terms of use for Orange Broadband & additional services
[Please note, these products were available from 26 October 2006 to 15 October 2007]
terms of use for broadband starter and broadband unlimited
The services that we provide consist of (a) an internet access service using broadband technology; and (b) Internet-based services, for example email facilities including POP email and webmail interface, personal web space, access to the World Wide Web and other services and applications (together such services are known as the "Broadband Starter").
You will need to remain Eligible to receive Broadband Starter for free. If you cease to be Eligible at any time, we may either terminate Broadband Starter or start charging for that service and the equipment provided. See the offer terms here.
We can offer you an enhanced service known as "Broadband Unlimited" as an alternative to Broadband Starter. Broadband Unlimited allows you to benefit from an increased download limit, obtain faster access (where technically practical) and to make and receive telephone calls over the Internet (this last element is called the "Talk Service"). In order to access and use Broadband Unlimited Orange will provide you with a Livebox.
Broadband Starter will be provided to you by Orange Personal Communications Services Limited, a company registered in England and Wales (company number 2178917); whose registered office is located at St James Court, Great Park Road, Almondsbury Park, Bradley Park, Bradley Stoke, Bristol CS32 4QJ ("Orange").
Broadband Unlimited will be provided to you either by Orange Home or Orange Broadband, depending on which of these companies can offer you the most efficient network service at the time: please see paragraph 3 below for details of how this will work. Another Orange group company, Orange Payment Services, will provide payment handling services to you if you use Broadband Unlimited. Any costs for the payment handling service are included in the charges and are not in addition to them.
1. start-up
1.1 Registering with Broadband gives you the ability, subject to paragraph 7.4, using a computer and the Modem (or a Livebox if you subscribe to Broadband Unlimited), to access the Internet at the Transmission Speed on an "always-on" basis.
1.2 Before we can be sure that we can provide you with Broadband and before the Agreements commence we must:
1.2.1 check that you are in an area where you can receive Broadband;
1.2.2 obtain a satisfactory credit reference;
1.2.3 perform a satisfactory telephone line test; and
1.2.4 successfully activate Broadband.
1.3 If we are able to provide Broadband to your Home the Agreements will commence on the Start Date (as defined in paragraph 20). We reserve the right to introduce a connection fee payable by customers that sign-up after the introduction of that fee. If we are not able to provide you with Broadband because, in our opinion, the conditions in paragraph 1.2 are not satisfied then:
1.3.1 we will notify you as soon as possible; and
1.3.2 you will return the Equipment or the Livebox if you subscribe to Broadband Unlimited to Orange within 30 days, failing which Orange reserves the right to charge you for the Equipment or the Livebox you have not returned unless actual proof of postage can be provided to Orange's reasonable satisfaction.
1.3.3 When Broadband Starter is activated you must ensure that the Modem (or the Livebox if you subscribe to Broadband Unlimited) or other modem/router that you provide (of appropriate specification) is connected to your computer and to your telephone line to use the broadband connection. Failure to do so will mean that you are unable to access the Internet.
1.4 Before you install the software supplied with the Equipment or the Livebox and before you connect the Equipment or the Livebox to your computer, you should back up or save any data on your computer. Activation of Broadband may result in a temporary loss of service over your analogue BT line.
2. broadband starter
2.1 Orange will provide you with Broadband using reasonable skill and care and in accordance with the provisions of the Broadband Agreement.
2.2 In order to receive Broadband Starter for free you must continue to be Eligible. If you cease to be Eligible at any time and for any reason, we may either terminate Broadband Starter or start charging for the equivalent service at the price set out in the Price List. You agree to receive Broadband Starter for the Minimum Period.
2.3 You are allowed to use Broadband Starter to access the Internet and download and/or upload data up to your monthly Usage Allowance. Use of Broadband Starter above the Usage Allowance may adversely affect Orange's network and Broadband Starter to other customers. Orange seeks to ensure fair usage of Broadband Starter for all our customers you must therefore comply with our Fair Use Policy.
2.4 In the event that you exceed your monthly Usage Allowance we may at our discretion suspend Broadband Starter. If your usage continues to exceed your Usage Allowance in one month, we may at our discretion make a charge for additional usage above your Usage Allowance; or terminate Broadband Starter.
2.5 In the event that your telephone account with BT is terminated or you change the services on the telephone line on which you currently use Broadband, so that Broadband is unable to operate normally, Orange may terminate the Services.
3. broadband unlimited
3.1 You may subscribe for Broadband Unlimited at any time. If you are an existing Broadband Starter subscriber and you sign-up for Broadband Unlimited, your Broadband Starter Agreement shall terminate automatically once we activate your Broadband Unlimited. You may be required to commit to a Minimum Period from the date you subscribe to Broadband Unlimited.
