This sets out the terms and conditions upon which Pipex Internet Limited ("We", "Us", "Our") a Tiscali UK company, 20 Broadwick Street, London W1F 8HT registered in England & Wales (Co. No. 05306519) will provide the Services (defined below) to you the customer ("You" or "Your") and which together with the Declaration (defined below) form the basis of the contract between You and Us ("Contract").

These terms and conditions are effective from 24th October 2007

1. DEFINITIONS

"Access Provider"	means the communications network operator providing an access line to You enabling You to connect to the Service;
"Additional Payment Processing Fee"	means the fee chargeable by Us to You under clause 7.3 where You pay by a method other than Direct Debit;
"AUP"	means Acceptable Use Policy which specifies the actions prohibited by Us in the use of Our Broadband Service by You and other users of the network. You can obtain further details of this on Our Website;
"Bill"	means the statement of account which You will receive from Us in respect of Your use of the Services, this can be viewed by logging onto My Pipex;
"Broadband Service"	means the internet service to be provided by Us to You in accordance with these conditions, which delivers high-bandwidth information to homes and small businesses via ordinary copper telephone lines and the Equipment;
"BT"	means British Telecommunications plc of 81 Newgate Street London EC1A 7AJ and may as the context requires include without limitation ‘Openreach’ or any other trading division of BT from time to time;
"Bundle"	means where You agree to order CPS Service and the Broadband Service as a combined package;
"Call Charges"	means the fees listed on the Price List, payable by You, in respect of Your use of the Service by way of telephone calls made across the Network from the telephone number through which You are connected to the Service;
"Charges"	means the Fixed Charges, the Call Charges, the Connection Charge, the Early Termination Fee, the Payment Processing Fee, and the Additional Payment Processing Fee as appropriate and as specified on the Order and payable by You to Us in respect of Your use of the Services;
"Commencement Date"	means the date upon which any of the Services are first made available to You or when You first start to use the Service whichever is the earlier, this date is not guaranteed nor is it of the essence;
"Connection Charge"	means the refundable fee listed on the Price List, payable by You, for installation of and connection to the Services;
"CPS Service"	means the Carrier Pre Selection telecommunications service, which in accordance with Your instructions routes certain categories of telephone calls to an alternate Network to allow You to make telephone calls to other national or international telephone numbers;
"Customer Services"	means the customer service facility provided by Us for You to report any faults with any of Our Services or make general account queries via 0871 222 5550 (or such other number that We may advise from time to time);
"Declaration"	means the schedule attached to these conditions, containing among other things, Your personal details and the details of the Service requested by You and which is (where You are physically present with one of Our representatives) signed by You or otherwise agreed to by You (where You are not physically present);
"Early Termination Fee"	means in relation to the Broadband Service the Recommended Retail Price for Broadband charged for the remainder of the Minimum Term in addition to this You may also be liable for a one off cancellation fee;
"Equipment"	means any apparatus, goods and/or other equipment owned by Us and/or purchased by You from Us and used to provide the Service;
"Fixed Charges"	means the fees listed on the Price List, payable by You in respect of the installation of or connection to the Services, and/or telephone package charges as appropriate and as indicated in the Order , the Connection Charge and any other one off administration charges notified to You from time to time;
"FUP"	means the Fair Usage Policy operated by Us designed to make sure Your Broadband Service is quick and reliable whenever You use it. You can obtain further details of this on our Website;
"Internet"	means the world wide data network and comprising interconnected networks;
"Minimum Term"	means the period of at least 12 months, (or otherwise as specified for promotional offers as notified to You in sales literature, on your welcome letter from Us, or other communications addressed to You from Us) from the Commencement Date in relation to the Broadband Service and means 1 month in relation to the CPS Service from the Commencement Date;
"My Pipex"	means the online account management tool owned and controlled by Us where You can view Your Bill, update personal, payment and account information relating to Your Pipex account. Log on to manage Your account at www.mypipex.net;
"Network"	means any communications network that We may use in order to supply the Service to You;
"Offending Material"	means any material, data, images or information written or oral that is: (i) in breach of any law, regulation, code of practice or Our acceptable use policy; and/or (ii) abusive, indecent, defamatory, immoral, offensive, obscene or menacing or otherwise offensive; and/or (iii) in breach of confidence, intellectual property rights, privacy or any right of a third party; and/or (iv) fraudulent or which has any illegal or unlawful purpose;
"Order"	means Your order for CPS and/or Broadband Services which, where submitted in person, is signed by You or, where submitted by telephone or through the Website, recorded in written, printed or electronic form or otherwise by Us;
"Payment Processing Fee"	means the payment processing fee charged to You by Us and payable by You to Us under clause 7.2 and 7.3 when dealing with Your payments and which are included in the figure on the Bill;
"Premises"	means the residential address which You provide to Us where the Equipment is to be delivered and located and where the Service is to be connected;
"Price List"	means Our list of Charges setting out the fees payable by You for the Services as published and/or amended by Us from time to time and which is available on request or on Our Website;
"Privacy Policy"	means the privacy and data protection policy governing Our use of the personal information that We collect from You in connection with the Service and as published by Us and which is available on request or on Our Website;
"Re-grade"	means any request made by You to change the Transmission Speed of the Broadband Service;
"Services"	means the residential communications services provided by Us to You in accordance with this Contract and as specified on the Declaration and which may include the CPS Service and/or the Broadband Service as appropriate;
"Service Availability Area"	means the geographic area within the United Kingdom where the Broadband Service is potentially available as specified and/or varied by Us from time to time;
"Technical Support Helpline"	means the Broadband Service technical support telephone helpline available on 0871 222 5550 (or such other number that we may advise from time to time) between the hours of 8am to 9pm Mon to Fri, and 9am to 6pm Sat , (except certain public holidays);
"Traffic"	means the data transmitted and received across the network;
"Transmission Speed"	means the rate in millions of bits per second (Mbps) that data is transferred between two modems. Your Transmission Speed is that specified in Your Order; and
"Website"	means the internet website at www.pipex.co.uk owned and controlled by Us;

