NVP-300 User's Manual

TAG:  voip call 

Published Time: -

Filetype: pdf

Filesize: 1322483

Your Office Anywhere Service Schedule, Charging Schedule
and Terms and Conditions Service Schedule 1. Service Description 2. Service Levels 3. Responsibilities of the Customer and BT 4. Charges 5. Additional Conditions 6. Definitions Conditions 1. Commencement 2. Provision of the Service 3. Regulations and use of the Service 4. Charges and Payments 5. Changing this Contract 6. Ending this Contract 7. Limitation of Liability 8. Intellectual Property and Confidentiality 9. General Terms • Matters beyond Reasonable Control • Escalation and Dispute Resolution • Transfer of Rights and Obligations • Severability • Survival • Entire Agreement • Waiver • Rights of Third Parties • Notices • Law and Jurisdiction • Data Protection • Customer’s Instructions 10. Definitions Contents 1.8
Except as stated in this Contract, the
Customer is responsible for providing
suitable computer hardware, Software, and
telecommunications equipment and services
necessary to access and use the Service. 1.9
This Contract does not include the
provision of telecommunications services
(including access to the Internet) necessary
to connect to the Service. 1.10
Where BT provides the Service for use by
the Customer with applications, products,
and services not provided by BT, BT is not
responsible for the performance of such
applications, products and services. 1.11
The Customer acknowledges that BT has no
control over the information transmitted
via the Service and that BT does not
examine the use to which customers put
the Service or the nature of the information
they are sending or receiving. BT excludes
all liability of any kind in relation to such
information and use. Service Start Date 1.12 The Service Start Date for the Core OA Service will be the date that BT Mobile
is first made available to the Customer,
or the date the Customer first uses BT
Mobile. This applies irrespective of when
the Customer starts to use BT VoIP, BT
Business Email or BT Openzone. 1.13 If the Device is not supplied to the Customer pre-activated then, if the
Customer does not activate the Service
within 7 days, BT may fully activate the
Core OA Service for the Customer. 1.14
The Service Start Date for BT Openzone is
the date that BT Openzone is first made
available to or used by the Customer. Minimum Period 1.15 Unless otherwise stated in the Charges Schedule (where a Charges Schedule is
provided), or the Welcome Letter (where
this contains charges) the Minimum Period
is as follows: (i) for the Core OA Service - 24 months from the Service Start Date; (ii) for each SIM Card – 24 months from the date of activation of that SIM Card; and (iii) for BT Openzone - 12 months from the Service Start Date. BT Mobile
Description of BT Mobile 1.16
BT Mobile is a mobile wireless
communications service that includes: (a) the ability to make and receive voice calls; (b) the ability to send and receive information (including messaging
services such as SMS or MMS or e-mail
or accessing information from the
Internet); and 1. Service Description Service Overview 1.1
BT Office Anywhere provides the following
service functions on a single Device: • BT Mobile • BT VoIP • BT Business Email (only with the BT hosted email option) • BT Openzone (optional) BT Mobile, BT VoIP and (where the BT hosted email
option has been ordered by the Customer) BT
Business Email form the Core OA Service. Important Note: The Device cannot make 999, 112
or 911 emergency calls using VoIP. All such calls will
be placed over the GSM network. BT recommends
that the Customer makes alternative arrangements
to cover circumstances such as a loss or poor
coverage of the GSM connection. The ability to make
999 or 112 emergency calls cannot be guaranteed. Access 1.2 The Service can be accessed via: (a) GSM (including GPRS); and/or (b) WiFi, depending on where the Device is being used and
the access arrangements the Customer has. 1.3
If the Customer accesses the Service
via a WiFi Hotspot that does not use BT
Broadband or BT Openzone then: (a) broadband access speed; (b) VoIP voice quality; and (c) some other service features and service levels, may be affected. 1.4
Internet connection speeds, bandwidth and
the ability to access certain websites will
vary depending on the access method used
and whether or not the WiFi Hotspot uses
BT Broadband or BT Openzone. BT cannot
be responsible for the websites available
to the user when the access method is not