3.2 Broadband Unlimited will be provided by either Orange Home or Orange Broadband. 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 network technologies to deliver Broadband Unlimited to you. The different technologies and networks will be operated by Orange Home and Orange Broadband respectively. You will be able to confirm which company is providing Broadband Unlimited to you by looking at your most recent online statement and for the purpose of these Agreements the supplier for the time being of Broadband Unlimited will be the "Unlimited Supplier".
3.3 It may be necessary for us to change the network technology used to supply Broadband Unlimited to you and therefore to change the Unlimited Supplier. You agree that we are entitled to transfer the performance of Broadband Unlimited during the course of Broadband Unlimited Agreement between Orange Home and Orange Broadband (and vice versa) by giving you notice. You further agree that, with effect from the notice, either Orange Home or Orange Broadband (as the case may be) will be entitled to exercise the rights (including but not limited to the right to receive your payment of the Charges) and will bear all obligations under Broadband Unlimited Agreement. Any such transfer will not impact on the terms of these Agreements and, in particular, it will not affect the price you pay for any of the Services and it will not act to change to your detriment your Usage Allowance or the Transmission Speed.
3.4 Orange Home or Orange Broadband will provide you with Broadband Unlimited using reasonable skill and care and in accordance with the provisions of the Broadband Unlimited Agreement. Your use of Broadband Unlimited must comply with our Fair Use Policy.
4. broadband unlimited - talk service
4.1 In order to make and receive telephone calls you must have activated Broadband Unlimited, set up the Livebox and have connected a tone dial/touchtone telephone handset to the Livebox. Such handset must be suitable for use with a standard residential phone line and socket.
4.2 Broadband Unlimited Talk Service:
4.2.1 includes the use of a telephone number that we will notify to you;
4.2.2 will not work in the event of a power failure, you are responsible for the supply of electrical power to the Livebox;
4.2.3 will not work if your broadband line or Livebox is faulty;
4.2.4 has a maximum call duration of two hours per call;
4.2.5 does not include directory listing or text relay services; and
4.2.6 cannot be used for the following services: Global Mobile Satellite System (GMSS), Inmarsat, International Freephone Service, International Premium Rate Service (IPRS), International Shared Cost Service (ISCS), Maritime Mobile Service Applications, Universal Personal Telecommunication Service (UPT).
4.3 Normally we will activate and terminate the Talk Service remotely. However, sometimes you may need to help us activate the Talk Service. If so, we will instruct you how to do this.
4.3.1 You will know if the Talk Service is activated as you will hear five pip tones before you make a call and the phone light on the Livebox will be illuminated.
4.3.2 Any telephone calls you make before the Talk Service is activated as described in this paragraph 4.3 will result in such calls being made using the Public Switched Telephone Network ("PSTN") and these calls will be charged to you by your telephone service provider (such as BT) at its prevailing rates.
4.4 We reserve the right to impose time limits and network controls on your use of the Talk Service.
4.5 Additional charges and limitations will apply to calls made using the Talk Service to numbers that do not begin 01 or 02, being calls to non-geographical, premium rate and some international numbers. Calls to some international destinations are included within your Broadband Unlimited subscription. There may also be charges for value added services (such as call forwarding) and other related services.
4.6 To find out the charges and limitations that apply to non-geographical or premium rate calls, value added services and international numbers and which international destinations are included under Broadband Unlimited please visit our website.
4.7 The Talk Service may be impaired when you upload or download data at the same time as trying to make a telephone call.
4.8 You acknowledge and agree that you do not own the telephone number we supply to you and that you will not transfer or request the transfer of the number to anyone else. Number portability does not apply to the telephone number that we provide to you. You are not permitted to use the telephone number with any device other than the Livebox without our permission. We reserve the right to change the telephone number at any time for operational or commercial reasons or to comply with our regulatory obligations by giving you notice.
4.9 The Talk Service is subject at all times to a Fair Use Policy which includes limitations on outgoing international calls to 1,000 minutes on each account every month to a total of no more than 100 different international telephone numbers. Any use of the Talk Service for outgoing international calls above these limitations will contravene this Fair Use Policy and constitute an abuse of the Talk Service which may result in our monitoring usage and withdrawing the Talk Service from your account.
5. moves
5.1 In the event that you Move, and you notify us that you wish to receive the Services at your New Home then the following provisions shall apply:
5.1.1 we shall terminate your current Services;
5.1.2 provided that we can meet the conditions set out in paragraph 1.1 and provide the Services to your New Home, we will activate the Services to your New Home; and
5.1.3 we may also charge you for our administration and set-up costs arising from your Move and our compliance with this paragraph 5, and we may also charge you a connection fee.
6. personal information and cookies
6.1 You confirm that the Registration Details that you provide shall be true, accurate and complete. You agree to inform us of any changes to your Registration Details immediately by contacting Customer Support.