2. BASIS OF CONTRACT

2.1 These conditions shall govern the Contract between You and Us to the exclusion of any other terms or conditions; they will supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You.

2.2 Requests for Services leading to a Contract which are not expressed to be subject to these conditions shall still be subject to them.

2.3 No oral warranties or representations shall bind Us. You acknowledge that You do not rely on any representation and/or warranty that has not been made in writing and no variation to this Contract shall be effective unless in writing and signed by one of Our authorised representatives.

2.4 Details and/or specifications in brochures and price lists produced by Us are intended as a guide and general approximation of the Services only. You confirm that You have not relied upon details or information contained in Our brochures unless We have confirmed their accuracy to You in writing.

2.5 This Contract is effective once We accept Your application for the Services and it will continue unless or until terminated in accordance with clause 10.

2.6 In response to Ofcom’s publication of its "statement and notification on protecting citizen’s and consumers from mis-selling of fixed line telecoms services" (the "Ofcom guidelines) which requires all providers of fixed line voice telephony services to maintain and follow a sales and marketing code of practice in order to prevent mis-selling to customers, we have produced a Pipex code of practice to set out Your rights in this area. You can obtain further details of these on Our website.

2.7 We may from time to time make Our Services available on a promotional basis. These promotions will be subject to special conditions which amend these conditions and will be notified to You with details of the promotion. Promotions may also be subject to qualifying conditions which You will need to meet.

2.8 These conditions should be read alongside and in conjunction with the Acceptable Use Policy ("AUP") which may be subject to change from time to time. You can find further details of the AUP on Our Website. It is Your responsibility to ensure that You comply with the latest edition of the AUP in force at any given time. These conditions together with the AUP explain Our responsibilities to You and Your responsibilities to Us and other users of the Services. The AUP in particular outlines what We consider to be unacceptable use of the Internet by You so that We can take appropriate steps against abusers of the Internet.

3. CONNECTION AND SUPPLY OF CPS SERVICE

3.1 We will arrange to transfer You from Your current communications service to the Service. You authorise Us to arrange the termination of Your existing contract with Your existing communications service provider and to obtain (on Your behalf) any relevant information from Your existing communications service provider, which is necessary to connect You to the Service. You may cancel this Contract, at no charge, if You notify Our Customer Services Department in writing within 10 days starting from the day after the date of Our acceptance of Your application for the Services. You cannot cancel this Contract after the Commencement Date. We cannot guarantee that the Services will be ready on a particular date and We will have no liability for any failure to provide You with the Services by any estimated date of connection.

3.2 You remain liable to the Access Provider for charges they may levy against You. We will raise and bill You for Call Charges in respect of all calls made by You as specified on the Price List.

3.3 We will provide the Service to You with reasonable skill and care in accordance with this Contract. However, the Service may be affected by things outside of Our control such as faults in other communications networks and We do not guarantee the prevention or detection of unauthorised attempts to access the Service or that the Service will be fault free all of the time.

