terms of use for Orange Broadband & other services
notice
These notes explain the contracts between you, the subscriber, and our group companies providing you services, including (i) access to the Internet using a broadband access service, (ii) the support of wireless connection to the Internet and Internet telephone service, (iii) member services, facilities and products (for example, email facilities and personal web space) and (iv) payment handling services. It is, therefore, very much in your interests to read these notes and the Terms of Use on the next screen carefully before you enter into contracts for the services described below. Each of the services will be subject to a separate contract between you and our group company providing the service, but the process is simple and will not take any extra effort by you: you need only apply once for all the services.
The Terms of Use on the next screen will apply whichever Orange group company supplies the broadband access service to you and, if applicable, the Internet telephone service. Please note that, to enable us to provide you with the most efficient broadband access service, your contracts for the broadband access and Internet telephone services may be transferred to the most suitable company in our group: please read paragraphs 2.7 and 4.1 of the Terms of Use.
The charges that you will pay, and as advertised, are made up of charges for the different services provided to you by the Orange group companies. The total amount that you pay will not be affected by any changes in the identity of the company that supplies any of the particular services to you. You may pay by direct debit or credit or debit card. Payment handling services for all payments by direct debit or credit or debit card will be performed by an Orange group company. You will pay this company a handling fee for the payment processing and collection service, this fee is included as part of the advertised price and will be 2.5% of the total amount you pay; please read paragraph 5.3 of the Terms of Use.
Please go to the next screen, where the full Terms of Use appear. Having read them, if you wish to enter into contracts with our group companies referred to below, please tick the relevant box indicated on the "Orange Terms of Use" registration page. You will then be asked to provide personal information in order for us to check we can provide the services and to set up your account. There may be technical limitations that could prevent us from providing the services to you. If they apply, we shall tell you, together with any further steps you may have to take. Under the Terms of Use, if for any reason we cannot accept your order and provide broadband access or member services to you, you will still be liable to return any equipment we have supplied to you: please see paragraphs 1.3, 1.4 and 12 of the Terms of Use.
Please note that, as a result of those technical limitations, the contracts between you and us will not be complete, and neither you nor our group companies concerned will be legally committed to take or provide any of the services until either we have confirmed to you by e-mail to your Orange e-mail address or such other email address you have notified to us that we have activated the services or, if for some reason you do not receive that e-mail, when you first start to use the broadband access service, whichever of these happens first. However, your legal commitment to us regarding the equipment set out in the preceding paragraph and in paragraphs 1.3, 1.4 and 12 of the Terms of Use will commence on the day you receive the equipment.
Please carefully check your personal information and product selection during the registration procedure. You will have an opportunity to confirm your details before final submission. After the final submission of your details, you will be able to change or update those details by calling Customer Support on 0870 010 2462 for the Broadband Access Service, Member Services and Payment Handling Services and 0870 220 2002 for the Wireless & Talk Service.
The group companies providing these services to you will retain your personal details and product selection information. A copy of the Terms of Use below will also be available on our website.
If before or after accepting the Terms of Use below, there is anything in them that you do not understand then please contact Customer Support as soon possible. Please note that calls to Customer Support are charged at the national rate and may be monitored for training, security and quality assurance purposes. If you do not understand any of the terminology used in these Terms of Use, please refer to the Definitions section at the end of the Terms of Use.
TERMS OF USE FOR ORANGE BROADBAND, MEMBER, WIRELESS & TALK AND PAYMENT SERVICES
Access to the Internet and our related services and applications consists of two distinct service elements, an access element using broadband technology (the "Broadband Access Service") and the Orange services comprising various Internet-based services available to members of Orange, for example email facilities including POP email and Webmail Interface, personal web space, access to the World Wide Web and other services and applications (the "Member Services"). The Broadband Access Service enables your equipment to be connected to and access the Member Services. We can now also supply you with an additional optional service to permit you to connect your computer wirelessly to the Broadband Access Service and make and receive telephone calls over the Internet (the "Wireless & Talk Service"). There is a fourth service provided to you, comprising the processing and collection of your payments by credit or debit card or direct debit provided to you by Orange Payment Services (the "Payment Handling Services").
In these Terms of Use:
1. the Terms of Use that will apply to the Broadband Access Service are those terms headed "Broadband Agreement" together with the General Conditions;
2. the Terms of Use that will apply to the Member Services are those terms headed "Member Agreement" and the General Conditions;
3. the Terms of Use that will apply to the Wireless & Talk Service are those terms headed "Wireless & Talk Agreement" and the General Conditions;
4. the Terms of Use that will apply to the Payment Handling Services are those terms headed "Payment Agreement" and the General Conditions;
5. the "General Conditions" are those headed "General" and such General Conditions will apply to each service as indicated; and
6. the term "Services" will mean the Broadband Access Service, the Wireless & Talk Services and the Member Services, but not the Payment Services.