6.2 Registration for the Services is subject to a credit assessment before we can provide the Services. In considering your application we will search your record using licensed credit reference agencies. They will add to your record details of our search and your application. We will use credit scoring and or other automated decision making systems when assessing your application. If our assessment of you does not meet our normal requirements we reserve the right to decline to provide the Services or to decide an appropriate credit limit on your account. Alternatively, we may ask you to lodge a deposit with us before we provide the Services. If you believe our assessment of you is incorrect, we will review your eligibility. However, we cannot accept responsibility for the accuracy of information provided from the databases of credit reference agencies. Nor can we accept any liability for the consequences of our declining to provide the Services.
6.3 We will also check your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you where we suspect fraud. We or other organisations may use and search these records to:
6.3.1 help make decisions about credit and credit related services, for you and members of your household;
6.3.2 trace debtors, recover debt, prevent fraud, and to manage your account or insurance policies; or
6.3.3 check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity.
6.4 We may also disclose details of how you conduct your account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the other members of your household, for fraud prevention, debt recovery, money laundering prevention, tracing debtors and Account management. For these purposes we or they may make further searches. Although these searches will be added to your record they will not be shared by others.
6.5 Please contact us if you would like details of these credit reference and fraud prevention agencies from whom we obtain and to whom we pass information about you. You have a legal right to this information.
6.6 We will respect your personal information and undertake to comply with all applicable data protection legislation. We will keep your personal information for a reasonable period after your contract with us has finished in case you decide to use our Services again and may contact you about our services during this time. By signing up for the Services you consent to us using and/or disclosing your personal data as follows:
6.6.1 processing your application or changes to your Registration Details, including a credit assessment in accordance with 6.2;
6.6.2 disclosing certain personal details including account details to a bank, credit card operator or other financial institution for the purposes of setting up a continuous payment authority or to any Orange group company involved in the collection or processing of any payments from you;
6.6.3 providing Registration Details to any telecommunications provider who operates the telephone access network over which the Services are delivered;
6.6.4 providing or arranging for third parties to provide any part of the Services including but not limited to customer care facilities and payment collection, routing of telephone calls and email and tools and services, which may involve disclosing information about you to third parties solely for this purpose;
6.6.5 you also agree that such service providers may provide such services outside the European Economic Area (EEA);
6.6.6 sharing your information with other companies in the Group and companies outside the Group who are our business partners. Subject to any preferences you set on the registration form in which you have provided Registration Details, they or we may contact you by mail, telephone, electronic messaging services, fax or email to let you know about any goods, services or promotions which may be of interest to you;
6.6.7 providing personal data to distributors of the services and the Livebox with whom we have a commercial relationship for the purpose of accounting and auditing;
6.6.8 providing personal data (including traffic or location data) to law enforcement agencies or to a court of law or providing such data to or intercepting, recording or monitoring communications in connection with a bona fide request from an officer of the court, or to comply with proper requests from any regulatory or enforcement authority; and
6.6.9 we may use the caller line identification (“CLI”) number that is last used to access our Services to contact you in the event that we are unable to contact you using the telephone number that you provide in your Registration Details.
6.7 In order to provide you with the Services, we will attach cookies to your computer or system that are essential to enable us to identify you as a member and to understand and facilitate your use of the Services. We also use cookies to ensure that our mailing tools are working correctly. You hereby consent to receiving the cookies by accepting these Terms of Use.
7. our obligations
7.1 You acknowledge that provision of the Services and the ability to provide the Services are dependent upon our network providers and their ability to provide certain parts of the Services. You acknowledge that there may be technical limitations that inhibit the activation or provision of the Services. We agree to notify our network providers of any issues concerning the Services that you bring to our attention, but we cannot guarantee rectification of these issues by such network providers.
7.2 We do not warrant that the Services will be interruption free or that the transmission of information through the Services will be secure. The Services may be temporarily suspended for operational reasons (such as maintenance or upgrades), because of an emergency or because third parties on whom we rely have withdrawn service or that service is interrupted for any reason. Before suspending or interrupting the Services we shall use reasonable endeavours to give you as much notice as possible.
7.3 It is technically impracticable to provide the Services free from errors and/or faults and we do not undertake to do so. We shall provide Technical Support to enable faults to be reported and resolved but we do not undertake that all faults will be corrected.
7.4 Our obligations to provide the Services shall be conditional upon the Technical Requirements being satisfied. You acknowledge that they will only be available to you if: (a) you have a valid contract for the use of a BT analogue direct exchange line which terminates on a master socket forming part of BT's telecommunications network; (b) you have a computer that satisfies the Technical Requirements; and (c) your Home falls within the Service Availability Area. Our responsibility for the Services does not apply in relation to any point beyond the BT 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 connectivity or the full connectivity speed of the Services. The telephone facility operates over Broadband Unlimited and accordingly anything that adversely affects the performance of Broadband Unlimited will impact the performance of that facility.