provided and supported by BT. 1.5
In order for BT to provide the Service the
Customer must already have a BT Retail
Business PSTN line (single line, multi-line,
FeatureLine, ISDN or Business Highway). General 1.6
The Service may be impaired by geographic
or atmospheric conditions. 1.7
BT will allocate a number for use with each
SIM Card only. The number does not belong
to the Customer and may only be transferred
to another service provider in certain
circumstances. BT Customer Services can
provide further details on request. Service Schedule for BT Office Anywhere   1.25 When a Device is connected to a WiFi Hotspot where Internet access is available
and BT VoIP is authorised, BT VoIP will be
enabled and the green BT VoIP icon will be
shown on the Device display home-screen. Quality of BT VoIP 1.26 BT aims to provide a continuous service, but the Service may be impaired by
other use of the WiFi Hotspot such as
uploading or downloading by the Device
or by other users of the WiFi Hotspot. The
voice quality of the VoIP call may also be
impaired by the number of users or speed
and contention of the Internet connection. Use of BT VoIP 1.27 BT will allocate a VoIP account for use with each SIM Card. The BT VoIP service can be
used to make international calls whilst in
the UK and outside the UK provided that
the Customer has access to a WiFi Hotspot
and the BT VoIP Available icon is showing
on the Device display. It is possible to
ensure the GSM network is not used by
selecting the option of “Broadband Only”
on the VoIP settings. Should a call be made
from outside the UK and the GSM network
is used, this call will be charged on the
Customer’s bill as a GSM call. 1.28 The use of BT VoIP may contribute to the usage of the broadband line. BT Business Email 1.29 Where referred to in this Contract, BT Business Email means BT Business Email
Plus Organise and Share. BT Business
Email is an email service providing real
time synchronisation, hosted by BT
using Microsoft Exchange technology.
The Customer can retrieve mailbox data,
including email, calendar, tasks and
contacts at any time from anywhere via the
Device or any other suitable equipment,
subject to suitable access. 1.30 Where the Customer hosts the Microsoft Exchange technology itself, the Customer
is wholly responsible for the configuration
and support of: (a) the Microsoft Exchange software hosted on its server; (b) any hardware including any upstream security and firewall configuration and
management; and (c) any downstream LAN configuration necessary to provide a working push
email solution. BT will provide links on www.bt.com to online
support including Frequently Asked Questions and
technical information for the integration to allow
push email service through use of the Microsoft
Direct Push technology. Microsoft Exchange
certified engineering support is available from BT,
subject to an additional charge. (c) any other facilities that we agree to provide under this Contract including
Content. 1.17
BT Mobile includes the supply of a SIM
Card and a Device for each connection to
BT Mobile service. Quality of BT Mobile 1.18 BT Mobile is not available in all parts of the United Kingdom nor in all other countries (as
service there is provided over other operators’
networks over which BT has no control). Use of BT Mobile 1.19
BT may bar certain numbers from BT Mobile
on a temporary or permanent basis where
in BT’s reasonable opinion it is necessary
to do so, or BT may reduce the number and
length of voice and text messages left on
the Customer’s message service. 1.20 If the Customer wishes to make international calls, use international
roaming or premium rate services BT
may ask the Customer to demonstrate
a satisfactory billing history or to pay a
deposit that may be used to offset the cost
of these calls. If the Customer uses a SIM
Card abroad the Customer will be charged
for incoming calls. International roaming
calls may take longer to be billed. 1.21 The Customer must not connect, continue connection or knowingly allow any
third party to connect or continue the
connection of any GSM Gateway to the
Network: (a) where it is illegal or where the Customer is aware or should be aware that such
connection is for illegal purposes; and (b) without BT’s prior written consent. BT VoIP
Description of BT VoIP 1.22 BT VoIP enables a voice call using the Internet. The Customer can use BT VoIP
by enabling the WiFi on the Device and
connecting to a WiFi Hotspot that has
