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terms of use for Orange Any Time
Notice: These terms and conditions (the "Terms of Use" or this "Agreement") set out the agreement between you and us under which we will provide you with access to the Internet using our Pay As You Go or Any Time services and related services and applications, for example, email facilities and personal web space. It is, therefore, very much in your interests to read them carefully.
If there is anything in the Terms of Use that you do not understand then please contact our Customer Care Department as soon as possible by calling 0844 412 2202 (the "Customer Number"). Please note that calls to the Customer Support Number are charged at national rate and may be monitored for training, security and quality assurance purposes. If you do not understand any of the terminology used in the Terms of Use then please refer to our Internet glossary.
Access to the Internet and our related services and applications consist of two distinct service elements, a telephone access element and Orange Member Services.
The Orange Member Services comprise various Internet based services available to Members of Orange, for example email facilities including POP email (emails sent and received using software applications such as Microsoft's Outlook Express, where the client software resides on your computer) and Webmail Interface (your email account accessed using a web application from any computer connected to the Internet), personal web space, access to the World Wide Web and other services and applications (the "Member Services").
The telephone access element enables your equipment to be connected to and access the Member Services. The telephone access element is provided either by the Pay As You Go service, a metered product with per minute call charges ("Pay As You Go"), or by Any Time, a flat-rate product with a fixed monthly fee ("Any Time").
In this Agreement the term "Services" will mean the Member Services together with whichever of the telephone access elements you use from time to time to obtain access to the Member Services.
Unless otherwise stated, the Services shall be provided to you by Orange Home UK Limited, a company registered in England and Wales (company number 3014367); whose registered office is located at St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol BS32 4QJ ("Orange").
1. becoming an Orange member
1.1 You can only become a Member of Orange (a "Member") if:
1.1.1 You have a valid contract with BT for telephone services; and
1.1.2 You have a computer with Internet Explorer 5.0 or above.
1.2 To subscribe to Any Time you must complete the Any Time registration by supplying the registration data requested. You may subscribe to Any Time using a sign up CD ROM or via our website or using other methods as introduced by us from time to time. Once you have successfully registered for Any Time (which will include agreeing to the Terms of Use) and such registration has been accepted by Orange you will become an Any Time subscriber and you will be able to use Any Time to access the Member Services. As an Any Time Member you also have access to the Pay As You Go service where if you use this service you will pay your telephone service provider per minute call charges. In the event that your Any Time subscription is cancelled you will be asked if you wish to become a Pay As You Go Member.
1.3 You must ensure that the information that you give to us during registration is true, correct and complete. If there are any changes to your registration details you must inform us immediately either by calling the Customer Support Number or by sending us an email . If the Orange Member is not the same person as person who pays the Charges, then the Orange Member warrants that they have informed and have obtained from the bill payer the necessary consents and permissions for registering or changing account payment details and to allow Orange to process such details.
1.4 By signing up for the Services you consent to our using and/or disclosing your personal data as follows:
1.4.1 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;
1.4.2 disclosing certain personal details including account details to a bank, credit card operator or other payment processor for the purposes of setting up a continuous payment authority;
1.4.3 providing registration details to any telecommunications provider who operates the telephone access network over which the Services are delivered;
1.4.4 providing or arranging for third parties to provide any part of the Services including but not limited to customer care facilities and billing, email and tools and services, which may involve disclosing information about you to third parties solely for this purpose and who may provide such services outside the European Economic Area (EEA) as described in Orange's Privacy and Cookie Policy;
1.4.5 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;
1.4.6 providing personal data to distributors of Orange Internet access products with whom Orange have a commercial relationship for the purpose of accounting and auditing.
1.4.7 the caller line identification (CLI) number that is last used to access our Services may be used by Orange to contact you in the event that we are unable to contact you using the telephone number that you provided with your registration details.
1.5 Otherwise, we will only use any personal data you provide in accordance with our Privacy Policy and subject to any preferences set by you during the registration process.