The charges that you will pay, and as advertised, are made up of charges for the different services provided to you by the Orange group companies. The total amount that you pay will not be affected by any changes in the identity of the company that supplies a particular service to you (see paragraphs 2.7 and 4.1).
The Member Services will be provided to you by Orange Home UK plc, a company registered in England and Wales (company number 3014367); whose registered office is located at Verulam Point, Station Way, St Albans AL1 5HE ("Orange").
The Broadband Access Service and the Wireless & Talk Service will be provided to you either by Orange or OHCS II Serviços de internet Unipessoal LDA, a company registered in Madeira (company number 07529/05/08.22) whose registered office is located at Avenida do Infante, 50, 9004 - 521 Funchal, Madeira, Portugal ("Orange Broadband"), depending on which of these companies can at the time offer you the most efficient network service: please see paragraphs 2.7 and 4.1 below for details of how this will work.
Payment Handling Services - You may pay by direct debit or credit or debit card. OHCS I Serviços de internet Unipessoal LDA, a company registered in Madeira (company number 05431/2000.09.08) whose registered office is located at Avenida do Infante, 50, 9004 - 521 Funchal, Madeira, Portugal ("Orange Payment Services"), will provide the Payment Handling Services, for a payment handling charge (the "Payment Handling Charge"). The Payment Handling Charge will be 2.5% of the total amount you pay by direct debit or credit or debit card and is included as part of the advertised price.
Please note that all correspondence should be addressed as specified in paragraph 19.3 below and not to the above addresses which are the corporate headquarters for the Orange Companies. In these Terms of Use, "we", "our" and "us" are references to Orange or Orange Broadband 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 Member Services to Orange only; and for the Broadband Access Service and Wireless & Talk Service to Orange Broadband or Orange, as provided in paragraphs 2.7 and 4.1.
For the avoidance of doubt, only Orange will be entitled to exercise the rights and will bear all obligations under the Member Agreement in relation to the Member Services. Subject to paragraph 2.7, Orange Broadband and Orange will be entitled to exercise the rights and will bear all obligations under the Broadband Agreement in relation to the Broadband Access Service with the exception that at all time Orange (and not Orange Broadband) will be responsible for the provision of the Equipment to you. Subject to paragraph 4.1, Orange Broadband and Orange will be entitled to exercise the rights and will bear all obligations and under the Wireless & Talk Agreement in relation to the Wireless & Talk Service. Orange Payment Services will be entitled to exercise the rights and will bear all obligations under the Payment Agreement in relation to Payment Handling Services.
1. broadband agreement - start-up
1.1 Registering with the Broadband Access Service gives you the ability, subject to paragraph 7.4, using a computer (of appropriate specification) and the Equipment or other independently purchased modem or router (of the appropriate specification), 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 the operational and technical characteristics of your phone line and the Equipment that you connect.
1.2 Before we can be sure that we can provide you with the Broadband Access Service we must:
1.2.1 check that you are in a geographical area where you can receive the Broadband Access Service;
1.2.2 perform a satisfactory telephone line test;
and 1.2.3 successfully activate the Broadband Access Service.
1.3 If we are not able to provide you with the Broadband Access Service because, in our sole 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 to Orange within 30 days, failing which Orange reserves the right to charge you for Equipment you have not returned unless actual proof of postage can be provided to Orange's reasonable satisfaction.
1.4 Once we have received the Equipment, we will refund any payments already made by you.
1.5 When the Broadband Access Service is activated you must ensure that the Equipment or other modem/router (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 and the Member Services.
1.6 Before you install the software supplied with the Equipment and before you connect the Equipment to your computer, you should back up or save any data on your computer. Activation of the Broadband Access Service may result in you experiencing a temporary loss of service over your analogue BT line.
2. broadband agreement - broadband access service
2.1 We will provide you with the Broadband Access Service using reasonable skill and care and in accordance with the provisions of the Broadband Agreement.
2.2 In the event that you Move, and you notify us that you wish to receive the Broadband Access Service at your New Home then the following provisions shall apply:
2.2.1 we shall terminate your current Broadband Access Service;
2.2.2 you will be required to register again for the Broadband Access Service (including updating your Registration Details) and commit to the remaining term of the Minimum Period (if not yet expired);
2.2.3 provided that we can meet the conditions set out in paragraph 1.2 and provide the Broadband Access Service to your New Home, we will activate the Broadband Access Service to your New Home; and
2.2.4 we may also charge you for our administration and set-up costs arising from your Move and compliance with this paragraph 2.2.
2.3 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 the Broadband Access Service, so that the Broadband Access Service is unable to operate normally, we may terminate the Broadband Access Service and you will be liable for the Charges that would have otherwise been payable during the remainder of the Minimum Period.