access to the Internet. 1.23 BT VoIP service can only be used when the SIM Card provided by BT with YOA is
in the Device and the SIM Card is active (a
security feature). 1.24
A Device can make a BT VoIP call when
connected to the Internet using WiFi: (a) when it is in range of a WiFi Hotspot and VoIP communication is allowed; and (b) the WiFi Hotspot security key, if any, is known and entered into the Device. The
Customer needs to connect to a WiFi
Hotspot before a VoIP call can be made.   BT Openzone
Description of BT Openzone 1.39 BT Openzone is independent of GSM data usage. BT Openzone can be used
in BT Sites. BT Openzone is available on
a subscription and a per minute basis as
specified in the Charges Schedule and/ or
Welcome Letter. 1.40 BT Openzone:
(a) uses the WiFi technology in the Device to enable the Customer to connect to BT
Sites and be able to send and receive data; (b) is a wireless data service using radio frequency to access a BT Site. Fixed
line connections from the BT Site
connect the Customer to the BT
Network and subsequently on to the
Internet or, if applicable, the Customer
Network; and (c) includes connection to the BT Network and if required the Internet but does
not include a connection from the BT
Network to any Customer Network
or any services once the Customer is
connected to the Internet. Quality of BT Openzone 1.41
The Customer can make BT VoIP calls
from BT Openzone WiFi Hotspots without
having the BT Openzone service. If the
Customer wishes to access other services
(e.g. BT Business Email) via a BT Site the
Customer must have BT Openzone. 1.42
BT Openzone is dependent on the
suitability of Customer’s computing
equipment (should the Customer use
equipment other than the Device) and, if
applicable, the Customer Network. 1.43
When the Customer is located within
the radio frequency coverage area of a
BT Site the Customer may connect to BT
Openzone using the Customer’s computing
equipment and login name and password. 1.44 Due to the nature of the BT Openzone service the Customer acknowledges
and accepts that BT does not guarantee
the security of the BT Openzone service
against unlawful access or use. 1.45
BT does not authorise or guarantee access
to any of the BT Sites for the Customer to
use BT Openzone service or guarantee that
BT Openzone service will continue to be
available from a specific BT Site. Use of BT Openzone 1.46 BT Openzone service must not be used in contravention of the BT Openzone
acceptable use policy located at www.
btopenzone.com/terms/acceptable_use_
policy.jsp , the acceptable use policies of
any connected networks and the Internet
standards. The acceptable use policies
may be amended from time to time. The
acceptable use policy also specifies actions
BT may take to ensure the Customer’s 1.31 Where this Contract refers out to details set out on www.bt.com, only the details
specifically referred to form part of this
Contract. Standard Features 1.32
BT Business Email includes a number
of features, details of which are set out
at www.bt.com. The features may be
modified or varied by BT from time to time. 1.33 BT Business Email includes the help and fault reporting facilities described in
paragraph 2 below. This is not available
in relation to the Customer’s Microsoft
Technology that is not hosted by BT. Service Functionality 1.34 In order to access BT Business Email, the Customer must have the minimum system
requirements detailed on www.bt.com. Use of BT Business Email 1.35
The Customer agrees that BT Business Email: (a) will be accessed as permitted by BT and the Customer will not attempt at
any time to circumvent system security
or access the source software or
compiled code; and (b) is protected by copyright, trademark and other intellectual property rights,
as applicable. The Customer must not and must not permit anyone else to
copy, store, adapt, modify, transmit
or distribute the Service except to
Authorised Users. Storage, Back Up And Recovery 1.36 Authorised Users will be automatically notified by email when the allocated
storage capacity is nearing the defined
limit. Additional Mailbox storage can be
ordered. Additional Mailbox storage incurs
additional charges as set out in the Charges
Schedule (if any) or the Welcome Letter or
as otherwise advised by BT. 1.37 Back-up will be provided by:
(a) on a rolling 1 day “Deleted Items” cache that can be accessed by
Authorised Users; and (b) “disaster recovery” - daily incremental and weekly full back ups will be stored
by BT for 28 days following the end of
the week to which the back-up relates.