1.6 During registration for any of the Services, we will issue you with a username and a password which are essential for your secure use of the Services. You will be responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorised person. If you think that your username or password has been discovered or is being misused by someone else then you must tell us immediately and take all steps necessary (or requested by us) to prevent such use. If we think there is likely to be a misuse of the Services because of a breach of security we may:
1.6.1 suspend your use of the Services; and/or
1.6.2 change your password and then notify you that we have done this.
1.7 We may accept instructions in connection with the Services from someone we are satisfied has your authority and, you agree that you will be responsible for all use of the Services whether or not authorised by you.
1.8 When you have registered for Any Time we will provide you with, Any Time and the Member Services immediately subject to you completing the install procedure. The Member Services and Any Time are provided immediately when you register, therefore, you will not be able to cancel the contract under the Consumer Protection (Distance Selling) Regulations 2000 prior to any minimum contract term that you have agreed to.
2. what you'll get as an Orange Member or Any Time subscriber
2.1 By becoming a Member, you will be able, using access equipment, for example a personal computer, PDA, Internet enabled television or WAP telephone (each meeting the relevant specification described on the Orange website), to access the Member Services through a Pay As You Go dial-up telephone connection charged on a per minute basis. By becoming an Any Time subscriber, you will be able, using a computer, to access the Member Services through an Any Time dial-up telephone connection on payment of a monthly charge. Any Time dial-up connection is only available from the telephone number that you gave during registration or subsequently notified to us. Our Internet call packages are described on the Orange website.
2.2 You will be responsible for any access equipment that you use in connection with the Services and you must use such equipment in accordance with any instructions and safety and security procedures applicable to it. Failure to do so may mean that you are unable to access the Internet and the Member Services.
2.3 You will be able to use certain web pages owned and operated by Orange (including their content, search facilities, directory services, personal web space, email, newsgroups and other Internet services as amended and updated from time to time) that are not available to non-Members. We also offer a number of services that are available to both Members and non-Members through our portal, in respect of which specific terms and conditions, available on our website, will apply.
2.4 Calls made to access the Member Services must be made either by the Pay As You Go service or Any Time using dial-up numbers and any dial-up application software (the "Dialler") that we will provide you with at the time you register for Pay As You Go or Any Time. Any calls made without using the correct dial-up numbers provided to you by us will remain your sole responsibility. We may make changes to your dial-up numbers at any time. Orange will provide all other Services to you with reasonable skill and care and in accordance with the provisions of this Agreement.
2.5 In order to prevent spam from entering and effecting the operation of our systems and Service, Orange may take any reasonable measure 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 warrant that such technology will be effective against all virus attacks.
3. charges
3.1 The charges we will make will depend on the Internet call package or chargeable Member Services that you selected during registration or subsequently. All charges will be made in pounds sterling and a price list for the standard Internet call packages that we offer is available on our website. Other charging packages may be separately notified to you from time to time.
3.2 In respect of Any Time or any chargeable Member Services we will collect payment from you for all charges in advance using the payment method you selected when you registered or subsequently notified to us. Your first payment will be debited from your selected payment method within 28 days of you completing the registration process and subsequent payments shall be made by means of a continuous payment authorisation using the credit or debit card or through your bank account using the details that you provided to us during registration or which you subsequently notify to us.
3.3 If we are unable to collect the payments from you as they fall due, we may suspend or cancel Services and may forward the debt to an external agency for collection. You will pay our reasonable costs and expenses for collecting any late payments.
3.4 We reserve the right to vary the charges for the Services and to introduce new payment methods at any time by writing or sending an email to you notifying you of the changes.
4. your use of the services
4.1 In order to access the Services you must make your telephone number or Caller Line Identification available when connecting to the Services. If you choose to restrict presentation of your telephone number or CLI, we may take such steps as we consider necessary to override that restriction on a per call basis. You consent to any steps we take to override the restriction on the telephone number or CLI presentation in order for us to provide you with the Services.