7.5 Except as may be expressly stated in these Terms of Use, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
7.6 We may take instructions from a person who we think, with good reason, is acting with your permission.
8. your obligations
8.1 You agree that you will be responsible for any Equipment or Livebox (or both) that may be provided to you for the purpose of receiving the Services. You will be responsible for all Charges incurred in the use of the Services. You will use any Equipment or Livebox connected or used with the Services in accordance with any instructions, safety and security procedures applicable to it.
8.2 You will be allocated both a username and one or more passwords in order to access the Services and you will be responsible for keeping your passwords confidential and agree to take all necessary steps to ensure that it is kept secure and is not disclosed to any unauthorised person. You will inform us upon becoming aware of any suspected or actual unauthorised use of the Services and will take all steps necessary, including those steps requested by us, to prevent such use.
8.3 You agree to comply with any instructions we may give to you from time to time which are necessary for health, safety or quality of other telecommunications services provided by our network providers.
8.4 You must not add to, modify or in any way interfere with the Modem or Livebox (as applicable) nor allow anyone else (other than someone authorised by us) to do so. You agree not to connect other equipment to the network over which the Services are provided that may in any way harm the network, the Modem or Livebox (as applicable) or other customers' equipment. If you do, you must disconnect from the network immediately, or allow us to do so at your expense.
9. use of the services
9.1 You acknowledge and agree that the Services are intended for residential use only. You will ensure that anyone you permit to use the Services is aware that the Services are intended for residential use only. Neither you nor anyone you permit to use the Services will do so for business purposes.
9.2 You shall not use the Services:
9.2.1 in a way that does not comply with the terms of any legislation or that is in any way unlawful or fraudulent;
9.2.2 to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights;
9.2.3 to send or procure the sending of any unsolicited advertising or promotional material;
9.2.4 in a way that does not comply with any instructions we give you under paragraph 8.3;
9.2.5 in a way that in our reasonable opinion could materially affect the quality of any telecommunications service, including Broadband Starter or Broadband Unlimited;
9.2.6 to store more than 1000 emails or 100MB of emails on your Orange email account;
9.2.7 to send emails greater than 10MB in size including attachments using an email client application such as Microsoft’s Outlook Express;
9.2.8 to send emails greater than 3MB in size (including no more than 6 attachments) using the webmail interface;
9.2.9 in order to resell the use of the Services to a third party; and
9.3 in relation to the Talk Service, in any way which in our opinion is different from that we would reasonably expect for normal residential telephone use, including but not limited to, use as described in paragraph 15.9.We shall have the right to enforce such provisions set out in paragraph 9.2 above by suspending or terminating in whole or in part the provision of the affected Services at our option if we reasonably believe that you are in breach of such provisions.
9.4 In order to reduce spam from entering and affecting the operation of our systems and the Services, we may take reasonable measures to block access to or delivery of any email which appears to be of an unsolicited nature and/or part of a bulk email transmission. We may also use within our systems virus screening technology which may result in the deletion or alteration of email and or email attachments, although we do not guarantee that such technology will be effective against all virus attacks.
10. equipment
10.1 Orange shall deliver the Equipment or the Livebox to your Home.
10.2 Orange shall use its reasonable endeavours to deliver the Equipment or the Livebox to your Home by the delivery date communicated to you. This delivery date is an estimate.
10.3 You shall inspect the Equipment or the Livebox immediately upon receipt and inform Orange by telephone via Technical Support within 5 (five) days of delivery of any damage or missing items from the delivery. Orange reserves the right to supply you with Equipment or a Livebox that may have been refurbished.
10.4 Orange does not provide any warranty as to the level of performance of the wireless element 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 distances between the Livebox and the Wireless Adapter and any interference with radio signals that may arise in your Home.
10.5 In order to maintain the most up-to-date release of the firmware in the Livebox for the continued operation of the Services Orange may automatically upgrade the software in the Livebox through a download via the Internet or via CD-ROM release. You agree to accept such a download or to run the CD-ROM on your computer. During a software upgrade via the Internet your user session may terminate and reconnect to the Internet when complete.
10.6 Orange will not provide technical support for wireless connections using Wireless Adapters other than those provided by an Orange Company.
11. faulty equipment
11.1 If you have a fault with the Equipment or the Livebox please call Technical Support. Orange shall not be liable to you for any fault that is caused by your failure to use the Equipment or the Livebox in accordance with the operating instructions supplied with such Equipment or Livebox or your failure to comply with any instructions given to you by the technical Helpdesk personnel. In the event that Orange provides you with replacement Equipment or a replacement Livebox as a result of a fault, you must return the faulty Equipment or Livebox to Orange (or its appointed agent) within 14 days of receipt of the replacement Equipment or Livebox in the prepaid returns envelope provided.
