, please refer to the dispute resolution process set out in our Code of Practice.
• 7.15 We can charge interest at 2% above Barclays Bank plc's base rate (from time to time) on any amount that is still due 30 days after the invoice date in line with these terms and conditions. This interest will start to apply from 30 days after the due date for payment and will add up each day until you pay the total amount you owe, whether or not this contract has ended. Please also note that we may suspend or end your Services immediately pursuant to clause 12.3.2 below.
• 7.16 You agree to pay all our reasonable costs for collecting any overdue amounts you owe us.

Telephone Services

• 7.17 Unless your Package details state otherwise, your calls will be rounded up to the nearest minute and all Call Charges for each telephone call are rounded up to the nearest penny. You accept that we consider anyone making telephone calls from the numbers you have chosen to use with the Telephone Services to be authorised by you and that you must pay any Call Charges due from that use.
• 7.18 Any calls made and not routed through our Network will be billed for by the relevant Network operator, and we reserve the right pass on any additional call charges which arise from calls made which are routed otherwise than via our Network.
• 7.19 We calculate all Call Charges using our data and records. We reserve the right to bill you up to three months after the date of the call, if billing delays by our Network providers make this necessary.
• 7.20 When the Telephone Services end, we will either:
  • 7.20.1 refund any amount in credit on your account after we have deducted any amount you owe us under these terms and conditions; or
  • 7.20.2 issue a final invoice for the amount you owe, which will be due by the date shown on that invoice.
• 7.21 If your Telephone Services include free or inclusive calls, these will be detailed in your Package.

8. Your personal information and privacy 

• 8.1 We will comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other applicable data protection legislation in relation to the handling of your personal data.
• 8.2 You agree to comply with the Privacy Policy which is located at our Website and you consent to our using and/or disclosing your personal information in accordance with the Privacy Policy.
• 8.3 Where we have obtained the appropriate consents from you we may also use your data for marketing purposes. This may include providing your data to carefully selected third parties. If you do not want to receive marketing material from us or our associated companies, then you should advise us of this during the Application or contact Customer Services.

9. Our liability to you 

• 9.1 We will be liable if you are injured or die as a result of our negligence. We do not limit our liability, or any liability we may have to you under Part 1 of the Consumer Protection Act 1987.
• 9.2 We shall not be liable to you under or in connection with this contract:
  • 9.2.1 for any loss that we could not have reasonably been expected to foresee at the start of the contract even where this related to special circumstances that you had previously made us aware of;
  • 9.2.2 for any loss of business, contracts, profits, anticipated savings, goodwill, or revenue;
  • 9.2.3 any lost enjoyment or wasted time; and
  • 9.2.4 any loss or corruption of data.
• 9.3 We will not be liable to you for any failure to deliver the Services or for any breach of contract, where the failure or breach is due to a reason outside of our reasonable control.
• 9.4 Our total aggregate liability to you in connection with this contract however it arises shall not exceed £5,000 in any year of the contract for any one event or series of events.
• 9.5 We do not provide you with any Equipment as part of our Telephone Services, and are not liable for any problems you might experience with any equipment you use with the Telephone Services.
• 9.6 We will not be liable to you for any damage to your personal equipment caused by any incompatibility of any equipment we supply as part of the Services with any of your other personal equipment unless such damage is directly attributable to improper installation by us.
• 9.7 The Services may include services provided and/or operated by third parties, including but not limited to shopping and banking services. We are not responsible for and are not liable to you for the content, availability or modifications to such third party services and exclude all losses, liabilities or damages you may suffer or incur arising out of your use of such third party services.

10. Disputes

• 10.1 We will do out best to resolve any disputes between us. We will deal with all disputes and complaints in accordance with our Code of Practice on our Website.
• 10.2 If you are not satisfied with the way we have dealt with your complaint after you have exhausted our escalations process set out in the Code of Practice or the resolution of the dispute, you can refer the matter to the independent ombudsman scheme that we are part of. Details of the independent ombudsman can be found within the Code of Practice. The ombudsman will review the matter fully and we agree to be bound by the ombudsman's final decision.

