M & D TeamCall IP Terms and Conditions
General and introduction
M & D Team Solutions Ltd strive at all times to explain our terms and conditions in plain English. If there are any points in this agreement that you don’t understand then please contact us and we will be happy to explain. Reference to ‘these terms and conditions’ or ‘this agreement’ or ‘this contract’ refer to these end user terms and conditions. Reference to ‘you’ is a reference to you our end user customer.
All services and products supplied by us are supplied upon the terms of this agreement. These terms may be changed or varied from time to time and these changes will be notified to you on our web site.
You must also read and abide by the M & D Team Solutions Ltd acceptable use policy (‘AUP’), and our fair use policy ('FUP') these can be found at www.mdts.co.uk in the support section of our website under legal. This gives you information regarding the limitations of the service we provide to you and what we expect from you in terms of how you use the service.
What do we provide
1. We provide you with a high speed broadband service which connects you to the internet as described on our website at www.mdts.co.uk.
2. The service is for home and business use. Business customers may require improved quality of service and or service level guarantees, we suggest therefore that business users buy business grade products. These products generally cost more as they often have improved levels of support, have minimum service level agreements and offer you service credits for time spent offline due to faults with the service.
3. In the case of SDSL services we also provide a dedicated telephone line for this service.
Where do we install this service?
4. The service is installed at the address you provide at the time of order.
When does your contract with us start?
5. The contract with M & D Team Solutions Ltd starts when you order the service by clicking on the ‘accept terms and conditions’ button at the time of order. Or when you order the service from one of our representatives.
What do you need
6. You will need the following items to connect to your broadband service.
A suitable M & D or BT analogue telephone line
Additional products required
A computer of a certain specification (see www.mdts.co.uk for minimum requirements)
A microfilter connected to your telephone wall socket
Additional microfilters for other telephone equipment connected to your telephone line such as Faxes and answerphones
A modem or router connected to your telephone line via your microfilters and also connected to a computer
If you have more than one computer you may require network equipment to connect them together
M & D Team Solutions Ltd can provide all of the additional products see www.mdts.co.uk or call support for details
7. If you use your own equipment and attach it to this broadband service, whether directly or indirectly attached, you must ensure it is technically compatible with the service and that it doesn’t breach any standards or telecommunications standards. M & D Team Solutions Ltd will not provide support for equipment not provided by M & D Team Solutions Ltd.
Loss of telephone line during install
8. During the connection process you may experience a temporary loss of your telephone line services.
How long does my contract with M & D Team Solutions
Ltd last
9. The contract lasts for a minimum of 12 months unless a different minimum period is specified on our website under the relevant product or service description. The minimum period will be referred to in this contract as the ‘initial term’.
10. After the expiry of the ‘initial term’ this contract will continue on a month by month basis subject to each party’s right to terminate the agreement on serving not less than one months notice of termination on the other party .
11. We may have to perform a credit check on you and if the results of this credit check are not satisfactory this may result in the termination of this contract by us.
If you cancel the contract how much do you pay
12. If you cancel prior to the end of the initial term you will have to pay for the service up to the end of the initial term in one lump sum immediately on termination.
13. If you want to end the contract after the end of the ‘initial term’ then you must give us one months notice and you will be liable to pay for a whole month in the event that you fail to provide a full months notice.
Other reasons for cancelling this contract
14. If you move house or office, you may have to pay M & D Team Solutions Ltd for the remaining term of your contract with us as your M & D Team Solutions Ltd Broadband connection relates to a specific telephone line and number, it is not transferable. If you require further information, contact M & D Team Solutions Ltd support staff to discuss this.
15. You have the right to cancel this contract 24 hours after your order (this is in effect a ‘cooling off’ period).
16. If you fail to pay your telephone bill you may be disconnected from the telephone network, at this point your M & D Team Solutions Ltd service will be suspended but this agreement shall continue until terminated in accordance with its terms and you will be liable to the fee in the normal way.
Quality of service
17. We cannot provide a guarantee of a fault free service. In the unlikely event that your service fails, it is your responsibility to contact us to inform us, we will then make every effort to resume the service as soon as possible.
18. Broadband relies on your local telephone exchange having the equipment to connect you to this service. We will do our best to provide the type and speed of service you order but cannot guarantee that we can in every instance. It can be the case that even though your exchange has the ability to provide a broadband connection, you may not be able to receive the service or you may only be able to receive a reduced speed/quality of service. This can be due to many reasons, including distance from you premises to the exchange and also the quality of telephone line to your premises. If this occurs, we will inform you of the type of service we can provide, if any. This may delay the install process.