4.2 Any Time is for consumer use. If you use the Services for business purposes you do so on the basis of an end user consumer particularly with respect to the treatment of VAT and you agree that you do so without any conditions, guarantees, warranties, whether express or implied including but not limited to any warranties or conditions as to satisfactory quality or fitness for a particular purpose, which are expressly excluded to the maximum extent permitted by law. You will not hold us responsible for any loss of profit, business, opportunity, goodwill, reputation, revenue or savings you expect to make, wasted expenditure or data being lost or corrupted. Nor will you hold us liable for damages which may or may not have been foreseeable at the time you entered the contract.
4.3 You shall comply with any policies or guidelines we publish governing how you are allowed to make use of the Services ("Acceptable Use Policy").
4.4 You shall not use, and shall take all reasonable steps to ensure that no other person uses, the Services:
4.4.1 in a way that does not comply with the terms of any laws or any licence applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
4.4.2 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;
4.4.3 to spam or send or procure the sending of any unsolicited advertising or promotional material;
4.4.4 to cause annoyance, inconvenience or needless anxiety;
4.4.5 to send or upload any material that contains viruses, Trojan horses, worms, time bombs or any other harmful programs;
4.4.6 in a way that does not comply with any instructions that we or our agents have given to you (including instructions that we or our agents believe are necessary for health or safety reasons or to maintain the quality of the Services);
4.4.7 to store more than 1000 emails or 100MB of emails in your email account with us;
4.4.8 to send POP emails greater than 10MB in size (including attachments) or send emails greater than 3MB in size (including no more than 6 attachments) using the Webmail Interface;
4.4.9 to provide bureau services, or resell the Services, to any person.
4.5 If you have not followed the above guidelines or Acceptable Use Policy, you agree to indemnify us and/or our agents against any costs or losses we and/or our agents may incur as a result of any claims or legal proceedings that are brought or threatened against us and/or our agents by anyone else.
4.6 In order to provide you with the Services, Orange will attach cookies to your system that are essential to enable us to identify you as a Member 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. Further details on how we use the information generated from the cookies is set out in our Privacy Policy.
5. limitations on the services
5.1 You should note that various elements of the Services are not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the Services are virus or error free. You should check all emails, attachments or files before downloading them.
5.2 We take reasonable steps to safeguard the security of any information you input or send to us in connection with the Services by using secure servers and encryption technology, however, we accept no responsibility for any damage that you may suffer as a result of the loss of confidentiality of such information.
5.3 You acknowledge that licensed telephone operators provide the telephone networks which are utilised by us and therefore we cannot guarantee that the Services will be uninterrupted or error free. Similarly, we cannot guarantee that the transmission of information over the Internet will be secure or that you will be able to access the Internet at all times or at the speeds that we have indicated are available.
5.4 As part of the Member Services we may provide you with email facilities, web hosting and other services that involve us providing storage space on our computers. In order to manage our computers and services we may restrict the amount of storage space provided. Limits may be by reference to the physical amount of web space made available to you, the number of email messages held, the size of any attachments sent or any other method we may specify. We reserve the right to vary these limits from time to time and we will keep you informed by email of any changes. We also reserve the right to refuse to accept material and/or to delete material, which exceeds the relevant limit. The current limit is as set out in Clauses 4.4.7 and 4.4.8 above.
5.5 Internet access is subject to our network traffic management controls. We reserve the right to disconnect you from the Internet after 2 hours continuous use and/or 20 minutes of inactivity during connection. As a consequence, our Any Time dial-up Internet access package may not be suitable for downloading files which require continuous connection in excess of these times.
5.6 We may provide you with software that enables you to use the Services. You must not copy or modify this software (unless allowed by law) or use it for any purpose other than to access the Services in accordance with these Terms of Use. If specified by us, you must only access the Services using this software or in an alternative way that we have authorised.