11. Moving house 

Broadband Services

• 11.1 If you move home or change the Service Number to which you connect to the Broadband Services, you must tell us immediately. You may still be able to continue to receive the Broadband Services, however we may charge you an additional fee for doing this where we incur costs for any reason. We will tell you what the amount of this fee is prior to charging you. It may take up to 20 working days to move the Broadband Services from the Installation Address to your new address and you may experience a loss of service during this time. You will continue to be responsible for the Charges for your Broadband Services at all times during the moving process. Please also note that if you move home or change your Service Number, your contract with us for the Broadband Services will continue until it is ended in the way set out in condition 12 "Ending the Services".

Telephone Services

• 11.2 You must contact Customer Services and ask for removal of Pipex Line Rental at the Installation Address. This will usually take effect within two to five working days of making contact, and please note that you will then not have access to either internet services or inbound/outbound calls, including calls to the emergency services, at the Installation Address.
• 11.3 You should then call BT and ask for a landline connection at your new property. It is recommended that you do this as far in advance as possible.
• 11.4 Once you have received your new phone number from BT, please contact Customer Services to arrange for provision of the Telephone Services to your new address (this may require a new Application). Initially, you will only be able to move your Pipex Business Call Service and Broadband Services.

12. Ending the services

• 12.1 You may give us notice by telephone to cancel within 10 Working Days of the date of your Application to us. If you cancel in this way, your contract will be cancelled and treated as if it had never existed, and you will be refunded any Charges paid within 30 days. This is consistent with your rights under the Distance Selling Regulations 2000. Any cancellation after this time will be subject to the termination procedures set out below.
• 12.2 From the Go-Live Date, we will provide the Services to you unless and until they end in one of the ways described below.
• 12.3 We can suspend or end the Services (or both) immediately and without notice:
• 12.3.1 if you break any term or condition of this contract or make a material mis-statement in any details supplied to us;
• 12.3.2 if you fail to pay the Charges due for the Services within 30 days after we have written to you to tell you that your payment is overdue or your chosen payment method seems not to be valid;
• 12.3.3 if for reasons outside our control, we cannot continue to provide the Services;
• 12.3.4 if you use abusive or threatening behaviour while using the Services (including when talking to our Customer Service agents);
• 12.3.5 in accordance with condition 4.9;
• 12.3.6 if you break our Acceptable Use Policy or Privacy Policy even if you are not aware that you have done so; or
• 12.3.7 our authorisations under the Communications Act 2003 are revoked.
• 12.4 You may end your contract with us for the Services at anytime if:
  • 12.4.1 you move to a new address to which we cannot provide the Services. In such case you must contact us in advance by telephone (please see condition 13 "Contacting us") and produce written proof of your new address;
  • 12.4.2 we break a material term of this contract and we fail to remedy it within 28 days of a written notice from you; or
  • 12.4.3 we suspend your use of the Services under these terms and conditions and such suspension has continued for more than 28 days.

Dial Up Internet Services

• 12.5 Either party may terminate this Agreement on giving 30 days written notice to the other at anytime and for any reason. You must pay the Charges up to and including the date of termination for all Dial Up Internet Services you receive from us.

Transfer to another Service Provider

• 12.6 Subject to any Minimum Contract Period that may apply, if you are moving to another Service Provider for the provision of Telephone Services or Broadband Services then the following apply:
  • 12.6.1 Broadband Services: If you are moving to another Service Provider, you must request a migration authorisation code (a "MAC"). Upon such request, we will issue you with a MAC wherever possible. Your account will not be cancelled until you use your MAC and migrate to another service provider and you must pay all charges for the Broadband Services until the date on which your contract actually ends. If you do not use your MAC once received, your contract for Broadband Services will continue until your contract with us is ended in accordance with condition 12.7. Where a MAC can not be provided we will use all reasonable endeavours to facilitate your migration to another Service Provider.