Lost email retrieval will be charged for
at BT’s standard applicable rate. System Administration 1.38 BT will perform routine system administration of the BT Business Email,
including server, network and security
monitoring.   Security and Virus checks 2.7
All commercially available web browsers
will use SSL (Secure Socket Layer)
encryption when connecting to the
Business Email service. 2.8
The Service will include Virus Scanning
services details of which are set out on
www.bt.com. 2.9
BT cannot guarantee that the Virus
Scanning services will detect 100% of
email viruses, however, BT will ensure that
the signature files are as up to date as it
reasonably can. 2.10
In order to assist in early detection
of viruses for additional security,
BT recommends that the Customer
implements up to date virus scanning (at
its own expense) on all its PCs. 3.
Responsibilities of the customer and BT General 3.1 The Customer agrees: (a) to use the Service in accordance with this Contract, and any instructions BT
may give the Customer; and (b) that all factual information it provides to BT is correct. Security 3.2
BT does not guarantee the security of the
Service against unlawful access or use. 3.3
BT will provide Usernames and passwords
to the Customer. 3.4
The Customer is responsible for the
security and proper use of all Usernames
and passwords used in connection with the
Service (including changing passwords on
a regular basis) and must take all necessary
steps including ensuring adequate internal
security policies to ensure that they are
kept confidential, secure, used properly
and not disclosed to unauthorised people. 3.5
The Customer must immediately inform BT
if there is any reason to believe that any
Username or password has or is likely to
become known to someone not authorised
to use it or is being or is likely to be used in
an unauthorised way. 3.6
The Customer must not change or attempt
to change a Username. If a Customer
forgets or loses a password or Username
the Customer must contact BT and satisfy
such security checks as BT may operate. 3.7
BT reserves the right to suspend Username
and password access to the Service if at
any time BT considers that there is or is
likely to be a breach of security or misuse
of the Service. compliance and by accepting the terms of
this Contract the Customer authorises BT
to take such actions. Other 1.47
BT provides a list of BT Sites offering
availability of the BT Openzone service
published at the BT Openzone Web Page. 2. Service Levels General 2.1
Unless stated otherwise below, the Customer
should report any faults in the Service to
BT Customer Services. The opening hours
and contact details of BT Customer Services
are as set out in the Welcome Letter or as
otherwise advised by BT. 2.2
BT will repair the fault as soon as
reasonably practicable. Following initial
fault diagnosis by BT, BT will report faults
that not attributable to the Service back to
the person who reported the fault. 2.3
BT is not responsible for the performance
of the Internet or the Customer Network. Devices 2.4
Devices include a 12 month manufacturer’s
guarantee from the date of delivery to the
Customer and are subject to the terms of the manufacturer’s warranty supplied with the
Device. If a fault occurs that is covered by
the warranty, the Customer should report
the fault to BT Customer Services which will
arrange for the faulty Device to be repaired
or replaced as soon as reasonably practical.