11.2 In the event that the Equipment or Livebox is faulty, Orange will replace or repair such defective Equipment or Livebox at its option, provided that such fault is not caused by your failure to keep the Equipment or Livebox safe. Orange reserves the right to replace the Equipment or Livebox with refurbished Equipment or Livebox (as applicable).
12. responsibility for the equipment
12.1 The Equipment and the Livebox remains our property. You will be responsible to Orange for any damage to or loss of the Equipment or the Livebox from the moment the Equipment or the Livebox is delivered to you.
12.2 If you do return the Equipment or the Livebox, you shall return it to Orange in the prepaid returns envelope provided. If you fail to return the Equipment or Livebox to Orange when it is faulty or the Agreements have terminated or you damage the Livebox, Orange reserves the right to charge you the full replacement cost for such Equipment or Livebox unless you can provide Orange with actual proof of postage. If Orange collects the Equipment or the Livebox, it shall be entitled to charge you for the direct costs of so doing.
13. complaints procedure
13.1 If you have a complaint about any aspect of the Services, please let us know by calling Customer Support and we will endeavour to resolve any complaints as soon as is reasonably possible.
13.2 If you are not satisfied that your complaint has been resolved, you can escalate your issue, by following the procedure set out our Code of Practice. Once your complaint has been fully investigated we shall reply back to you.
13.3 The above complaints provisions will apply irrespective of which Orange Company supplies you with the service about which you complain. We undertake to ensure that the complaint is resolved by the correct Orange Company responsible for such service and such process will be co-ordinated by Customer Support.
14. intellectual property rights
14.1 You acknowledge that you may need to enter into agreements reasonably required by the owner of the copyright in any software made available to you for the purpose of accessing the Services.
14.2 You acknowledge and agree that all intellectual property rights in the Services (including, without limitation, the Equipment or the Livebox and any associated software) belong to us or our licensors, as appropriate, and you shall not obtain any ownership interest in such intellectual property rights.
15. charges
15.1 Where applicable you shall pay the Charges in accordance with the payment terms set out on our website. The Charges shall apply from the date the relevant Service is activated or when you cease to be Eligible (as applicable).
15.2 Payment of the Charges by credit or debit card or by direct debit shall be collected by an Orange group company, Orange Payment Services ("OPS") and will include a payment to the appropriate Orange Company. OPS will process your payment instruction and obtain the acceptance of your card issuer or bank to make the relevant payments required under these Agreements. Where payment is declined by your card issuer or bank, you will not be able to pay using such payment method. In consideration of OPS providing this service to you 2.5% of the total you pay will be deducted. This 2.5% is included as part of the Charges and it is not in addition to the Charges.
15.3 Telephone call usage via broadband shall be calculated on a per second basis and rounded down to the nearest second.
15.4 We will not distribute copies of statements for Charges, however, you may review and print your account and call charges by logging in to "Manage your account" in our Member Centre. If you are unable to access your account details via the Member Centre, you must call Technical Support, who will be able to provide you with a copy of your statement. We shall only keep statements in a readily printable format for a period of six months.
15.5 We will try to include all call Charges incurred by you on the appropriate monthly statement, however, we reserve the right to include on future statements, calls that were incurred in previous months and which have not already been billed to you.
15.6 You should review all statements of Charges when you receive the notice from us informing you that your latest statement is available and notify us of any Charges you believe are not applicable to you by calling Customer Support.
15.7 All Charges are inclusive of VAT at the applicable rate.
15.8 In the event that you do not pay us the Charges when due or you exceed, or are likely to exceed, any credit limit that we have notified to you, we reserve the right to suspend and/or terminate the Services and take such necessary action to recover sums due to us (plus any cost of collecting such sums). We shall notify you in advance of our intention to suspend the Services in accordance with this paragraph.
15.9 We reserve the right to suspend the Services and/or require you to pay any Charges due to us for call Charges incurred whether billed or not, if we reasonably believe that you or someone else is using the Services from your Home: (a) in a manner not typical of a residential user including but not limited to continuous use or near continuous use of the telephone connection incurring large call Charges; or (b) using the Talk Service contrary to our Fair Use Policy for the Talk Service set out at paragraph 4.9 above; or (c) with the intent to commit fraud or misuse of the Services; or (e) in any other way that may leave us unable to recover full payment for the Services provided.
15.10 In order to protect ourselves from potential fraudulent activity or misuse of Broadband Unlimited which may result in us being exposed to costs or loss of revenue, we reserve the right to notify you from time to time of any a credit limit for calls that you make using Broadband Unlimited.