2.4 You are allowed to use the Broadband Access Services to access the Member Services and download and/or upload data up to your monthly Usage Allowance. We seek to ensure fair usage of the Broadband Access Service for all our customers. Accordingly your use of the Broadband Access Service must not exceed your Usage Allowance. Use of the Broadband Access Service above the Usage Allowance adversely affects our network and the Broadband Access Service to other customers.
2.5 You may at any time during the term of this Broadband Agreement request a Re-grade for your Broadband Access Service, subject to a maximum number of three Re-grades in each 12 month period. In the event that your Broadband Access Service is subject to a Re-grade during the Minimum Period, we reserve the right to make an additional charge and to require you to commit to a further Minimum Period from the date of such Re-grade.
2.6 In the event that you exceed your monthly Usage Allowance we reserve the right (at our sole discretion) to suspend the Broadband Access Service until the start of your next monthly period. If your usage continues to exceed your Usage Allowance or you exceed 30GB in one month, we also reserve the right to: (a) make a charge for additional usage above your Usage Allowance; or (b) give you 30 days written notice that we shall Re-grade you to a higher Usage Allowance at a different Charge; or (c) terminate the Broadband Access Service even if you are within your Minimum Period.
2.7 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 Access Service to you. The different technologies and networks will be operated by different member companies within the Orange group of companies. You agree that we are entitled to transfer the performance of the Broadband Access Service during the course of this Broadband Agreement between Orange and Orange Broadband by giving you notice. You further agree that, with effect from the transfer, either Orange 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 the Broadband Agreement. You will be able to confirm which company is providing the Broadband Access Service to you by looking at your most recent online statement and for the purpose of these Agreements the supplier for the time being of the Broadband Access Service will be the "Broadband Supplier". 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, the Minimum Period or the Transmission Speed or the provision of the Member Services or Payment Handling Services.
3. member agreement - member services
We will provide you with the Member Services using reasonable skill and care and in accordance with the provisions of the Member Agreement. You will be able to access the Member Services using the Broadband Access Service once that service is operational.
4. Wireless & Talk agreement - Wireless & Talk service
4.1 Because the Wireless & Talk Service operates over the broadband connection provided under the Broadband Access Service, the group company responsible for providing the Wireless & Talk Service will be the same group company that provides the Broadband Access Service. Accordingly, you agree that we are entitled to transfer the performance of the Wireless & Talk Service during the course of the Wireless & Talk Agreement between Orange and Orange Broadband by giving you notice. You further agree that, with effect from the transfer, either Orange 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 the Broadband Agreement. You will be able to confirm which company is providing the Wireless & Talk Service to you by looking at your most recent online statement and for the purpose of these Agreements the supplier for the time being of the Wireless & Talk Service will be the "Wireless Supplier". 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 the provision of the Member Services or Payment Handling Services.
4.2 We will provide you with the Wireless & Talk Service using reasonable skill and care and in accordance with the provisions of this Wireless & Talk Agreement.
4.3 The Wireless & Talk Service comprises two main elements. The first is the facility to connect your computer wirelessly to your Broadband Access Service - the wireless element. The second is the service we provide to you to make and receive phone calls using your Broadband Access Service - the talk element. This service is additional to and separate from the Broadband Access Service.
4.4 In order to receive the Wireless & Talk Service you must have activated the Broadband Access Service 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.
4.5 The Wireless & Talk Service:
4.5.1 Includes the use of a telephone number that we will notify to you;
4.5.2 will not work in the event of a power failure, you are responsible for the supply of electrical power to the Equipment;
4.5.3 will not work if your broadband line or Livebox is faulty;
4.5.4 has a maximum call duration of 2 hours per call.
4.5.5 does not include a directory listing or text relay services
4.5.6 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).
4.6 Activation
4.6.1 Normally we will activate and terminate the Wireless & Talk Service remotely. However, sometimes you may need to help us activate the Wireless & Talk Service. If so, we will instruct you how to do this.
4.6.2 You will know if the Wireless & 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. The Wireless & Talk Service shall only commence once the service has been activated in accordance with this paragraph 4.6.
4.6.3 Any telephone calls you make before the Wireless & Talk Service is activated 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.
4.7 Use of the Wireless & Talk Service
4.7.1 You must use the Wireless & Talk Service in accordance with paragraph 9.
4.7.2 You agree that the Wireless & Talk Service is for residential use only and not for business purposes. You will ensure that anyone you allow to use the Wireless & Talk Service is aware that it is intended for residential use only and not for business purposes.
4.7.3 We reserve the right to suspend or cancel your Wireless & Talk Service if we believe it is being used for business purposes.