19. Please check that you do not have incompatible products already running on your telephone line before ordering broadband, a full list of products that may be incompatible with broadband can be found on our website at www.mdts.co.uk.
20. We will make every effort to supply your
service within the time explained to you at the time of order or emailed to you
during the install process. We cannot however guarantee the install date as we
and all other broadband suppliers in the
21. We may suspend your service at time of scheduled and or un-scheduled maintenance to improve or enhance the service or to make repairs to our network. At such times we will strive to inform you prior to any downtime by email to the email address given to us at the time of your order. If you change your email address please contact our support staff to enable us to keep you informed of any downtime or changes to your service.
22. We may have to alter codes, passwords, usernames, access numbers, technical specifications and or limits on data transfer associated with this service from time to time.
Self Install or site visit
23. In most cases, the service we provide is a ‘self install’ service. Sometimes we have to visit your premises to check that we can provide you with the service. There may be a charge for this service, we will inform you in advance if a site visit is required.
24. You should be aware that in the event of a site visit to install your service any incorrectly wired extensions to your telephone master socket forming part of the BT telephone network at you premises will be left disconnected as they may/will affect your broadband connection. The customer agrees that any repairs to these extensions will be the sole responsibility of you the customer and that you will not seek compensation for any repairs to those extensions.
25. If we visit you or we employ a third party’s agent to visit your premises, you will at all reasonable times, provide those third party’s employees or M & D Team Solutions Ltd employees or anyone acting on our behalf who provides a valid identity card, access to your location or premises. This will most likely occur within working hours but can be at other times.
26. You agree to provide a safe and suitable working environment for all third parties employees and or our employees who require to visit your site or premises. You will also provide such facilities as would reasonably expected for our employees or the employees of any third party who may visit your premises to carry out the installation of the service.
Using the internet, Security and your connection
27. You accept that use of the internet is at your own risk and subject to any applicable laws. You specifically accept responsibility for any content you or people connected with you who may have access to the service, view on the internet or are sent over the broadband service. You will not hold M & D Team Solutions Ltd responsible for any claim, order, prosecution or loss of any kind relating to your use of the internet and any content you or people connected to you view over your M & D Team Solutions Ltd connection or broadband connection.
28. You the End User acknowledges that the Reseller or its suppliers is unable to exercise control over the content of the information passing over the supplier connection and/or the supplier network and/or the Service, and the Reseller and its suppliers hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
29. The supplied network and/or Service may only be used for lawful purposes by the End User and the End User agrees to be bound by the M & D Team Solutions Ltd Acceptable Use Policy in relation to the use of its service. The Acceptable Use Policy is published on the M & D Team Solutions Ltd web site at www.mdts.co.uk and may be downloaded from there. The Reseller and Customer are responsible for ensuring they have read and understood its contents.
30. You also agree that any equipment connected to your broadband connection is secure from attack by virus or other malicious attack from the internet. M & D Team Solutions Ltd provide information and links to providers of firewall and anti virus software but M & D Team Solutions Ltd do not support or imply that these products are secure or guarantee that they will work or protect you from loss of data, information, corruption of data, financial loss and or malicious attack.
31. In particular, Pay as You Go customers should be aware that virus, mail bombs, DDOS attack and other malicious activity not listed here can increase and or adversely affect the amount of money you will have to pay every month for your broadband connection. This is due to the fact that we charge you for the amount of data transferred over your connection and or your time online, therefore it is imperative that you install anti-virus, anti-spam and firewall software on any computer you or anyone connected to you on your network, details and links to security software can be found at www.mdts.co.uk.
32. It is your responsibility to make sure that any equipment attached to your broadband connection is secure from attack by other internet users.
33. You agree to indemnify and you will not hold M & D Team Solutions Ltd or any suppliers or agents of M & D Team Solutions Ltd responsible and we have no obligation to compensate you for loss of information, data, money or any financial loss, data corruption or for any loss howsoever caused including but not limited to infringement of any intellectual property right of any kind, legislation or regulation, with regard to this service even where the service was supplied to you by a third party or reseller. The End User shall pay all reasonable costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against the Reseller and/or its suppliers arising from such claims, and shall provide the Reseller and/or its suppliers with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the End User's sole expense. Such actions will be taken in consultation with the End User.