3.4 We may refuse to connect You to the Service if any of the information You provide to Us is inaccurate, incomplete or misleading. You are responsible for providing to Us all information We request and for the accuracy of that information. You must inform Us in advance of any changes to Your information.

3.5 We will connect You to the Service if You meet Our financial and other requirements. In making Our decision to connect You to the Service You consent to Us making a search, following the cooling off period specified in clause 3.1, in the files of a licensed credit referencing agency, who may record the search. If You do not meet Our requirements We may refuse to connect You to the Service and this Contract will automatically terminate.

3.6 We may change, at any time without notice, which Networks to use to route Your calls and We may choose to vary the means by which You access the Services.

3.7 You shall have no right to reject the Services (other than in accordance with clause 3.1) and You shall have no right to rescind for late performance unless the due date for performance has passed and You have given Us written notice requiring performance and giving Us not less than 14 days in which to do so and that notice has not been complied with.

3.8 If You refuse to allow performance of the Services (other than in accordance with clause 3.1) then We may withhold performance of any other Services and to treat this Contract as repudiated by You and We may rescind this Contract.

3.9 Where appropriate You will allow and/or procure sufficient access to Our employees, sub-contractors and/or agents to allow them to install and/or connect the Services and/or correct any fault in the Services. You will ensure that the site where the installation and/or connection work is to be performed is cleared and prepared and is a safe working environment.

3.10 Any gifts, marketing incentives, sales offers and/or loyalty rewards which We may give, offer and/or award to You are given by Us at Our sole discretion and we may, at Our sole discretion, withdraw such things immediately at any time upon notice to You either in writing or by posting notice on the Website.

3.11 We are not responsible for entries in any telephone directory existing at the Commencement Date. However, We will use reasonable efforts to amend any errors:

3.11.1 in the electronic versions of the relevant directory, as soon as practicable; and

3.11.2 in any paper or hard copy of the relevant directory within 13 months; after receipt of Your written notice of the error.

4. CONNECTION AND SUPPLY OF THE BROADBAND SERVICE

4.1 We want to offer You the highest level of service that We are reasonably able to achieve. In order to do so we will utilise different technologies and network topographies to deliver the Broadband Service to You. The different technologies and networks may be operated by different member companies.

4.2 Registering with the Broadband Service gives You the ability, using a computer (of appropriate specification) and the Equipment, to access the Internet on an "always-on" basis at the best available Transmission Speed that We are reasonably able to make available to You according to operational and technical characteristics of Your phone line and the Equipment that you connect.

4.3 Before We can be sure that We can provide You with the Broadband Service We must:

4.3.1.1 check that You are in a geographical area where You can receive the Broadband Service;

4.3.1.2 perform a satisfactory telephone line test; and

4.3.1.3 successfully activate the Broadband Service because, in Our sole opinion, if the conditions above are not satisfied then We will notify You as soon as possible.

4.4 The provision of the Broadband Service is conditional upon:

4.4.1 You having a current valid contract with BT or other non-cable analogue direct exchange line, which terminates on a master socket forming part of the national telecommunications network for use and which will need to be in operation for as long as this agreement continues and over which we will provide the Service. In the event that Your telephone account with Your line provider is terminated or You change the services on the telephone line on which You currently use the Broadband Service, so that the Broadband Service is unable to operate normally, we may terminate the Broadband Service and You will be liable for the Charges that would have otherwise been payable during the remainder of the Minimum Term;

4.4.2 successful installation of Equipment, of the right specification;

4.4.3 compatible cables, extension leads, modems and computers; and

4.4.4 successful activation of the Service by You.

4.5 Our obligations to provide the Broadband Service shall be conditional upon the technical requirements being satisfied. You acknowledge that:

4.5.1 clauses 4.3.1 and 4.4.1 are fulfilled and remain in operation for as long as this Agreement continues and over which We provide the Service; and

4.5.2 You have a computer that satisfies the technical requirements.

4.6 Our responsibility for the Broadband Service does not apply in relation to any point beyond the telephone master socket at Your home, We are not responsible for any interference or degradation of Service caused by any internal wiring or cabling within Your home. You acknowledge that You shall be responsible for any upgrades of such internal wiring or cabling within your home that are deemed necessary to enable You to obtain the connectivity or the full connectivity speed of the Broadband Service.

4.7 The Service may be affected by things outside of Our control such as faults in other telecommunications, internet or other networks and we do not guarantee the prevention or detection of unauthorised attempts to access the Service or that the Service will be fault free all of the time.

4.8 We will endeavour to provide the Broadband Service to You at the Transmission Speed specified in Your Order, however We cannot always guarantee this and the speed of Your connection and download times may be slower if Our network or the Internet is congested.