4.7.4 We reserve the right to impose time limits and network controls on the Wireless & Talk Service.
4.8 Wireless & Talk Service Charges
4.8.1 Additional charges and limitations will apply to calls made using the Wireless & Talk Service to numbers that do not begin 01 or 02, being calls to non-geographical, premium rate and international numbers.
4.8.2 To find out the charges and limitations that apply to non-geographical, premium rate and international numbers under the Wireless & Talk Service please visit our website.
4.9 The Wireless & Talk Service may be impaired when you upload or download data using your Broadband Access Service 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 wireless element of the Wireless & Talk Service 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.
4.10 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. There is no telephone number portability. 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 by giving you notice for operational, commercial reasons or to comply with our regulatory obligations.
4.11 In order to maintain the most up-to-date release of the firmware in the Livebox for the continued operation of the Wireless & Talk Service we may automatically upgrade the software in the Equipment 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 when complete reconnect to the Internet.
5. payment agreement - payment handling services
5.1 Orange Payment Service will provide the Payment Handling Services to you. Orange Payment Service will collect and process payments made by you using credit or debit cards or by direct debit. Orange Payment Service shall allocate the amounts due for each of the Services and for any rental payments to the appropriate Orange Company. Orange Payment Service will provide you with the Payment Handling Services using reasonable skill and care and in accordance with the provisions of the Payment Agreement.
5.2 In performance of the Payment Handling Services Orange Payment Service 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.
5.3 In consideration of receiving the Payment Handling Services, you agree to pay to Orange Payment Service the Payment Handling Charge. The Payment Handling Charge will be 2.5% of the total you pay by credit or debit card or by direct debit card and is included as part of the advertised price.
5.4 Orange Payment Service reserves the right to refuse payment by any particular means, for example by credit card, if WPS has reasonable grounds for believing that the payment will not be honoured.
6. general - 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 sending us an email. If you are not the same person as the person who pays the Charges (the "Bill Payer"), then you confirm that you have informed and have obtained permission from the Bill Payer for registering or changing account payment details and to allow us to process such details.
6.2 We reserve the right to check your identity at any time and may request written proof to confirm your identity.
6.3 We will respect your personal information and undertake to comply with all applicable Data Protection legislation. By signing up for the Services and Payment Handling Services you consent to Orange Payment Service and us using and/or disclosing your personal data as follows:
6.3.1 processing your application or changes to your Registration Details, which may involve credit checking by a credit reference agency who may record that a credit check has been made;
6.3.2 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;
6.3.3 providing Registration Details to any telecommunications provider who operates the telephone access network over which the Services are delivered;
6.3.4 providing or arranging for third parties to provide any part of the Services or Payment Handling 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;
6.3.5 you also agree that such service providers may provide such services outside the European Economic Area (EEA) as described in our Privacy and Cookie Policy;
6.3.6 providing you with communications about our Services, special announcements including but not limited to instructions, information, changes to the products, services and prices, organisational and administrative changes; and Service newsletters that shall include but not be limited to Member benefits (which are unconditional rewards rewarding Members for their time with us), competitions and any other relevant information relating to the provision of our Services or the Payment Handling Services;
6.3.7 providing personal data to distributors of the services and Equipment with whom we have a commercial relationship for the purpose of accounting and auditing;
6.3.8 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
6.3.9 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.
6.4 Use of your Registration Data will be in accordance with our Privacy and Cookie Policy. If applicable, our use will be subject to any preferences you set on the registration form in which you have provided Registration Details.
6.5 Other than as required by law, or as permitted under these Agreements, we shall not disclose your Registration Details to any third party without your permission.
6.6 In order to provide you with the Services and Payment Handling 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 and Payment Handling 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. Further details on how we use the information generated from the cookies is set out in our Privacy and Cookie Policy.
7. general - our obligations
7.1 You acknowledge that provision of the Broadband Access Service and the ability to provide the Broadband Access Service is dependent upon our network providers and their ability to provide certain parts of the Service. You acknowledge that there may be technical limitations that inhibit the activation or provision of the Service. We agree to notify our network providers of any issues concerning the Broadband Access Service 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 and the Payment Handling Services may be temporarily suspended for operational reasons (such as maintenance or upgrades), because of an emergency or because third parties (such as the credit or debit card companies or banks through which the Payment Handling Services are provided on whom we rely have withdrawn service or that service is interrupted for any reason. Before suspending or interrupting the Services or Payment Handling 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 a Helpdesk Facility 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 Broadband Access Service shall be conditional upon the Technical Requirements being satisfied. You acknowledge that: (a) it will only be available to you if 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 Broadband Access Service 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 Broadband Access Service. The Wireless & Talk Service operates over the Broadband Access Service and accordingly anything that adversely affects the performance of the Broadband Access Service will impact our ability to provide the Wireless & Talk Service.