15.11 We reserve the right to vary the Charges at any time on giving you notice in writing. In the event that the Charges are increased you will receive 30 days' notice. In the event that the Charges are decreased, you will be given notice within seven days of the decrease.
15.12 We reserve the right to charge an administration fee each month for payments not made by direct debit.
15.13 We may arrange for invoices to be issued by a third party on our behalf. Invoices issued by such third party shall be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such invoices under these Agreements.
16. our liability to you
16.1 We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us.
16.2 We shall not be liable to you or any business connected to you, either in contract, tort (including negligence) or otherwise for any losses which are related to you or your business, including, without limitation, loss of data, loss of profits, loss of revenue or business interruption or any losses which are not reasonably foreseeable by us.
16.3 We accept responsibility for loss or damage to your physical property as a result of our negligence. We will pay up to £100,000 in any 12-month period for this loss or damage.
16.4 We shall not be liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; 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 the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).
16.5 Except as set out in this paragraph 16, any liability we may have to you, howsoever arising out of these Terms of Use or the supply of the Services is limited to £5,000 in any 12-month period.
16.6 Each provision of this paragraph 16 operates separately as between you and Orange, between you and Orange Broadband and between you and Orange Home. If any part is held by a court to be unreasonable, inapplicable or unenforceable then, for the avoidance of doubt, that part shall still apply for the benefit of the other companies or company.
17. term and termination
17.1 You may cancel these Agreements at any time prior to the Start Date. You agree that we shall begin the provision of the Services on the Start Date. After the Start Date you will not be able to end these Agreements except as set out in this paragraph 17. This does not affect any statutory rights that you have as a consumer, if those rights cannot be excluded or limited. Please contact your local authority Trading Standards Department or the Citizens Advice Bureau for information on your statutory rights. If you are an existing customer taking broadband services and you subscribe for either Broadband Starter or Broadband Unlimited you may be required to commit to a new Minimum Period.
17.2 The Agreements may be terminated as follows:
17.2.1 by us on 30 days' notice, unless we terminate pursuant to paragraphs 2.2, 2.4, 2.5, 9.3 and 15.8 with less notice or without notice;
17.2.2 by you giving notice if the relevant Orange Company informs you of a material change to the Services or the relevant Orange Company gives notice of an amendment to the relevant Agreement pursuant to paragraph 18, where such changes are to your detriment, and your notice shall take effect upon the earlier of seven days from our receipt of your notice or the date upon which the amended Agreement or Services would otherwise have taken effect; or
17.2.3 subject to paragraphs 17.1 and by you giving us 30 days' notice.
17.3 If you give notice of termination of the Broadband Starter Agreement, or the Broadband Supplier terminates that agreement pursuant to paragraph 2.3, 2.6, 9.3 or 15.8 during the Minimum Period, you must pay all Charges that would otherwise have been payable under the Broadband Starter Agreement during the Minimum Period. If you give notice of termination of the Broadband Unlimited Agreement, or the Broadband Supplier terminates that agreement pursuant to paragraph 2.3, 4.9 9.3 or 15.8 during the Minimum Period, you must pay all Charges that would otherwise have been payable under the Broadband Unlimited Agreement during the Minimum Period. You must also continue to pay the Payment Handling Charge to Orange Payment Service for any Payment Handling Services performed up to and including the date on which the Minimum Period ends.
17.3.1 In order to transfer your service to a different provider you need to request a MAC code that you should give to your new broadband provider. You can request to receive the MAC Code by email or letter. We aim to provide the MAC Code to you within 5 working days of your contacting us. A Mac Code expires after 30 days. We can only provide a new Code once the previous one has expired. The request of a MAC code does not immediately cancel an account.
17.3.2 When you terminate your Broadband Agreement and any Minimum Period has expired the termination is subject to 30 days’ notice that will be applied to your Broadband account when the MAC Code is used. Further details about MAC Codes are available here.
17.3.3 After your new broadband service provider receives the MAC code normally your broadband connection will be switched to the new service provider within 10 working days.
17.4 If you give notice of termination of the Broadband Starter Agreement, or Orange terminates that agreement pursuant to paragraph 2.5, 9.3, 15.8 or 17.4 during the Minimum Period, you must pay all the charges for Broadband Starter as if you did not receive that service as part of this offer (at the standard charge set out on our Price List) from the date of termination until the end of the Minimum Period.
17.5 We may also terminate the Agreements or any part of them or suspend the supply of any of the Services to you, immediately and without notice if:
17.5.1 if you cease to be Eligible;
17.5.2 you breach these Terms of Use;
17.5.3 you or any person using your account misuses the Services in any way, including, without limitation, misuse in the manner set out under paragraph 9;
17.5.4 bankruptcy or other 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;
17.5.5 you are no longer able lawfully to receive the Services;
17.5.6 you no longer have an appropriate residential telephone account as required in these Terms of Use;
17.5.7 we receive a complaint from a third party that appears to be justified regarding your use of the Services; or
17.5.8 we can no longer provide the Services or provide the Services in a way that we deem appropriate.