4.9 We may refuse to connect You to the Service if any of the information You have provided to Us is inaccurate, incomplete or misleading. You are responsible for providing to Us all information We request and for the accuracy of the information You provide. You must inform Us immediately of any changes to the information you have provided to Us including any change in the address of the Premises.

4.10 Where the address of the Premises changes and You wish to continue to receive the Broadband Service, You will need to apply for that Service for a further Minimum Term at Your new residential address and at Our then current rates. If the change in Premises is during the Minimum Term and You do not apply for the Service at Your new residential address then You will be required to pay the Early Termination Fee in accordance with clause 10.2 below. You will not be sent additional Equipment in respect of any further application for Services at new Premises.

4.11 Where You request to change Your telephone number because You have been a victim of harassment, You must provide Us with necessary proof (in the form of a crime number) to be re-provisioned without any additional charge. If You are unable to produce necessary proof, You will either need to apply for the Broadband Service on Your new number for a further Minimum Term, or pay a one off number change charge of £50 and continue to pay the Charges for the remainder of the Minimum Term. In all other cases where You wish to change Your number You will either have to apply for the Broadband Service on Your new number for a further Minimum Term or pay a one off change charge of £50 and continue to pay the Charges for the remainder of the Minimum Term.

4.12 Any apparatus, with the exclusion of the Equipment, used by You to access the Services and Your relationship with the Access Provider is Your responsibility. You will ensure that any apparatus, tools, personal computers and/or other paraphernalia attached to the Service is compatible with the Service and does not breach any regulations or legislation. You will be responsible for any adjustments, variations and/or alterations which need to be made to such apparatus to make it compliant with the Service and We will have no liability for any damage caused in attaching or adapting such apparatus to the Service.

4.13 You accept and acknowledge that the Service, as other Internet applications, is not secure and we do not guarantee the prevention or detection of any unauthorised attempts to access the Service.

4.14 With the intention of ensuring that the network performs consistently in all locations across the network and at all times of day We reserve the right to manage internet applications 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.

5. USE OF THE SERVICES

5.1 You must not use the Services:

5.1.1 for sending any messages or communications which contain Offending Material; and/or

5.1.2 to harass, annoy, inconvenience or cause needless anxiety to any person; and/or

5.1.3 in the course of, to facilitate and/or for the purpose of pursuing any permanent and/or regular business activity; and

5.1.4 You must not encourage, request or permit anyone else to use the Services in this way.

5.1.5 for the sending of any unsolicited advertising or promotional material; and

5.1.6 in a way that in BT’s reasonable opinion could materially affect the quality of any telecommunications services including the Service.

5.2 This Contract is personal to You, and the Service is provided solely for Your personal use. You must not resell, sub-licence and/or transfer this Contract and/or use of the Services to anyone else without Our consent in writing.

5.3 You agree to pay to Us all costs (including all reasonable legal or recovery costs) expenses, liabilities (including any tax liability), injuries, losses, damages (including damage to or loss or theft of Our Equipment) claims, demands and judgements which We suffer arising as a result of any use of the Services in breach of this Contract by You or arising as a result of a claim by a third party that Your use of the Service, other than in strict accordance with this Contract, infringes their intellectual property rights.

5.4 We may co-operate with the police and any other relevant authorities in connection with any misuse or suspected misuse of the Services or other communications services and You consent to Us co-operating with any other communications operators for this reason. Where required to do so by law We may divulge Your name, address and account information to such third parties.

5.5 Where You are using the Services fraudulently and/or Your application is fraudulent, We may recover from You any costs of any investigation into such fraudulent use or application including increased administration costs and any legal costs.

5.6 You will:

5.6.1 Use the Services in compliance with any and all legislation, regulations, codes of practice and/or use and/or licences;

5.6.2 immediately report to Us any fault You become aware of. When You notify Us of a fault in the Services We will endeavour to correct that fault as soon as practicable;

5.6.3 not change or attempt to change a user name without Our written consent;

5.6.4 keep any user names and passwords confidential and not disclose them to any unauthorised third party;

5.6.5 inform Us immediately if You know or suspect that an unauthorised third party has knowledge of Your user names and/or passwords; and

5.6.6 comply with the maximum storage and attachment size limits notified to You by Us from time to time.

5.7 Where You make a telephone call by dialling the "BT Break Out Code" (1280) We will raise Call Charges in respect of that call at the then current standard BT day time retail rate or at Our then current Call Charge rate, whichever is the higher, for the telephone number dialled.