5.7 The Services and associated software are provided to you for your use only and you must not resell, transfer, assign or sub-licence them or any part of them to any other person.
6. suspension and termination of the services
6.1 If you do not follow the guidelines set out under Clause 4 then we may suspend or terminate the Services. We may also suspend or terminate the Services or any part of them if you fail or have failed to pay any charges for any other service that we or our affiliates may supply or you have used such services in breach of the applicable terms and conditions.
6.2 In the case of Pay As You Go, we reserve the right to suspend or terminate your use of the Services without notice if you do not connect to the Internet using the Member Services at least once in each period of 90 days.
6.3 We reserve the right to suspend, restrict, or terminate your access to the Services or any part of them if we believe your use of the Services causes or is likely to cause the whole or part of the Services to be interrupted, damaged, rendered less efficient or in any way impaired.
6.4 You understand that as a flat rate Internet user, Any Time is not intended to be available on an "always on" basis and we may suspend your access if we think that you are using Any Time in a manner which, in our opinion, makes abnormal demands on the network from a single connection and/or amounts to unreasonably excessive use of Any Time.
6.5 We may need to temporarily suspend any or all of the Services without notice in order to repair, maintain or improve the Services or our network, or in an emergency. If we need to do this we will try to keep you informed and to keep interruptions to a minimum, although we cannot always guarantee to do so.
7. our rights and obligations
7.1 We reserve the right to forward your contact details to the police, or other regulatory or government authorities where properly requested to do so; we may also forward contact details where a complaint arises concerning your use of the Services and where that use is deemed by us to be inconsistent with these Terms of Use.
7.2 Your dealings with, and interest in, promotions, services, or merchants found via the Member Services are solely between you and the person with whom you are dealing unless we expressly state otherwise.
7.3 We, or our merchants and content providers found via the Services, may provide links to other web sites or resources. We are unable to accept responsibility for these web sites or resources; neither have we endorsed their content, products or services merely because they are accessible via the Services.
7.4 We make all reasonable efforts to ensure that all information provided by us in connection with the Member Services is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of such information. If you are aware of any inaccuracies please call our Customer Support Number 0844 412 2202 and we shall make the necessary changes.
7.5 As part of the Service, we provide you with links to websites over which we have no operational control. If you access such websites you do so at your own risk. You shall be solely responsible for any decisions and actions taken based on the information contained on such websites.
7.6 Some modifications may need to be made to your computer to use the Services and it is your responsibility to ensure that such modifications do not invalidate the terms of any warranty or contracts you may have in relation to the computer. We shall have no liability for any claim that your warranty has been invalidated or a contract breached as a result of work carried out by you, us or our agents in order to make your computer operate with the Services.
8. terms and termination of this agreement
8.1 This Agreement will operate from the time we accept all your registration details during the registration process and will continue unless and until terminated by either of us as set out under Clause 6 and this Clause 8.
8.2 You may terminate either:
8.2.1 your use of Any Time and continue to use Pay As You Go and the Member Services (with the use of Pay As You Go or the Member Services being in accordance with this Agreement); or
8.2.2 your use of all the Services and this entire Agreement; at any time and without reason, on the same day as you give notice to us by telephone.
8.3 We may terminate this Agreement or any part of it, at any time for any reason on one month notice to you, unless we terminate pursuant to Clause 6 without notice.
8.4 We may also terminate the Agreement or any part of it or suspend the supply of any of the Services to you, immediately and without notice if:
8.4.1 you breach these Terms of Use;
8.4.2 you or any person using your account misuses the Services in any way, including, without limitation, misuse in the manner set out under Clause 4.4;
8.4.3 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, or you cancel your continuous payment authorisation preventing us from collecting payment as it becomes due;
8.4.4 you are no longer able lawfully to receive the Services;
8.4.5 you no longer have an appropriate residential telephone account from which the Internet is accessed or satisfy the conditions for becoming a Member as set out in Clause 1.1; or
8.4.6 We can no longer provide the Services or provide the Services in a way that we deem appropriate.
8.5 If the Services are suspended or restricted by us, as described under Clause 6, you must continue paying charges (if applicable) unless and until this Agreement is terminated.