17.6 If any of the events detailed in paragraph 17.4 occur as a result of your default, we may suspend the Services or any one Service without prejudice to our right to terminate the Broadband Agreement or Broadband Unlimited Agreement. Where the Services are suspended under this paragraph 17.5 you must continue to pay all the Charges due in respect of the Services until the Agreements are terminated.
17.7 On termination of any of the Agreements each Orange Company shall have the right to automatically terminate the remaining Agreement immediately and without further notice to you.
17.8 As permitted by law on termination of the Agreements, we reserve the right to reuse the telephone number that was allocated to you.
17.9 On termination of the Agreements for whatever reason, you agree to return the Equipment or the Livebox (or both if applicable) and all parts of them to Orange.
17.10 Termination in accordance with this paragraph 17 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any party and all provisions which are expressed to survive these Agreements or impliedly do so shall remain in full force and effect.
17.11 In the event of termination, all the information we are storing on your behalf on our servers may be deleted and in particular we may delete all the emails in your email account. Charges billed and/or paid in advance to the end of the next billing period shall not be pro rated or refunded.
18. changes to the services or terms of use
18.1 We may alter or amend at any time:
18.1.1 any aspect of the Services upon giving you 30 days' notice in advance, of such alteration taking effect, provided such alteration or amendment does not require any material change to the Broadband Agreement or Broadband Unlimited Agreement; and;
18.1.2 the terms of the Broadband Agreement or Broadband Unlimited Agreement upon giving you 30 days' 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 the Services, you may terminate the Broadband Agreement or Broadband Unlimited Agreement (as applicable) upon giving us notice in accordance with paragraph 19.3.
19. other things you need to know
19.1 These Agreements shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the High Court of England in respect of any dispute or matter arising out of or in connection with these Agreements.
19.2 We intend to rely upon the written terms set out in the Terms of Use (as they may be amended from time to time) for the Services that we provide to you.
19.3 Unless otherwise provided in these Terms of Use, any notices other than a notice of termination by you must be sent by email, post or delivered by hand as follows:
19.3.1 to you, at the address you have given us or the email address given to us in your Registration Details or to any other address you provide to us subsequently in accordance with paragraph 6.1;
19.3.2 to us by telephone by calling Customer Support or by post addressed to Customer Support, Orange, PO Box 486, Rotherham, S63 5ZX; or
19.3.3 in the case of notices sent by email, such notices shall be deemed to be received when capable of being accessed by you. In the case of notices sent by post, such notices shall be deemed to be received on the second business day after posting.
19.4 Any notice of termination by you must be made by calling Customer Support. You may be required to prove your identity to our reasonable satisfaction before we accept such notice of termination as being valid.
19.5 Without affecting your right to terminate under these Terms of Use or your other rights, we may transfer the Broadband Agreement or Broadband Unlimited Agreement to any person taking over the supply of the Services or sub-contract the provision of all or any of the Services or any part of them to any other person without your consent. Any such transfer will not impact on the terms of these Agreements and, in particular, it will not affect the price you pay for any of the Services and it will not act to change to your detriment your Usage Allowance or the Transmission Speed. We shall ensure that if we sub-contract any of the elements of the Services there shall be no detrimental affect to either you or the Services provided. You acknowledge and agree that the Services are provided for your use only and you will not transfer any of them to a third party or try to do so.
19.6 The illegality, invalidity or unenforceability of any provision these Terms of Use shall not affect the continuation in force of the remainder of these Terms of Use. Any waiver of any breach of the Agreements must be given in writing.
20. general - interpretation
20.1.1 In these Terms of Use the paragraphs that will apply to Broadband Starter are all paragraphs other than paragraph 3 and 4.
20.1.2 In these Terms of Use all paragraphs will apply to Broadband Unlimited.
20.1.3 In these Terms of Use, "we", "our" and "us" are references to Orange, Orange Home or Orange Broadband, and the companies owned by France Telecom S.A. (or any Orange group companies that take over the provision of one or more of the Services) and where a paragraph refers to "we", "our" or "us" in connection with the following terms it shall be taken to mean a reference to the company or companies indicated: for Broadband Starter to Orange; for Broadband Unlimited to Orange Home or Orange Broadband, as provided in paragraph 3.2.