34. You are entirely responsible for evaluating any goods or services you obtain or are offered over the internet. M & D Team Solutions Ltd cannot be held responsible for any transaction you make over the internet and will not get involved in discussions regarding any contract entered into by you or services and or products purchased by you over your broadband connection (including by email).
35. You will not hold M & D Team Solutions Ltd responsible for any loss incurred by you whilst using your credit card or other monetary transaction you make over the internet (including by email).
36. You agree to keep all usernames and passwords confidential and to ensure they are only used by person’s authorised by you.
37. You accept and acknowledge that the internet is not secure and M & D Team Solutions Ltd does not guarantee that we can prevent or detect any unauthorised use of the broadband connection or service.
Paying for the service
38. You agree to pay us the charges detailed in our price list for the service, this can be found at www.mdts.co.uk.
39. You must pay for the service whether or not you or any another person who may have access to the service, uses the service or not except in the case of our Pay As You Go products where you will be asked to pay by the amount of data you use.
40. You must pay a deposit for the service equal to one month’s connection fee, you must also pay a set-up fee and for any equipment we send you except in the case of our pay as you go products where you will be asked to pay for an install fee and any hardware you purchase from us.
41. You will then be asked to pay monthly in advance for the service except in the case of our pay as you go products where you will be billed monthly after your total usage for the preceding month has been calculated.
42. If you hire equipment with this service, you must send it back to us if you or we cancel the service for whatever reason. In certain circumstance you may be able to purchase the rented equipment for a fee. The fee will be calculated taking into consideration the amount of time you have rented the equipment.
43. Equipment rented to you must be returned in good condition.
44. Pay as you go customers should refer to www.mdts.co.uk for billing details, these may change from time to time and you will be informed by email of any relevant changes, you must therefore inform us of any changes to your details and or email address.
45. You will be required to pay for any initial costs such as install, equipment and any deposits by credit card at time of order except where you have purchased a Pay As You Go product when you will pay in advance for the setup fee, and any hardware you have purchased.
46. If you have purchased a flat rate product, you will be sent an invoice shortly after install for your first month’s fees/charges, you must pay these fees or charges within 30 days by direct debit unless otherwise agreed in writing with M & D Team Solutions Ltd. If you fail to pay or funds are not available at the time the direct debit is taken we will send you a letter asking for a payment by credit card for the outstanding fees. This should be paid immediately. Pay As You Go customers will be billed after your total usage for the preceding month has been calculated.
47. You will be invoiced by email every month for this service until this agreement is terminated by you or M & D Team Solutions Ltd in accordance with its terms. We may send you a bill at any time but will normally send bills out at the beginning/end of each month or on the anniversary of the go-live date or in the case of Pay As you Go products which will be billed for after your total usage for the preceding month has been calculated.
48. If you fail to pay for this service 21 days after the original due date of any bill sent to you, you will be required to pay three months in advance for this service as a condition of us continuing to provide the service. If you fail to pay the three month sum when requested we will suspend the service but this agreement will not terminate and you will be responsible for payments for the remainder of the term until this agreement is terminated in accordance with its terms. Where you have purchased a Pay As You Go service and fail to pay for the service in a timely manner, we may ask you for a flat rate fee to cover you for the three months following the breach of this contract which will be less than the maximum capped rate as per our pricelist for this service.
49. If payment remains outstanding 30 days after the original due date of any bill sent to you, we will terminate your service. At this point this agreement will be terminated and you will become immediately liable to pay by way of a debt due and owing an amount equal to the sum that would otherwise have been payable by you during the remainder of the contract assuming it had continued until the first date that it could have been lawfully terminated. Your account will be passed over to a collection agency that will pursue you for payment of the debt. You will be asked to pay costs for any collection service and any interest due on the outstanding balance.
50. If you fail to pay for the service by the due date we reserve the right to suspend or in certain circumstances, such as habitual late payment, terminate the service without notice.
51. Any equipment sent to you remains the property of M & D Team Solutions Ltd until paid for in full, including any interest or penalty applied for late payment.
52. You must refer to our AUP (acceptable use policy) and our FUP (fair use policy) which can be found at www.mdts.co.uk. The AUP and FUP give you information regarding how you can use the service.