5.8 Where You have the facility to produce Your own website you warrant and represent to Us that the information on that website will be complete and accurate and will not contain any Offensive Material and will comply with all consumer and other legislation, instructions, codes of practice and/or guidelines issued by regulatory authorities from time to time.

5.9 Where You have reported a fault and no Equipment is installed at the Premises, You will allow our designated maintainer to check Your equipment. Where there is a fault, which is not Our responsibility, We may charge You for any work undertaken at Our then current hourly rates as shown on the Price List.

5.10 In order to provide You with the Broadband Service, We will attach cookies to your equipment, personal computer and/or other computer system that are essential to enable us to identify You as a customer, to facilitate Your use of the Services. We also use cookies to ensure that Our mailing tools are working correctly. You hereby consent to receiving cookies by accepting these conditions. Further information and details on how We use cookies and how you can remove or reject cookies can be found in our Privacy Policy which can be found on our website.

5.11 We operate a Fair Usage Policy (FUP) to protect the quality of service that We provide to You and Our other customers. If We believe that Your use of the Broadband Service is adversely affecting Our network (or any part of it) or Our other customers We reserve the right to manage or regulate Your usage in accordance with the FUP.

5.12 We reserve the right to manage Your Traffic across Our network. This may involve restrictions to Your Broadband Service including, but not limited to, reduced connection speed, restriction of ‘peer to peer’ downloading or imposing specific usage limits. These restrictions maybe used singularly or in conjunction with others. We reserve the right to deploy network Traffic management measures at anytime without notice. We undertake to use network management to deliver a fair service to you. If Your use of the Broadband Service continues to adversely affect network integrity or cause network degradation, we also reserve the right to terminate the Broadband Service even if You are within Your Minimum Term.

5.13 You may at anytime during the term of this Agreement request a Re-grade for Your Broadband Service, subject to a maximum of two (2) Re-grades in each 12 month period. In the event that Your Broadband Service is due to a Re-grade during the Minimum Term, we reserve the right to make an additional charge and to require You to commit to a further Minimum Term from the date of such Re-grade.

6. EQUIPMENT

6.1 We will deliver the Equipment to the Premises and You will be liable to pay for the Equipment (where notified) at Our then current rates shown on Our Price List in addition to Our reasonable costs of carriage, insurance, postage packing.

6.2 It is a condition of use of the Equipment that you accept and abide by the Equipment Manufacturers terms and conditions before you use the Equipment.

6.3 Risk of loss or damage to the Equipment will pass to You upon delivery to the Premises.

6.4 On condition that You have, where required, paid for the Equipment, title and ownership in the Equipment will pass to You on the Commencement Date.

6.5 You will be responsible for the safe upkeep of the Equipment while in Your possession and You will use the Equipment to access the Broadband Service in accordance with the manufacturer’s security, safety and operation instructions.

6.6 You must take reasonable care of the Equipment, keep the original box and packaging and store in accordance with the manufacturer’s instructions. If you do not take reasonable care of the Equipment, you will not be entitled to return it to Us within the 7 day period, for a full refund. You are responsible for the risk and cost of returning the Equipment to Us and if you do not We may charge you for the Equipment at our then current rates shown on Our Price List.

6.7 If You cancel the Contract before the Commencement Date We will, where appropriate, charge You for the Equipment at Our then current rates shown on Our Price List or if You have paid for the Equipment, no refund will be due to from Us to You in respect of the price of the Equipment.

6.8 We will have no liability to You for any Equipment lost or damaged in transit unless You have notified Us of such loss and/or damage within 5 days from the date of delivery.

6.9 If You fail to accept delivery of the Equipment, then without prejudice to other rights or remedies We may have, We may store the Equipment at Your cost and risk until actual delivery.

6.10 We do not give any warranties in relation to the Equipment. We will, so far as is possible, assign to You the benefit of the warranties provided by the Equipment manufacturer. Faults in the Equipment covered by the manufacturer’s warranty must be reported to Our technical Customer Services Department (contact details for which are available upon request) within 14 days of the fault first occurring. Where necessary, You may be required to return the Equipment to Us (in the prepaid packaging provided to You when originally delivered) for inspection, repair and/or replacement in accordance with terms of the manufacturer’s warranty. If you no longer have the pre-paid packaging provided the You must return the Equipment to Us at your cost and expense.

6.11 Once we have received the Equipment back from You and We are satisfied that the Equipment is faulty we will send replacement Equipment to You.

6.12 We only offer technical support on the Equipment that comes as standard with the Broadband Service. If You experience a problem with your Equipment, which is covered by the manufacturer’s warranty, You should call Our customer care department. If the fault cannot be resolved over the telephone you should return the Equipment to Us or our appointed agent for testing within 14 days of reporting the fault.