8.6 In the event that this Agreement is terminated for any reason other than under Clause 8.3, you will remain responsible for all charges due under this Agreement until the end of the month in which this Agreement is terminated but you will not be entitled to a refund of any charges already paid in advance. Where we terminate this Agreement under Clause 8.3 and do not offer comparable services to replace the Services you shall be reimbursed for amounts you have paid in advance on a pro-rata basis from the date of expiry of the notice given under Clause 8.3.
8.7 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.
9. our liability to you
9.1 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.
9.2 We screen emails against known viruses using a third party's antivirus software before we deliver emails to your Orange email account. However, it cannot be guaranteed that all viruses, trojans or other items will be filtered out before infecting your computer. We recommend that you protect your computer by installing a virus checker and firewall.
9.3 Orange shall not be liable to you, either in contract, tort (including negligence) or otherwise for any losses which are related to you or your business such as loss of data, loss of profits, loss or revenue or business interruption or any losses which are not reasonably foreseeable by us.
9.4 Except as set out in Clause 9.1 any liability we may have to you is limited to £5000 in any 12 month period.
9.5 We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (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).
9.6 If any provision of this Agreement is held by a court to be unreasonable, inapplicable or unenforceable such provision will be deemed removed without affecting the remaining provisions.
10. complaints procedure
10.1 If you have a complaint about any aspect of the Services, please let us know by calling the Customer Support Number and we will endeavour to resolve any complaints as soon as is reasonably possible.
10.2 If you are not satisfied that your complaint has been resolved, you can escalate your issue, in writing, to Orange Customer Care, Orange Home UK Limited,
11. giving notice
11.1 Unless otherwise provided in these Terms of Use, any notices must be sent by email, post or delivered by hand as follows:
11.1.1 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 Clause 11.1.2; and
11.1.2 to us by telephone by calling the Customer Support Number or by post addressed to Orange Customer Care, Orange Home UK Plc,
11.2 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.
12. changes to the services or the terms of use
12.1 We may alter and/or amend at any time:
12.1.1 any aspect of the Services upon giving you one month notice in advance, of such alteration taking effect, provided such alteration or amendment does not require any material change to this Agreement; and
12.1.2 this Agreement upon giving you one month notice in advance of any such amendment taking effect. If, upon receiving any such notice, you do not wish to continue with the Services, you may terminate the Agreement upon giving us written notice. Subject to Clause 8.6, your notice shall take effect upon the earlier of 7 days from our receipt of your notice or the date upon which the amended Agreement would otherwise have taken effect.
12.2 You will be deemed to have accepted any alteration and/or amendment to the Agreement and/or the Services if you continue to use the Services after the relevant period of notice has expired.
13. other things you need to know
13.1 You may not transfer this Agreement or any part of it to anyone else.
13.2 Without affecting your right to terminate this agreement under Clause 8.2 or your other rights, we may transfer this Agreement to any person taking over the supply of the Services or sub-contract the provision of the Services or any part of it to any other person without your prior consent by giving you notice. 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.
13.3 If any part of this Agreement is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Agreement.
13.4 If either of us delay or fail to enforce any right under this Agreement that will not be deemed to be a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
13.5 We intend to rely upon the written terms set out in this Agreement for the Service that we provide to you. We acknowledge that you may receive written and verbal information from our Customer Services staff which shall also be incorporated into this Agreement.
13.6 Nothing in this Agreement is intended to create any rights under the Contracts (Rights of Third Parties) Act 1999, which is enforceable, by any person who is not a party to this Agreement. Nothing in this Agreement shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
13.7 The provision of the Services and the application of this Agreement are governed by English Law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Agreement.
These pages were revised on 28 April 2009 and are subject to copyright © Orange Home UK plc. Version 1.8