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 You acknowledge that due to contention on the telecommunications network the speed of the Broadband Access Service may be reduced or may not be available at times and in such cases the talk element of the Wireless & Talk Service may not be available. Also in some circumstances the speed and limitations of your chosen access equipment, the Equipment or any Livebox may be lower than the Transmission Speed that we provide to you.
7.7 We may take instructions from a person who we think, with good reason, is acting with your permission.
8. general - your obligations
8.1 You agree that you will be responsible for any Equipment that may be provided to you for the purpose of receiving the Broadband Access Service and the Wireless & Talk Service. You will be responsible for all Charges necessary to access and use the Services. You will use any Equipment connected or used with the Broadband Access Service and the Wireless & Talk Service in accordance with any instructions, safety and security procedures applicable to it.
8.2 You agree to notify us of any proposed Move and to keep your Registration Details up to date.
8.3 In order to receive the Broadband Access Service or the Wireless & Talk Service, some minor modifications may need to be made to your computer to make it operate with the Broadband Access Service or the Wireless & Talk Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any licence or warranty you may have concerning your computer or other software on your computer. We shall incur no liability for any claim that your licence or any warranty has been invalidated (if applicable) as a result of work carried out by you, us or our agents (including network providers) in order to make your computer operate with the Broadband Access Service or the Wireless & Talk Service.
8.4 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 password 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.
8.5 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.
8.6 You must not add to, modify or in any way interfere with the Equipment 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 Equipment or other customers' equipment. If you do, you must disconnect from the network immediately, or allow us to do so at your expense.
9. general - 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: (a) in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (b) in connection with the carrying out of a fraud or criminal offence against us or any electronic communications service provider; (c) in relation to the Services, 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; (d) in relation to the Services to send or procure the sending of any unsolicited advertising or promotional material; (e) in a way that does not comply with any instructions we give you under paragraph 8.5; (f) in relation to the Services in a way that in our reasonable opinion could materially affect the quality of any telecommunications service, including the Broadband Access Service or the Wireless & Talk Service; (g) in relation to the Broadband Access Service and Member Services to store more than 1000 emails or 100MB of emails on your Orange email account; (h) in relation to the Broadband Access Service and Member Services to send emails greater than 10MB in size including attachments using an email client application such as Microsoft's Outlook Express; (i) in relation to the Broadband Access Service and Member Services to send emails greater than 3MB in size (including no more than 6 attachments) using the Webmail Interface; (j) in order to resell the use of the Services to a third party; and (k) in relation to the talk element of the Wireless & 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 15.10.
9.3 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 to you if we reasonably believe that you are in breach of such obligations.
9.4 In order to reduce spam from entering and effecting the operation of our systems and the Broadband Access Service and Member 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. broadband agreement - equipment
10.1 If you order any Service for which Equipment is included, we shall deliver the Equipment to your Home. We reserve the right to charge you for 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 transport of the Equipment.
10.2 In the event that the Equipment supplied is faulty we would like you to follow the returns process set out in paragraph 11 (Faulty Equipment). Your statutory rights are not affected.
10.3 We shall use our reasonable endeavours to deliver the Equipment to your Home by the delivery date communicated to you. You should be aware that this delivery date is an estimate and is not guaranteed or of the essence.
10.4 You shall inspect the Equipment immediately upon receipt and inform us by telephone via the Helpdesk Facility within 5 (five) days of delivery of any damage or missing items from the delivery. We reserve the right to supply you with Equipment that may have been refurbished.
10.5 If you fail to take delivery of the Equipment (or fail to give us appropriate delivery instructions) then without prejudice to any other rights or remedies available to us, we may store the Equipment until actual delivery and charge you for the reasonable costs (including insurance) of this storage.
10.6 In order to maintain the most up-to-date release of the firmware in the Equipment for the continued operation of the Broadband Access Service we may automatically upgrade the software in the Equipment 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 when complete the Broadband Access Service will automatically reconnect to the Internet.
10.7 Orange will not provide technical support for wireless connections using Wireless Adapters other than those provided by a Orange Company.
11. broadband agreement - faulty equipment
11.1 If you have a fault with your Equipment please call the Helpdesk Facility. We shall not be liable to you for any fault that is caused by your failure to use the Equipment in accordance with the operating instructions supplied with such Equipment 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 as a result of a fault, you must return the faulty Equipment to Orange (or its appointed agent) within 14 days of receipt of the replacement Equipment in the prepaid returns envelope provided. If you fail to return the faulty Equipment to Orange within 14 days, Orange reserves the right to charge you the full replacement cost for such Equipment unless you can provide Orange with actual proof of postage.
11.2 In the event that the Equipment is faulty, Orange will replace or repair such defective Equipment at its option, provided that your payment of the Charges is up to date and that such fault is not caused by your failure to keep the Equipment safe. Orange reserves the right to replace the Equipment with refurbished Equipment.
