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HIRE AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974
HIRE AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974
Between us, OHCS I - Serviηos de internet LDA, whose registered office is located at Rua de Sγo
Francisco No 3, 2 Andar; 9000-050 Funchal; Madeira; Portugal ("we", "us" or "Orange Broadband") and
you, the Hirer named below. :
. .
Postal Address:
..
Hirers Orange Webmail Address:
..
1. KEY FINANCIAL INFORMATION
1.1 Description of goods - Livebox
An Orange Livebox, a broadband router that enables you: (a) to connect your computer and other
Internet-enabled devices to Home Broadband provided to you by another Orange Company under a
separate contract, through either (i) a wireless interface (using a wireless adapter or other wireless
enabled device) or (ii) a wired interface; and (b) to access the Second Line Service provided to you by
another Orange Company, with all filters, cables, and other ancillary equipment that are supplied to you
under this hire agreement (together the "Livebox").
1.2 Hire payments
Monthly rental of £2.08 (see paragraph 7.2) payable throughout the period of this hire agreement on the
same day in each successive month commencing on the day we confirm to you that Home Broadband
has been activated (the "Start Date") (see paragraph 10.3). If this hire agreement is terminated before
the expiry of the Minimum Period (see paragraph 1.3), other than under paragraphs 9.2.1 or 9.2.2, you
are still required to pay all the hire payments that would otherwise have been payable up to and
including the date of expiry of the Minimum Period.
1.3 Duration
The minimum period of hire is 18 months beginning on the Start Date (the "Minimum Period").
2. KEY INFORMATION
2.1 Charges
We reserve the right to charge the following:
2.1.1 if you fail to take delivery of the Livebox (or fail to give us correct delivery instructions), reasonable
storage charges, insurance costs and handling charges for the Livebox until actual delivery to you;
2.1.2 if you fail to return the Livebox and all parts of it:
(a) within 30 days of termination of this hire agreement; or
(b) within 14 days in the event of a fault and we supply you with a replacement Livebox as set out in
paragraph 5.2
the full replacement cost for the Livebox unless you can provide us with actual proof of postage;
2.1.3 reasonable delivery charges referred to in paragraph 4.7 below or if we are required to collect the
Livebox in accordance with paragraph 6.2; or
2.1.4 a reasonable administration fee each month for payments not made by direct debit.
2.2 Cancellation rights
This hire agreement is not cancellable.
3. MISSING PAYMENTS
Missing payments could have severe consequences and may make obtaining credit more difficult.
IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your
protection which should have been complied with when this agreement was made. If they were not, we
cannot enforce this agreement against you without getting a court order.
If you would like to know more about your rights under the Act, contact either your local Trading
Standards Department of your nearest Citizens' Advice Bureau.
This is a Hire Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be
legally bound by its terms.
Signature(s) of Hirer(s)
Date of Signature(s)
.
Under this Hire Agreement the goods do not become your property and you must not sell them.
Signature of owner
OHCS I - Serviηos de internet LDA
Date of Agreement
.
HIRE - ADDITIONAL TERMS
We agree to hire and you agree to take on hire an Orange Livebox on the terms and conditions set out
in this hire agreement.
4. ORANGE LIVEBOX
4.1 In the event that any part of the Livebox supplied is faulty we would like you to follow the returns
process set out in paragraph 5 - Faulty Livebox. Your statutory rights are not affected.
4.2 We shall deliver the Livebox to your home address as set out above. We shall use our reasonable
endeavours to deliver the Livebox to your home address by the delivery date communicated to you. You
should be aware that this delivery date is an estimate only and is not guaranteed or of the essence of
this hire agreement.
4.3 You must inspect the Livebox immediately upon receipt and inform us of any damage or items
missing from the delivery by telephoning Customer Support on 0844 873 8586 within five days of
delivery. We reserve the right to supply you with a Livebox that may have been refurbished provided
that such refurbished Livebox shall be of equivalent quality and functionality as a new Livebox.
4.4 The Livebox is configured to work only with Home Broadband and the Second Line Service provided
to you by another Orange Company under a separate contract. You may not use it to obtain broadband
services provided by other Internet service providers. You are only authorised to use the Livebox in the
United Kingdom, you may not export the Livebox for use in another country.