Termination and no Transfer to another Service Provider

• 12.7 Subject to any Minimum Contract Period that may apply:
  • 12.7.1 you can end your contract with us for the Broadband Services by giving us at least 30 days notice to us in writing (please see condition 13 "Contacting us"); and
• 12.8 If you wish to end your contract with us for the Pipex Business Call Service and you do not wish to transfer to an alternative provider, you must contact BT who will arrange for us to be removed from your telephone line. You will be notified by BT when this will take place (usually 10 working days) and once it has taken place you must contact us so that we can cancel your account. This will take effect the following working day. You will be responsible for the cost of calls made over our Network before we are removed from your telephone line.
• 12.9 If we end our contract with you under clauses 12.3.1, 12.3.2, 12.3.4, 12.3.5, or 12.3.6 we may charge you for any reasonable costs we have to pay to disconnect you.
• 12.10 If we suspend your contract under clauses 12.3.1, 12.3.2, 12.3.4, 12.3.5, or 12.3.6 you will continue to be responsible to us for the charges.
• 12.11 If we stop providing the Services under clause 12.3.3 we must give you at least seven days' notice in writing.

Cessation charge

• 12.12 If you end your contract for Broadband Services with us and do not request and use a MAC, you agree to pay us a cessation fee of £40. This fee is to cover the cancellation charge that we must pay BT and associated administration costs. The cessation charge will not be payable where you are moving home and either you have subscribed to our Broadband Services at your new address or we are unable to provide the Broadband Services at your new address.

Early termination charges

• 12.13 If we end our contract with you due to your default, including your failure to pay the Charges on the due date in accordance with this contract; or you end this contract during the Minimum Contract Period other than in circumstances in which you have a right to do so in Conditions 12.1 you will have to compensate us for the full amount of any outstanding Charges due to us for the remainder of the Minimum Period plus any outstanding Additional Charges accrued up to the date of termination.
• 12.14 Upon termination of any Services for any reason, we will send you a Termination Notice and all Charges outstanding and any Additional Charges arising as a result of such termination shall become due and payable immediately. If there is any amount in credit on your account after all Charges and Additional Charges have been paid, this will be refunded.

13. Contacting us

• 13.1 Written notices given under under these terms and conditions may only be delivered by post or e-mail to the following addresses:
  • 13.1.1 to us at the relevant address given on our contacts page located at our Website and addressed to Customer Services; and
  • 13.1.2 to you at the relevant postal or email address provided as part of the details which you submit on your Application or any alternative address that you provide to us via the 'My Account' pages.

14. Events outside of our reasonable control

• 14.1 We will not be liable to you for any failure to deliver the Services or for any breach of contract, where the failure or breach is due to an event outside of our reasonable control.

15. Other

• 15.1 We can close your account if you have not used it for 12 months or longer.
• 15.2 You cannot assign (transfer) your rights or responsibilities under these terms and conditions to another person without our permission in writing, such permission not to be unreasonably withheld or delayed provided that we may we will carry out a credit reference check against such person's name before deciding whether to give permission.
• 15.3 Neither of us shall be considered to have waived any right under these terms and conditions because we have not exercised that right or because we have delayed exercising that right.
• 15.4 Unless this contract says otherwise, any notice, invoice or other document given to you under this contract will be considered served if it is left at, or sent by post to, the address in the United Kingdom shown on your Application form, or any other address in the United Kingdom that you have told us about, in writing.
• 15.5 There terms and conditions are between us and you, and no other person has any right to benefit under them or to enforce them.
• 15.6 If any part, term or provision of this contract is found to be illegal or unenforceable by the court, the remainder of this contract shall continue to govern our provision of the Services to you.
• 15.7 We intend to rely upon these terms and conditions for the Services that we provide to you. We acknowledge that you may receive written and verbal information from our Customer Services team and these shall be incorporated into these terms and conditions.
• 15.8 This contract is governed by English law, and you and we agree that disputes can only be dealt with in English and Scottish courts.
• 15.9 We cannot guarantee that any offer will remain open to you if you do not return your signed copy of you Application to us within 3 months from the date of the cover letter accompanying it.
• 15.10 We reserve the right at any time to assign this contract, provided always that no assignment will affect any guarantees to you under this contract, to any company, firm or person whatsoever.