53. If you misuse this service and we have reason to believe that you have done some thing that is unacceptable to us we will terminate your service without notice, you will not be able to claim against us for loss of this service. At the time of cancellation of the service you must return all equipment rented to you. and you will become immediately liable to pay by way of a debt due and owing an amount equal to the sum that would otherwise have been payable by you during the remainder of the contract assuming it had continued until the first date that it could have been lawfully terminated. Your account will be passed over to a collection agency who will pursue you for payment of the debt. You will be asked to pay costs for any collection service and any interest due on the outstanding balance.
54. You agree under this contract that this agreement is personal to you and you cannot transfer it to anyone else or attempt to transfer it.
55. This service is provided to you on condition that you are an end user, you cannot re-sell the broadband service or any part of the service M & D Team Solutions Ltd provide to you, or make any charge for the use of the service, to any other person or company.
Transferring your broadband to or away from M & D
Team Solutions Ltd
56. If on entering this agreement you transfer a broadband service from another service provider to M & D Team Solutions Ltd you will be responsible for any charges imposed by the other provider including any cancellation charges or fees which continue to be due to that other provider for the remainder of any contract you have with that other provider.
57. In most circumstances you can transfer your service to another provider (subject to the terms of this agreement regarding termination and the initial term), this may not be seamless and could in certain circumstances require that your current service ceases prior to your new service going live. This would result in a loss of connectivity for an unspecified period. You may be charged for transferring your broadband service to another service provider by M & D Team Solutions Ltd and also by the other provider. The cost of transfer depends on the type of service. Details of transfers to and from M & D Team Solutions Ltd are available online at www.mdts.co.uk.
Personal Data
58. By registering for this service you consent to M & D Team Solutions Ltd using and or disclosing your personal information to those third parties appointed by M & D Team Solutions Ltd from time to time to provide support, customer care and or sales on behalf of M & D Team Solutions Ltd for any purpose legitimately connected to the provision of the services. This includes using or disclosing your information to licensed credit agencies and banks for the purposes of setting up a credit check or direct debit. This also includes using and or disclosing your personal information to third parties for the purpose of setting up broadband services and installing equipment.
Software
59. If we provide software to you in relation to this or any M & D Team Solutions Ltd service, you will not hold M & D Team Solutions Ltd responsible and we have no obligation to compensate you for loss of information, data, money or any financial loss, data corruption or for any loss howsoever caused when using the software.
60. Any software delivered will be subject to third party copyright and must only be used by you for the purpose of this agreement and operating any service or product provided to you by us. You must not copy, license or distribute this software, or make any charge to any third party whatsoever for use of the software or otherwise connected with the software.
Insurance
61. The End User shall be responsible for insuring any (if any) Reseller and/or supplier Equipment on the End User site against loss or damage from all risks, such insurance to be for an amount equal to the full replacement value of the Equipment.
62. The End User shall be responsible for insuring themselves against all loss or damage to data. In no event will M & D Team Solutions Ltd or its suppliers be liable for loss or damage to the data stored/transmitted on/using the Service
Changes to This Agreement
63. If we change our prices and or our terms and conditions (this contract) we will publish the changes on our website and inform all customers by email as soon as possible before any changes are made.
Matters out with our control – Force Majeur
64. It may be the case that we cannot do what we have agreed to do because of matters beyond our reasonable control. This for instance could be because of a flood, bad weather, or what is often referred to as an act of god, in such cases we cannot be held responsible for what has happened and anything resulting directly or indirectly from this occurrence.
Permission to use this service
65. If we believe you have given another person permission associated with you and the service, we may take instructions from that person with regard to this contract.
Limitation of liability
66. In relation to any breach of this agreement or any other liability we may have to you, whether in negligence or otherwise, the total amount of our financial liability will be limited to an amount equal to the amount you would have paid to us during the initial term assuming this agreement had operated normally in accordance with its terms.
67. We will not pay you more than the value of the service over the ‘initial term’, in compensation, even if we have been negligent. To avoid confusion, the maximum amount of compensation will be equal to and no more than the amount we would charge you for the service for a period up to the end of the ‘initial term’.
Communications and Notices
68. Communications between parties relating to this contract (save in the case of queries or other requests for information) shall be in writing and may be sent by post or email to the last known address of the receiving party.
Law and Jurisdiction
69. This agreement is subject to the laws of England and by accepting these terms you agree to abide by those laws.