4.5 Use of the Livebox may be impaired when you upload or download data using your Home
Broadband at the same time as trying to make a telephone call. In addition, we do not provide any
warranty as to the level of performance of the Livebox which may be affected by conditions outside of
our control, including, without limitation, the location of the Livebox installed in your home, the layout of
your home, the materials used in the construction of your home, the distances between the Livebox and
any wireless device that you use with the Livebox and any interference with radio signals that may arise
in your home. Your statutory rights are unaffected. This includes your right to receive a Livebox which is
of satisfactory quality and which corresponds to the description above in paragraph 1.1.
4.6 In order to maintain the most up-to-date release of the firmware in the Livebox for the continued
operation of the Second Line Service we may automatically upgrade the software in the Livebox through
a download via the Internet or via CD-ROM release. You will need to permit access to the Livebox for
such downloads or run the CD-ROM on your computer to keep your Livebox up-to-date.
4.7 We may charge you any reasonable costs incurred by us in relation to carriage, postage and
packing and any other applicable duties taxes and charges arising from or connected with the delivery of
the Livebox.
5. FAULTY LIVEBOX
5.1 If you have a fault with the Livebox please call Customer Support on 0844 873 8586. We shall not
be liable to you for any fault that is caused by you, including, but not limited to, your failure to use the
Livebox in accordance with the operating instructions supplied with it or your failure to comply with any
instructions given to you by our Customer Support personnel.
5.2 In the event that the Livebox is faulty, we shall replace or repair such defective Livebox at our option
provided that such fault is not caused by your failure to keep the Livebox safe. We reserve the right to
replace the Livebox with a refurbished Livebox (or an alternative device) provided that such refurbished
Livebox or alternative device shall be of equivalent quality and functionality as a new Livebox .
5.3 In the event that we provide you with a replacement Livebox as a result of a fault, you must return
the faulty Livebox to us (or our appointed agent) in the prepaid return envelope provided within 14 days
of receipt of the replacement Livebox.
6. RESPONSIBILITY FOR THE LIVEBOX
6.1 The Livebox remains our property. From the moment it is delivered to you, you shall be responsible
to us for any damage to or loss of the Livebox not attributable to us.
6.2 If you do return the Livebox, you shall return it to us using the pre-paid envelope that we provide to
you. If we are required to collect the Livebox, we shall be entitled to our reasonable charges for so
doing.
7. PAYMENT
7.1 The hire payments shall commence on the Start Date.
7.2 For your convenience, payment of the rentals under this hire agreement should be made together
with all other payments due to Orange Companies in connection with the Related Services, as a single
payment. The rental is part of the advertised monthly price and is not in addition to such price.
7.3 All rentals are inclusive of VAT at the applicable rate.
7.4 In the event that you do not pay us the rentals as they fall due, we reserve the right to terminate the
hire of the Livebox and take such necessary action to recover sums due to us (plus any reasonable cost
of collecting such sums) and, if applicable, all the rentals that would otherwise have been payable up to
and including the date of expiry of the Minimum Period.
8. LIABILITY
8.1 We do not limit our liability if you die or are injured as a result of our negligence or if you suffer loss
as a consequence of any fraud by us.
8.2 You must not use the Livebox for the purpose of your business. As the Livebox is not intended for
business purposes, we shall not be liable to you or any business connected to you, whether in contract,
tort (including negligence) or otherwise, for any loss or damage which is related to your business,
including, without limitation, loss of business, revenues or profits, loss of anticipated savings or business
interruption,
8.3 Subject to paragraphs 8.1, we shall not be liable to you for any loss or damage arising out of any
loss of data or for any other loss or damage which is not reasonably foreseeable by us.
8.4 We accept responsibility for any loss or damage to your physical property which may be caused by,
and to the extent of, our breach or negligence up to an aggregate of £100,000. Any payments made by
us or any of the Orange Companies to you in relation to such loss or damage, whether such payment is
purported to be made under this hire agreement or in relation to any Related Services (whether as part
of your Home Package or otherwise), shall be counted towards the aggregate limit of £100,000 stated
above.
8.5 Subject to paragraphs 8.1, 8.3 and 8.4, any liability the Orange Companies may have to you arising
in relation to the use of the Livebox or any Related Services (whether as part of you Home Package to
otherwise) is limited to an aggregate of £5,000. Any payments made by us or any of the Orange
Companies to you in relation to such liability, whether such payment is purported to be made under this
hire agreement or in relation to any Related Services (whether as part of your Home Package or
otherwise), shall be counted towards the aggregate limit of £5,000 stated above.