16. Glossary

• Acceptable Use Policy
  Our acceptable use policy as amended from time to time and found on our Website.
• Additional Charges
  Means any applicable charges in addition to Fees and Call Charges as may be applicable from time to time, including but not limited to charges for Line Features, Early Termination Charges, Pay Per Rental Charge and any other charges payable by you to us as specified in these terms and conditions or on our Website.
• Additional Terms and Conditions
  Our Privacy Policy, Code of Practice, Acceptable Use Policy, Terms of Use, Cookie Policy, Fair Usage Policy and Sales and Marketing Code of Conduct.
• Application
  An application to subscribe for any one or more of the Services made online, by telephone, by installation CD-ROM, or by completing a paper application form.
• Broadband Services
  Means high speed digital network access to the Internet, a range of Internet services and the applications which we may provide to you for Private Use as set out in your Package.
• BT
  British Telecommunications Plc and as applicable, Openreach or other trading divisions of BT from time to time.
• Call Charges
  The relevant charges for calls made or to be made using the Pipex Business Call Service as specified on our Website.
• Charges
  Means our Fees, Call Charges, Additional Charges and other charges, in force from time to time.
• Code of Practice
  Means our code of practice as amended from time to time and found on our Website.
• Cookie Policy
  Means our code of practice as amended from time to time and found on our Website.
• CPS
  Is carrier pre-selection, being the Network access mechanism that occurs when a telecommunications operator automatically programmes your local telephone exchange to route your calls or traffic over a Service Priovider's Network.
• Customer Services
  Our customer services team, whose numbers can be found on our website.
• Dial-Up Internet Services
  Is analogue network access to the Internet, a range of Internet services and the applications which we may provide to you for Private Use as set out in your Package.
• Early Termination Charges
  The charges payable by you as set out in Condition 12.13.
• Equipment
  The equipment supplied to you by us which enables you to receive the Services, which shall include any modem for Broadband Services, cabling and other ancillary apparatus as necessary for the reception of the Services and/or other services. The Equipment does not include your BT or other non-cable telephone line (if applicable) which shall remain the property and responsibility of BT or other non-cable Service Provider.
• Fair Usage Policy
  Means the fair use policy governing your use of the Broadband Service as amended from time to time, and found on our website.
• Fees
  The fees that may be payable from time to time for provision of the Services as specified on our Website payable by you as applicable.
• Go-Live Date
  The date from which you can use the Services, which we will notify you of, and which we may change if we consider it necessary.
• Installation Address
  The address of the property occupied by you at which we agree to provide the Services and where any Equipment is installed.
• Installation Date
  The date on which we install the Equipment at the Installation Address.
• Line Features
  Means Network or other calling features (e.g. caller display, voicemail).
• LLU
  A process by which BT lines are physically disconnected from its Network and connected to our Network.
• Minimum Contract Period
  A period of 12 months from the date you enter a contract with us for Services, or 12 months from the date you upgrade or downgrade your Package, or such longer period as is specified in your Package, unless you enter a contract with us for Telephone Services only in which case no minimum contract period applies.
• Network
  The telecommunications network.
• Privacy Policy
  Our Privacy Policy as amended from time to time and found on our Website.
• Private Use
  For business or residential purposes as set out in clause 6.2.
• Sales and Marketing Code of Practice
  Our sales and marketing code of practice as amended from time to time and found on our Website.
• Services
  The Telephone Services and Broadband Services that we provide to you as applicable and "Service" shall mean any one of the Services.
• Service Provider
  A provider of broadband and / or telephony services.
• Telephone Services
  The Pipex Business Call Service as set out in your Package.
• Termination Notice
  The notice you receive from us confirming that your Service has ended.
• Pipex Broadband Subscriber
  Having a contract with Pipex for Broadband Services.
• Pipex Business Call Service
  The call service for Private Use which we may provide you as set out in your Packages.
• Member
  Means you, or any other person who accesses our Website.
• Package
  Means the package of products and services which you have chosen to receive from us.
• Pipex, We or Us
  Means Pipex Internet Limited, a company registered in England and Wales under company number 05306519 and VAT registration number GB712563061 and whose registered office is at 20 Broadwick Street, London, W1F 8HT.
• Website
  Means the website hosted by us at URL: www.pipex.co.uk, www.pipex.co.uk/business, and www.mypipex.net
• Welcome Pack
  The pack of information you receive from us following a successful Application.
• Working Day
  A day (other than a Saturday or Sunday) on which banks are ordinarily open for business in the UK.
• You
  Means you the customer.