20.2 In these Terms of Use the following terms shall have the meanings allocated to them:
"Agreements" means the Broadband Agreement and the Broadband Unlimited Agreement;
"Broadband" means either Broadband Starter or Broadband Unlimited depending on to which of those services you subscribe;
"Broadband Starter Agreement" means these Terms of Use, the Price List, the Usage Allowances (each as they relate to Broadband Starter), the Registration Details, and the Technical Requirements;
"Broadband Unlimited Agreement" means these Terms of Use, the Price List, the Usage Allowance (each as they relate to Broadband Unlimited), the Registration Details, and the Technical Requirements;
"BT" means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ;
"Charges" means the charges payable by you for connection of Broadband Starter or Broadband Unlimited, monthly charges for Broadband Unlimited, chargeable telephone calls, and any other chargeable services that you select (including downloads and administrative charges) (as applicable);
"Customer Support" means our customer support facilities which you can contact in the event you require assistance on 0870 1900672 for Broadband Starter and 0870 0102462 for enquiries about Broadband Unlimited;
"Eligible" means that you meet the criteria set out here;
"Equipment" means the Modem and any other ancillary equipment and cables necessary to use the Broadband Access Service that we may provide to you but shall not include the Livebox;
"Fair Use Policy" means the fair use policy details of which are available here for the Broadband Service and at paragraph 4.9 for the Talk Service;
"Home" means the residential address in the United Kingdom at which we agree to provide Broadband to you and after any Move your New Home shall be considered your Home for the purpose of these Terms of Use;
"Livebox" means the router, filters and other ancillary equipment and cables that are supplied to you as part of Broadband Unlimited that enables you to connect your computer and other internet enabled devices through either a wireless interface (using a Wireless Adapter which you must purchase separately) or a wired interface to Broadband Unlimited and enables us to provide telephone calls;
"MAC Code" This code allows you to switch from one broadband provider to another without losing your broadband connection. We will provide it to you on request when you want to migrate to a different provider. Further details are available here.
"Minimum Period" means in relation to a period of 12 months commencing from the Start Date of the relevant Agreement, unless we notify you otherwise;
"Member Centre" means this area on our website;
"Modem" means the high-speed modem and ancillary equipment that we supply to you when you subscribe to the Broadband Access Service;
"Move" means a change in the location where you live;
"New Home" means the residential address at which you request Broadband after a Move;
"Orange Broadband" means OHCS II – Serviços de Internet Unipessoal LDA, a company registered in Madeira (company number 07529/2005.08.22) whose registered office is located at Rua de Sao Francisco No 3, 2 Andar; 9000 - 520 Funchal, Madeira, Portugal;
"Orange Companies" means Orange, Orange Home, Orange Broadband or any other member of the Orange group of companies from time to time that may provide services, facilities and products to you under the Agreements;
"Orange Home" means Orange Home UK plc, a company registered in England (company number 3014367) whose registered office is located at Verulam Point, Station Way, St Albans AL1 5HE;
"Orange Payment Services" means OHCS I – Serviços de Internet Unipessoal LDA, a company registered in Madeira (company number 05431/2000.09.08) whose registered office is located at Rua de Sao Francisco No 3, 2 Andar; 9000 - 520 Funchal, Madeira, Portugal;
"Price List" means the price list here setting out the Charges as may be amended by us from time to time;
"Registration Details" means the personal information you provide on registration for the Services and which may be subsequently changed or amended by you or on your behalf;
"Service Availability Area" means a geographic area specified by us where Broadband is potentially available, as published here on our website as may be amended from time to time;
"Services" means Broadband Starter and Broadband Unlimited;
"Start Date" means in relation to Broadband, the date when we have confirmed to you by email to your Orange email address or such other email address you have notified to us that your order has been accepted, or (b) if for some reason you do not receive that email, when you first start to use Broadband, whichever of these happens first;
"Technical Requirements" means the requirements to enable the Service to be provided to you as published on our website;
"Technical Support" means the telephone facility to report faults in the Services, contactable by telephone on the numbers set out on our website;
"Terms of Use" means the specific terms applicable to each of the Services;
"Transmission Speed" means the rate in terms of Mbps (millions of bits per second) or Kbps (thousands of bits per second) that data is transferred between two modems. The expected normal Transmission Speed available to you will be confirmed to you by email after Broadband Starter or Broadband Unlimited has been activated. This speed may be affected by the operational and technical characteristics of your phone line and your chosen access equipment, the Equipment, Livebox or the equipment that you connect to Broadband;
"Unlimited Supplier" has the meaning given to it in paragraph 3.2;
"Usage Allowances" means the limit of the total amount of data you may download and/or upload each month using Broadband Starter. Details of the Usage Allowances for Broadband Starter are published on our website;
"Wireless Adapter" means the USB or FireWire device available to purchase that allows your computer to communicate to the Livebox via a wireless radio link; and
"You/your" means the person with whom we make these Agreements, as specified in the Registration Details.