8.6 We are not liable for any failure to perform our obligations if we are prevented from doing so by an
event beyond our reasonable control, including without limitation, strikes, labour disputes, fire, acts of
God, war, terrorist action, riot, civil action, malicious acts or damage, compliance with any law,
governmental or regulatory order, rule, regulation or direction, any act or omission of any government or
other competent authority, accident, equipment or services failure (including without limitation the
unavailability of third party telecommunications and networks services, lines or other equipment).
9. TERMINATION
9.1 You may cancel this hire agreement at any time during the seven working days after the Start Date.
This does not affect any statutory rights that you have as a consumer to end this hire agreement at a
later date.
9.2 This hire agreement may be terminated by:
9.2.1 us on giving you 30 days' notice; or
9.2.2 you on giving us 7 days' notice in accordance with paragraph 10.6 if we inform you of an increase
in the Charges or if we change the hire agreement to your detriment; or
9.2.3 you giving us 30 days notice in accordance with paragraph 10.6 and subject to paragraph 1.2.
9.3 We may also terminate this hire agreement immediately and without notice if:
9.3.1 you are in material breach of this hire agreement; or
9.3.2 bankruptcy or insolvency proceedings are brought against you, or if you are unable to pay your
debts as they become due or fail to make payments as they fall due.
9.4 Termination in accordance with this paragraph 9 shall not prejudice or affect any right of action or
remedy which shall have accrued to you or us and all provisions which are expressed to survive this hire
agreement or impliedly do so shall remain in full force and effect.
10. OTHER THINGS YOU NEED TO KNOW
10.1 We may alter or amend at any time the terms of this hire agreement upon giving you one months
notice in advance of any such amendment taking effect. If the proposed amendment is to your detriment
and you do not wish to continue with this hire agreement you may terminate this hire agreement by
giving us notice in accordance with paragraph 9.2.2.
10.2 Provided that to do so does not affect your right to terminate under this hire agreement or your
other rights, we may transfer this hire agreement to any other Orange Company without your consent.
10.3 Any notices given to you under this hire agreement may be sent by email, post or delivered by
hand to you at: the above e-mail address or any other email address given to us in your Registration
Details; the postal address you have given us; or to any other address you provide to us subsequently.
We shall notify you that Home Broadband has been activated by e-mail, addressed to your Orange
Webmail address above and to any other e-mail address you have notified to us in your Registration
Details. (You can access your Orange Webmail e-mail address by visiting http://www.orange.co.uk from
any computer attached to the Internet and inserting your Home Broadband username and password.)
10.4 In the case of notices sent by email, such notices shall be deemed to be received by you when
capable of being accessed by you, including access via our Webmail Interface. In the case of notices
sent by post, such notices shall be deemed to be received on the second business day after posting.
10.5 Any notices or communications to us (other than a notice of termination by you which is described
in paragraph 10.6) may be given by telephone by calling Customer Support on 0844 873 8586 or by
post addressed to Customer Action Team, Orange Broadband Customer Care, PO Box 486,
Rotherham, S63 5ZX.
10.6 Any notice of termination by you must be made by calling Customer Support on 0844 873 8586.
You may be required to prove your identity to our reasonable satisfaction before we accept notice of
termination as being valid.
10.7 The illegality, invalidity or unenforceability of any provision in this hire agreement shall not affect
the continuation in force of the remainder of the hire agreement.
11. DEFINITIONS
In this hire agreement the following terms shall have the meanings allocated to them:
"Customer Support" means our customer support facilities on 0844 873 8586;
"Home Broadband" the service providing internet connectivity to your home supplied by one of the
Orange Companies;
Home Package means the package to which you subscribe, under which you receive Home
Broadband and one or more Related Services from Orange Companies;
"Livebox" has the meaning set out in paragraph 1.1;
"Minimum Period" has the meaning set out in paragraph 1.3;
"Orange Companies" means Orange Broadband or any other member of the Orange group of
companies from time to time that may provide Home Broadband or any Related Services;
Registration Details means the personal information you provide on registration for your Home
Package and which may be subsequently amended by you;
Related Services means other services supplied by other Orange Companies which either (i) must be
accessed via Home Broadband or (ii) are included within a product bundle that includes Home
Broadband;
"Second Line Service" a service to permit you to make and receive telephone calls over Home
Broadband;
"Start Date" has the meaning set out in paragraph 1.2;
"Webmail" provides web access to your email to enable you to send and receive emails from any
computer attached to the Internet.
Version 2.1
March 2008