If there is a fault in a Device and the warranty
has expired or does not apply the Customer
may need to buy a new Device. BT Business Email
Fault Monitoring 2.5
BT will provide fault monitoring of BT
Business Email 24 hours a day 7 days a week. Scheduled Service Availability 2.6
The Service is scheduled to be available
24 hours per day, 7 days a week. The
Customer acknowledges that such
availability is not guaranteed: (a) where significant changes are planned BT will provide a minimum of 28
days notice when it is reasonably
practicable to do so; and b) any notices to be given under this Service Schedule will be sent to the
Admin User at the email address as
notified by the Customer to BT from
time to time.   of its access to BT Business Email
including configuration of its network,
firewall, DNS, routers and PCs. BT
accepts no liability for whatever reason
due to incorrect configuration of any
of the above by the Customer; and (e) introduction and maintenance of a virus protection policy to cover all equipment
and internal procedures used to access
BT Business Email that will be made
available to BT upon request. 4. Charges General The followIng terms apply in addition to the
Charges and Payment terms set out in the
Conditions 4.1
Charges for the Service, Devices and any
other equipment are set out in the Charges
Schedule (where a Charges Schedule is
provided) or the Welcome Letter (where
this contains charges) or as otherwise
advised by BT. 4.2
The Customer must have a BT OneBill Plus
account with BT. BT will normally bill the
Customer in line with standard BT OneBill
Plus arrangements but may sometimes
need to raise separate charges or bills (such
as while a new BT OneBill Plus account is
being set up). 4.3
The Customer must pay the charges by
direct debit except where immediately
prior to the Customer ordering the Service
the Customer already had a BT OneBill
Plus account and BT had agreed a payment
method other than direct debit. In the
latter case the Customer may continue the
existing BT OneBill Plus payment method. 4.4
Where the Customer’s payment method
is direct debit BT will debit the Customer’s
account on or after the due date specified
on the bill, normally 14 days from the date
of the bill. Where the Customer’s payment
method is not direct debit, payment is due
by the payment due date of the OneBill Plus. 4.5
The Customer must notify BT within 14 days
of the date of any disputed invoice or debit. Service Early Termination Charges 4.6
If this Contract or part of the Core OA
Service is ended during a Minimum Period
the Customer must pay the outstanding
monthly subscription charges up to the
end of the Minimum Period. This does
not apply if clause 6.3 of the Conditions
applies. Charges for early termination for
BT Openzone is as detailed in paragraphs
4.14 and 4.15 below. 3.8
BT reserves the right at its sole discretion
to require the Customer to change any or
all of the passwords used by the Customer
in connection with the Service. 3.9
The Customer must immediately inform
BT of any changes to the information the
Customer supplied when registering for
the Service. 3.10
The Service does not prevent the Customer
implementing additional security e.g.
firewalls on the Customer’s equipment or
the Customer Network. BT Mobile 3.11
The Customer agrees: (a) to take adequate precautions to prevent damage to or unauthorised
use or theft of the SIM Card or Device; (b) that the SIM card remains BT’s property at all times; and (c) to inform BT Customer Services immediately by telephone if the SIM
Card or Device is lost, stolen, damaged
or destroyed or likely to be used in an
unauthorised manner. 3.12
If the SIM Card or Device is lost, stolen,
damaged or destroyed or likely to be used
in an unauthorised manner the Customer
will be responsible for any charges incurred
until the Customer has informed BT and for
the cost of replacement. 3.13
Any equipment other than that provided
by BT that the Customer connects to or
uses with BT Mobile must be approved
by BT for use on the BT Mobile Network.
BT may disconnect the BT Mobile service
if the Customer uses or allows a third
party to use BT Mobile with unapproved
equipment. BT Business Email 3.14
The Customer will be responsible for the
creation, maintenance and design of all
Customer Information. The Customer’s general responsibilities 3.15
The Customer is responsible for nominating
an Admin User who will be responsible: (a) for the day to day use of BT Business Email within the Customer’s
organisation, including the first point
of contact for queries and the day to
day management of user accounts; (b) operation of Self Care, including the issuing and updating of appropriate
passwords; (c) for the provision of all PCs, software, applications, Internet access or
bandwidth in order to access
BT Business Email , all correctly
maintained at Customer’s expense
and used in accordance with the
manufacturers instructions; (d) for all configuration and managing 10 11 terminated within the first 12 months);
and (b) any discount that has been applied as a result of the Minimum Period selected,
including any term discount. 4.15
If the Customer terminates this Contract or