12. broadband agreement - responsibility for the equipment
12.1 The Equipment remains our property. You will be responsible to us for any damage to or loss of the Equipment from the moment the Equipment is delivered to you.
12.2 If you do return the Equipment, you shall return it to us in the prepaid returns envelope provided. If we are required to collect the Equipment, we shall be entitled to charge you for the direct costs of so doing.
13. general - complaints procedure
13.1 If you have a complaint about any aspect of the Services or the Payment Handling 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 in our Code of Practice. Once your complaint has been fully investigated we shall reply back to you.
13.3 The above notification 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 the Customer Action Team.
14. general - intellectual property rights
14.1 You will agree to enter into any agreement reasonably required by the owner of the copyright in any software made available to you for the purpose of accessing the Services or Payment Handling Services.
14.2 You acknowledge and agree that all intellectual property rights in the Services and the Payment Handling Services (including, without limitation, the Equipment 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. general - charges
15.1 The Charges shall apply from the Start Date. You shall pay the Charges in accordance with the payment terms set out on our website and, for the Wireless & Talk Service here.
15.2 Payment of the Charges by credit or debit card or by direct debit shall be collected by Orange Payment Service and include the Payment Handling Charge.
15.3 For the Wireless & Talk Service call usage 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 Wireless & Talk 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 the Helpdesk Facility, 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 6 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 as they fall due, 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) and, if applicable, all the Charges that would otherwise have been payable up to and including the date of expiry of the Minimum Period.
15.9 In the event that we suspend the Services or any one of them pursuant to any breach by you of our payment terms or in accordance with right to do so in these Terms of Use, you will be required to pay the Charges for the period that such Services are suspended, including but not limited to any arrears of the Charges.
15.10 We reserve the right to suspend your Wireless & Talk Service 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 Wireless & Talk Service from your Home: (a) in a manner not typical of a residential user including but not limited to continuous use of the telephone connection incurring large call Charges; or (b) with the intent to commit fraud or misuse of the Wireless & Talk Service; or (c) in any other way that may leave us unable to recover full payment for the Wireless & Talk Service provided.
15.11 In order to protect ourselves from potential fraudulent activity or misuse of the Wireless & Talk Service which may result in us being exposed to costs or loss of revenue, we reserve the right from time to time to apply limits to that amount of credit for calls that are made using the Wireless & Talk Service and suspend the Wireless & Talk Service and ask for payment of the Charges if you exceed, or are likely to exceed, the limit we apply to your account.
15.12 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 7 days of the decrease.
16. general - our liability to you
16.1 We do not limit our liability and Orange Payment Service does not limit its 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 or by Orange Payment Service (as applicable).
16.2 We shall not be liable to you and Orange Payment Service 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 or revenue or business interruption or any losses which are not reasonably foreseeable by us or WPS (as applicable).
16.3 We accept responsibility for loss or damage to your physical property as a result of our negligence. We or Orange Payment Service (in relation to the Payment Handling Services) (as applicable) will pay up to £100,000 in any 12 month period for this loss or damage.
16.4 Except as set out in paragraphs 16.1 and 16.3, 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. Except as set out in paragraphs 16.1 and 16.3, any liability Orange Payment Service may have to you, howsoever arising out of these Terms of Use or the supply of the Payment Handling Services is limited to £500 in any 12 month period.
16.5 Orange, Orange Broadband and Orange Payment Service are not liable for any failure to perform their obligations if such party is prevented from doing so by an event beyond that party's 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).
16.6 Each provision of this paragraph 16 operates separately as between you and Orange, between you and Orange Broadband and between you and Orange Payment Service. If any part is held by a court to be unreasonable, inapplicable or unenforceable then the other parts shall still apply. If any part is held by a court to be unreasonable, inapplicable or unenforceable against any of Orange or Orange Broadband or Orange Payment Service, that part shall, for the avoidance of doubt, still apply for the benefit of the other companies or company.
17. general - 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 and the Payment Handling Services from the Start Date. After the Start Date you will not be able to exercise your cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000. The Wireless & Talk Service shall commence on the date referred to in paragraph 4.7.
17.2 The Agreements may be terminated as follows:
17.2.1 the Broadband Agreement may be terminated by the Broadband Supplier on 30 days' notice, unless the Broadband Supplier terminates pursuant to paragraphs 2.3, 2.6, 9.3 and 15.8 without notice;
17.2.2 the Member Agreement and the Payment Agreement may be terminated by Orange or Orange Payment Service (as appropriate) giving you 30 days notice;
17.2.3 the Wireless & Talk Agreement may be terminated by the Wireless Supplier by giving you 30 days' notice;
17.2.4 for each of the Agreements, by you giving notice if the relevant Orange Company informs you of a material change to the Services or the Payment Handling 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 7 days from our or Orange Payment Service' receipt of your notice or the date upon which the amended Agreement, Services or Payment Handling Services would otherwise have taken effect; or
17.2.5 subject to paragraphs 17.1 and 17.3 for each of the Agreements by you giving us 30 days' notice.