6.13 If We are satisfied that the Equipment is faulty and that such fault is not as a result of Your failure to take proper care of and/or Your improper use of the Equipment, then You will be sent replacement Equipment free of charge.

6.14 If We are not satisfied that the Equipment is faulty or that such fault was not as a result of Your failure to take proper care of and/or Your improper use of the Equipment, then We will return the Equipment to You.

6.15 Where You are unable to use the Broadband Service due to faulty Equipment which We have confirmed is covered by the manufacturer’s warranty We will not credit you with the period for which you are without the Equipment and cannot use the Service. We will however, add the number of days during which You were unable to use the Broadband Service for this reason to the end of the Minimum Term.

7 THE CHARGES

7.1 You will pay Us, in addition to any other fees due under this Contract, the Charges calculated in accordance with the Price List and shown on the Bill.

7.2 The Charges are inclusive of any applicable Value Added and/or other tax (which may be applicable to the Services from time to time) for which You shall be additionally liable. Where You discharge Your account other than by Direct Debit, We may levy an Additional Payment Processing Fee.

7.3 We may from time to time set You a reasonable credit limit. Changes in Your credit limit will be notified to You from time to time. We may require a prepayment before reconnecting You or any exchange line to the Service if We have previously disconnected You for non-payment.

7.4 We may refuse to accept Your requests for Services and/or to suspend the provision of the Services if such request or provision would result in Your exceeding Your credit limit or the credit limit is already exceeded.

8 BILLING AND PAYMENT

8.1 You agree to pay by Direct Debit all Charges due to Us within 14 days of the date of the Bill. If You fail to make any payment in full on the due date We may charge You any reasonable additional administration charge and/or interest (both before and after judgment) on the amount unpaid at the rate of 3% above the base rate from time to time of Barclays Bank plc. Such interest shall be compounded with monthly rests. If You fail to pay any Charges by the due date We may temporarily suspend Services without warning. We will restore the Services after You pay all Charges including any additional Charges specified. Our current administration charges are available upon request.

8.2 If You use an alternate service provider to route Your calls before connection to, during use of or after the termination of the Services and this is not effective You remain liable to pay for all Charges raised by Us in respect of Your usage of the Services whether incurred intentionally or inadvertently.

8.3 We will have no liability for delays in the billing of any Charges. Any delay that occurs does not affect Your responsibility to pay.

8.4 If You fail to pay Charges when due, We may completely disconnect You from the Network in accordance with Our disconnection policy, which is available on request and which is available on Our Website. Reconnection will be at Our sole discretion and will be subject to this Contract. You remain liable to pay all Charges due even if Services have been, restricted, suspended, disconnected or terminated for non-payment.

8.5 Any monies received by Us from You may be applied by Us at Our option against any additional administrative costs and/or interest charged prior to application against any principal sums due from You against which it may be applied in any order.

8.6 You shall pay all sums due to Us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies, other than as required by law and You shall not assert any credit, set-off or counterclaim against Us (in respect of any undisputed amounts) in order to justify withholding such amount in whole or in part. If You want to dispute an item on the Bill, You must do so in writing within 30 days of the date of the relevant Bill.

8.7 If You do not inform Us in advance of changes in Your information, as required by clause 3.4, You remain liable for all Charges incurred through the usage of the Services by any third party using your telephone number and become liable for any reasonable costs We or Our agents incur in determining Your new details or whereabouts.

8.8 You are the only person with whom We are authorised to discuss matters relating to Your account. We will not disclose information if We feel that We have not received sufficient proof of Your identity when You speak to Us. If You require a second person to be able to discuss Your affairs with Us it is Your responsibility to provide Us with the written authority We require. If You require previously notified second persons to be removed from access to Your account, You must notify Us in writing.

9 PAYMENT PROCESSING

9.1 We process all payments made under this Contract and You agree that We will charge You the Payment Processing Fee. The overall amount You pay is not increased provided payments are made by Direct Debit, credit or debit card. When You use these methods of payment, payments due to Us will be discounted by the amounts You must pay to Us, leaving the total You pay unaltered. Payments made by methods other than by Direct Debit, credit or debit card may be subject to the Additional Payment Processing Fee.

9.2 Where payments are made by Direct Debit, You agree to pay Us a Payment Processing Fee of 1.5% of the amount paid by these methods of payment, and to pay the balance of the Charges to Us.

9.3 Where payments are made, by agreement, by credit or debit card, You agree to pay Us a Payment Processing Fee of 2.5% of the amount paid by these methods of payment, and to pay the balance of the Charges to Us.