17.3 If you give notice of termination of the Broadband Agreement, or the Broadband Supplier terminates that agreement pursuant to paragraph 2.3, 2.6, 9.3 and 15.8 during the Minimum Period, you must pay all Charges that would otherwise have been payable under the Broadband Agreement and the Wireless & Talk 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.
17.4 We may also terminate the Broadband Agreement, the Wireless & Talk Agreement and the Member Agreement or any part of them or suspend the supply of any of the Services to you, immediately and without notice if:
17.4.1 you breach these Terms of Use;
17.4.2 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;
17.4.3 bankruptcy or other insolvency proceedings are brought against you, or if you are unable to pay your debts as they become due, fail to make payments as they fall due;
17.4.4 you are no longer able lawfully to receive the Services;
17.4.5 you no longer have an appropriate residential telephone account as required in these Terms of Use;
17.4.6 we receive a complaint from a third party that appears to be justified regarding your use of the Services; or
17.4.7 we can no longer provide the Services or provide the Services in a way that we deem appropriate.
17.5 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, Wireless & Talk Agreement or the Member 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 Broadband Agreement, Wireless & Talk Agreement and the Member Agreement are terminated and, if at the date of such termination the Minimum Period has not yet expired, all Charges to the end of the Minimum Period. You must also continue to pay the Payment Handling Charge to Orange Payment Service for any Payment Handling Services performed during the suspension and in relation to any such Charges.
17.6 Orange Payment Service may terminate the Payment Agreement, or suspend the supply of the Payment Handling Services to you, immediately and without notice in the event that bankruptcy or other insolvency proceedings are brought against you, or if you are unable to pay your debts as they become due, you fail to make payments as they fall due, or you cancel your continuous payment authorisation preventing Orange Payment Service from collecting payment as it becomes due.
17.7 Subject to paragraph 17.8, on termination of any of the Agreements (but not the Wireless & Talk Agreement) each Orange Company shall have the right to automatically terminate the remaining Agreements immediately and without further notice to you.
17.8 Termination of the Wireless & Talk Agreement shall not in any way effect the Broadband Agreement which shall continue in full force and effect until terminated by you or us in accordance with the terms of that agreement.
17.9 As permitted by law on termination of the Wireless & Talk Agreement, we reserve the right to reuse the Wireless & Talk telephone number that was allocated to you.
17.10 On termination of the Wireless & Talk Agreement for whatever reason, you agree to return to us the Equipment and all parts of it. If you fail to return the Equipment complete and in good working order within 30 days of termination, we reserve the right to charge you for the Equipment at the rate set out in the Price List.
17.11 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.
17.12 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. general - 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 one month's notice in advance, of such alteration taking effect, provided such alteration or amendment does not require any material change to the Broadband Agreement, Wireless & Talk Agreement or the Member Agreement; and
18.1.2 the terms of the Broadband Agreement, Wireless & Talk Agreement or the Member Agreement upon giving you one month's 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, Wireless & Talk Agreement or the Member Agreement (as applicable) upon giving us written notice in accordance with paragraph 19.3.
18.2 Orange Payment Service may alter or amend at any time:
18.2.1 any aspect of the Payment Handling Services upon giving you one month's notice in advance, of such alteration taking effect, provided such alteration or amendment does not require any material change to this Payment Agreement; and
18.2.2 the terms of the Payment Agreement upon giving you one month's 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 Payment Handling Services, you may terminate the Payment Agreement upon giving Orange Payment Service written notice in accordance with paragraph 19.3.
18.3 You will be deemed to have accepted any alteration or amendment to these Terms of Use and these Agreements or the Services or Payment Handling Services if you continue to use the Services or Payment Handling Services after the relevant period of notice has expired.
19. general - 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. Orange Payment Service intends to rely upon the written terms set out in the Terms of Use (as they may be amended from time to time) for the Payment Handling Services that it provides 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 8.2;
19.3.2 to us by telephone by calling Customer Support or by post addressed to Orange Customer Care, Orange Home UK plc, PO Box 486, Rotherham, S63 5ZX; or
19.3.3 to Orange Payment Service by telephone by calling Customer Support or by post addressed to Orange Customer Care, Orange Home UK plc, PO Box 486, Rotherham, S63 5ZX.
19.4 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.
19.5 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.
19.6 Without affecting your right to terminate under these Terms of Use or your other rights, we may transfer the Broadband Agreement, the Wireless & Talk Agreement or the Member 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. 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. Without affecting your right to terminate under these Terms of Use or your other rights, Orange Payment Service may transfer the Payment Agreement to any person taking over the supply of the Payment Handling Services or sub-contract the provision of all or any of the Payment Handling Services or any part of them to any other person without your consent. 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.