9.4 Where payments are made by methods other than Direct Debit, credit or debit card, We may charge an Additional Payment Processing Fee, (which will be separately itemised on the Bill) in addition to any amount You owe Us for the Services and the Payment Processing Fee.

10 TERMINATION

10.1 We may end this Contract immediately if:

10.1.1 We believe that you are in breach of any, all or some of your obligations under this Contract and the breach is incapable of remedy;

10.1.2 You are in breach of this Contract and, where capable of remedy, You do not remedy the breach within 7 days of Our notice requiring You to do so;

10.1.3 the contract between Us and BT or any other relevant communications service provider enabling the provision by Us of the Service, is cancelled or terminated;

10.1.4 (where relevant) You no longer have a current valid contract with BT or other non cable provider for the use of a BT analogue direct exchange line;

10.1.5 You do not pay the Bill on time and/or any Direct Debit instruction submitted fails and We have followed Our disconnection policy to its conclusion;

10.1.6 You use the Service otherwise than as specified by this Contract and/or any other written instructions/guidance issued by Us from time to time;

10.1.7 You are declared bankrupt or enter into any agreement with Your creditors;

10.1.8 We are required to end this Contract by a competent regulatory authority;

10.1.9 You do not pay Us any sums which are due to Us;

10.1.10 We think there has been a breach of security in respect of the Broadband Service;

10.1.11 You break Our AUP and/or FUP even if You are not aware that You have done so;

10.1.12 We have reasonable grounds to suspect You are using the Services fraudulently; and/or

10.1.13 Your direct debit instruction is cancelled or any payment being made by Direct Debit fails.

10.2 On termination of this Contract:

10.2.1 all Charges owing will become immediately due and payable; and

10.2.2 You will pay all outstanding Charges due to Us under this Contract up to and including the date of termination or disconnection including any Charges which may not yet have been billed; and

10.2.3 If You have a credit balance on Your Bill of less than £5, this will be charged as an administration fee and will not be repayable to You. Any other credit balances will be repayable to You subject to You requesting payment in writing within 6 months of terminating Your Contract, after which the credit balance will no longer be repayable to You.

10.3. You may terminate this Contract at any time by serving Us with 30 days written notice which shall commence from the date of Our receipt of such notice and such notice not to expire before the expiry of the Minimum Term. Proof of postage of such notice is not acceptable as proof that We have received it.

10.4 You may terminate this Contract before the expiry of the Minimum Term, on condition that You pay to us the Early Termination Fee as liquidated damages, which You acknowledge represents a genuine pre-estimate of the loss We will suffer as a result of Your early termination. The Early Termination Fee and any other outstanding Charges will become immediately due and payable by You upon receipt by Us of Your notice of termination.

10.5 Where you sign up to a Bundle if at anytime You should cancel the CPS Service and you will be charged the Recommended Retail Price per month for the Broadband Service.

10. 6 On termination of this Contract You will arrange the transfer of Your calls back to the Access Provider with effect from the date on which the notice in clause 10.3 expires. If You do not do this Your access to communications services may be suspended.

10. 7 You will not arrange the transfer of Your calls back to the Access Provider or any alternate operator before You have served Us with written notice of termination. If You do not notify Us, Your access to communications services may be suspended.

10. 8 Termination of this Contract in accordance with this clause 10 will not prejudice or affect any right of action or remedy accrued to either party and all provisions which are intended to survive termination, either expressly or by implication, shall remain in full force and effect and continue to apply following termination including, without limitation, clauses 7, 8, 9, 10.2, 10.6, 10.7, 11, 12 and 13.

11 SUSPENSION

11.1 We may temporarily suspend all or part of the Services for operational, emergency, security, repairs and maintenance and/or improvement purposes as required. We will endeavour to give You notice of any such suspension.

11.2 We may suspend provision of the Services immediately if:

11.2.1 You do not pay Us any sums when due;

11.2.2 We believe that You are in breach of this Contract,

11.2.3 We believe that You have broken Our AUP and/or FUP;

11.2.4 We have reasonable grounds to suspect that the Services are being used fraudulently; and/or

11.2.5 Your Direct Debit instruction is cancelled or any payment being made by Direct Debit fails.

11.3 While the Services are suspended You will still have to pay all Charges due and any other reasonable costs and expenses which We may incur as a result of such suspension and any subsequent reconnection of the Services.

11.4 Where the Services have been suspended or terminated, any telephone number used by You will be automatically returned to BT and We cannot guarantee that that telephone number will be available for Your use in the future if the Services are reconnected.