19.7 The illegality, invalidity or unenforceability of any provision of these Terms of Use shall not affect the continuation in force of the remainder of these Terms of Use.
19.8 A person who is not party to these Agreements shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms. This paragraph does not affect any right or remedy of any person that exists or is available or otherwise than pursuant to that Act.
19.9 The failure to exercise or delay in exercising a right or remedy under these Terms of Use shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under these Terms of Use shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by law.
20. general - definitions
20.1 In these Terms of Use the following terms shall have the meanings allocated to them:
"Agreements" means the Broadband Agreement, the Member Agreement, the Wireless & Talk Agreement and the Payment Agreement;
"Broadband Agreement" means these Terms of Use, the Price List, the Usage Allowances (each as they relate to the Broadband Access Services), 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 the Broadband Access Service, the Equipment (details of which appear on the Price List), call charges for the Wireless & Talk Service, the Payment Handling Service (if you pay by credit or debit card or by direct debit) and any chargeable Member Services that you select during registration or subsequently (including downloads);
"Customer Support" means our customer support facilities which you can contact in the event you require assistance on 0870 0102462 for the Broadband Access Service, the Member Services and the Payment Handling Services and 0870 220 2002 for the Wireless & Talk Service;
"Equipment" means the Modem and any other ancillary equipment and cables necessary to use the Broadband Access Service or the Wireless & Talk Service that we may provide to you but shall not include the Livebox supplied to you under the Livebox hire agreement;
"Helpdesk Facility" means the telephone facility to report faults in the Services, contactable by telephone on 0870 010 2462 or such other number as notified to you from time to time. Calls are charged at national rates and may be monitored;
"Home" means the residential address in the United Kingdom at which we agree to provide the Broadband Access Service to you and after any Move your New Home shall be considered your Home for the purpose of these Terms of Use;
"Internet Enabled Devices" means equipment (including but not limited to computers and games consoles) that may be connected to the Internet that are set out in our FAQs;
"Livebox" means the router, filters and other ancillary equipment and cables that are supplied to you under a separate hire agreement that enables you to connect your computer and other Internet Enabled Devices through either a wireless interface (using a Wireless Adapter) or a wired interface to the Broadband Access Service and enables us to supply the Wireless & Talk Service;
"Member Agreement" means these Terms of Use, the Price List, the Usage Allowances (each as they related to the Member Services), the Registration Details, and the Technical Requirements;
"Minimum Period" means a period of twelve months commencing from the Start Date or from the date of any Re-grade;
"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 the Broadband Access Service after a Move;
"Payment Agreement" means these Terms of Use, the Price List (in so far as each relates to the Payment Handling Services) and the Registration Details;
"POP email" means email sent and received using software applications such as Microsoft's Outlook Express, where the client software resides on your computer;
"Price List" means the price list published by Orange on our price pages (Broadband) and for Wireless & Talk setting out the Charges and the rate applicable to the Payment Handling Charge payable for the Services , Equipment and Payment Handling Services, as the case may be and as may be amended by us from time to time;
"Privacy and Cookie Policy" means the privacy and cookie policy governing our use of the personal information that we collect from you in connection with the Services and Payment Handling Services and set out here;
"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;
"Re-grade" means your entitlement, as provided further in these terms and conditions, to switch the Usage Allowance of your Broadband Access Service;
"Service Availability Area" means a geographic area specified by us where the Broadband Access Service is potentially available, as published on our web site as may be amended from time to time;
"Start Date" means in relation to the Broadband Access Service, 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 e-mail, when you first start to use the Broadband Access Service, whichever of these happens first;
"Technical Requirements" means the requirements to enable the Service to be provided to you as published on our web site;
"Terms of Use" means the specific terms applicable to each of the Services and the Payment Handling Services, together with the General Conditions;
"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 Transmission Speed available to you will be affected by the operational and technical characteristics of your phone line and your chosen access equipment, Livebox or the Equipment that you connect to the Broadband Access Service;
"Usage Allowances" means the limit of the total amount of data you may download/and or upload each month using the Broadband Access Service. Details of the Usage Allowances for each type of the Broadband Access Service are published on our website;
"Orange Companies" means Orange, Orange Broadband, Orange Payment Service 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;
"Webmail Interface" provides web access to your email to enable you to send and receive emails from any computer attached to the Internet;
"Wireless Adapter" means the USB or FireWire device that allows your computer to communicate to the Livebox via a wireless link;
"Orange Livebox" means these Terms of Use, the Price List (each as they relate to the Wireless & Talk Service and the Registration Details;
"you/your" means the person with whom we make these Agreements, as specified in the Registration Details.