12 LIMITATION OF LIABILITY

12.1 We accept liability for damage to Your property, if the cause is Our fault, up to £1000. We accept liability for any other direct loss or damage, if the cause is Our fault or is caused by Our failure to comply with this Contract, up to £2000.

12.2 Nothing in this Contract shall exclude or limit Our liability for death or personal injury due to Our negligence or any liability which is due to Our fraud or any other liability which We are not permitted to exclude or limit as a matter of law. Nothing in this Contract shall affect Your statutory rights as a consumer.

12.3 We shall have no liability to You in respect of any act, default or delay by the Access Provider in carrying out their obligations necessary to enable Us to provide the Service, however, We will pass on to You a proportion of any refund or credit We receive from the Access Provider.

12.4 We shall have no liability for any indirect or consequential losses, pure economic loss or loss of income, special damages or loss of opportunity or contracts.

12.5 Each of the limitations and/or exclusions in the Contract shall be deemed to be repeated and apply as a separate provision for each of:

12.5.1 liability for breach of contract;

12.5.2 liability in tort (including negligence);

12.5.3 liability for breach of statutory duty; and

12.5.4 liability for breach of Common Law except clause 12.1 above which shall apply once only in respect of all the said types of liability.

12.6 We shall not be liable for any charges You incur if You route Your calls to the Access Provider or another communications operator during any period when the Services are not available. You are under a duty to keep any loss, damage, costs and/or expenses that You may suffer to a minimum.

12.7 We do not accept liability for the acts or omissions of network operators or other providers of telecommunication services.

13 GENERAL

13.1 We will not be liable to You for any non-performance of Our obligations under this Contract due to acts of God, war or national emergency, riots, civil commotion, fire, explosion, flood, epidemic, strikes, lock-outs (whether including Our workforce or the workforce of any other party) and other industrial disputes, acts of government, highway authorities, communications operators or other competent authorities, Government emergencies or inability in obtaining supplies or services from the Access Provider and/or other third parties or due to any cause beyond Our reasonable control.

13.2 We may change these conditions at any time for legal, regulatory or commercial reasons. We will notify you of all such changes in writing and/or by publishing them on our website. To the extent that the changes are to your material detriment or relate to an increase in the charges, we will give you at least 30 days notice of such changes by writing to you and/or publishing them on our website. You may terminate this Contract, where the Charges have been increased provided Your written notice of termination is received by Us before the increase becomes effective.

13.3 We may transfer any of Our rights under this Contract to any third party on notice to You.

13.4 No waiver by Us of any breach of this Contract or any rights and/or failure to pay Charges payable under this Contract shall be considered as a waiver of any subsequent or future, breach of the same provision or any other provision, rights and/or non-payment of Charges payable under this Contract.

13.5 If any provision of this Contract is found by any competent authority to be illegal, invalid or unenforceable in whole or in part then that provision shall, to the extent required, be deemed not form part of this Contract and the validity of the remainder of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

13.6 Any notices given under this Contract must be in writing (unless otherwise expressly specified) and must be left at or delivered by pre-paid mail to the address shown on the most recent Bill or at Our registered office as appropriate.

13.7 The information You provide to Us will be used by Us to supply the Services and will not be used or disclosed otherwise than in accordance with Our Privacy Policy. Please note that We may record and/or monitor telephone calls made to or by Us for training and customer service purposes.

13.8 All third party rights are excluded and no third party shall have any right to enforce this Contract. This shall not apply to members of Our group from time to time who shall, subject to Our consent, have the right to enforce this Contract as if they were Us. Any right of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties to this Contract without the consent of such third party.

13.9 This Contract is governed by English law and any disputes will be settled in the courts of the United Kingdom.

14. WEBSITE ACCEPTANCE TERMS AND CONDITIONS

By clicking on "I Agree", You are entering into a Contract on these Terms and Conditions with Pipex Limited for the supply of telecommunications Services which are the subject of Your Contract. You are also providing Your consent to Pipex Limited for the processing of Your personal information for the purposes of completing Your Order and You acknowledge that Your attention has been drawn to the cancellation clauses. Please call Pipex Customer Services on 0871 222 5550 if You need any help in relation to any of the Pipex Services. To receive any CPS or Broadband Services a none cable line will be required, and Your eligibility will be subject to compatibility, availability and line check, and You may be required to take out a Contract with a Minimum Term which could be up to 18 months long depending on the promotional terms. Payments are to be made by direct debit. Terms and Conditions apply – see www.pipex.co.uk.

(Version: 19th Oct 07)

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