its BT Openzone per minute package other
than because of clause 6.3 of the Conditions,
or if BT terminates for the Customer’s breach,
before the end of the Minimum Period, the
Customer agrees to pay £5 or such other
charge as BT may advise. 5. Additional Conditions Contractual Documents 5.1
In addition to the documents specified in
the Conditions the following also form part
of this Contract and take precedence over
the Conditions: (a) For the Core OA Service: (i) the Charges Schedule (where a Charges Schedule is provided), or (ii) the Welcome Letter (where this contains charges). (b) For BT Openzone - the Welcome Letter. Cancellation and Termination 5.2
If any part of the Core OA Service is
cancelled or terminated: (a) all of the Core OA Service will automatically be cancelled or
terminated; and (b) (i) if the Customer wishes to retain BT Openzone and BT agrees, BT
Openzone will continue to be
provided under the terms of this
Contract; or (ii) if the Customer does not wish to retain BT Openzone or BT does
not agree to continue to supply
BT Openzone to the Customer this
Contract will terminate and the
termination charges in paragraphs
4.14 or 4.15 will apply. 5.3
Cancellation or termination of BT Openzone
will not automatically cause the Core OA
Service to be cancelled or terminated. If the
Customer wishes to cancel or terminate the
Core OA Service the Customer must expressly
cancel or terminate the Core OA Service and
the cancellation and termination charges
referred to in paragraph 5.4 below will apply. 5.4
Unless specified in this Service Schedule,
cancellation and termination charges
are as set out in the Charges Schedule (if
provided) or the Welcome Letter. Risk and Ownership 5.5
Risk in equipment including Devices
and SIM Cards supplied by BT under this
Contract passes to the Customer at the
time of delivery, but the Customer will
not be liable for any loss or damage to the
extent that it is caused by BT’s negligence. BT Mobile Charges 4.7
BT may at its discretion apply a usage
limit to the Customer’s account (that BT
may alter by advising the Customer) and
BT may suspend the Service if this limit
is exceeded. As BT’s billing system is not
instantly updated each time the Customer
uses the Service it is possible, especially
when making international calls or using
international roaming, to exceed the
Customer’s usage limit. The Customer will
be liable for all charges incurred including
any charges exceeding the usage limit. The
Customer may need to pay any charges
incurred in excess of the limit before
Service is reinstated. Business Email Charges 4.8
Any additional mailbox storage that is
required above the inclusive limit will be
charged at the current prices. 4.9
Any unused inclusive monthly Business
Email mailbox storage allowance cannot be
carried forward to the next month. BT Openzone Charges 4.10
BT Openzone is available either on a
monthly subscription or per minute (usage
of less than 2 hours per month) basis. 4.11
BT Openzone subscription charges are: (a) on a per User basis; (b) either for unlimited access or for time based service charges per calendar
month; and (c) billed monthly in advance. 4.12
Any additional time and usage based
charges (including roaming) will be
charged for. Unused minutes cannot be
carried forward. Additional minutes are
available at standard charges. Unless the
Service Start Date occurs on the 1st day of
the calendar month, the charges and any
inclusive usage will be pro-rated. 4.13
BT Openzone per minute charges: (a) charges are based on the total number of minutes used during a month; and (b) billed in arrears. BT Openzone Early Termination Charges 4.14
If the Customer terminates this Contract
or its BT Openzone subscription package
either before the Service Start Date or
during the Minimum Period, other than
because of clause 6.3 of the Conditions, or
if BT terminates for the Customer’s breach
before the end of the Minimum Period,
the Customer agrees to pay termination
charges calculated as follows: (a) an amount equal to the charges due to the end of the first 12 months of the
Minimum Period (where the service is 1 1 5.9
The Customer can access the Internet using
the Service. The Internet is separate from
the Service and use of the Internet is solely
at the Customer’s own risk and subject to
all applicable laws. Resale 5.10
The Service is provided solely for the
Customer’s own use (including use by
Authorised Users in the case of Business
Email) and the Customer will not resell or
attempt to resell the Service (or any part or
facility of it) to any one else third party. BT Mobile 5.11 Accessing the Internet (a) as part of the BT Mobile service BT may provide the Customer with Content.
BT may change the Content from time
to time; (b) the Content can only be used for the Customer’s own purposes and is
protected by copyright, trademark and
other intellectual property rights. The
Customer may not copy, store, adapt,
modify, transmit, distribute externally,
play or show in public, broadcast or
publish any part of the Content; (c) although BT takes precautions, it cannot guarantee the accuracy
or completeness of the Content.
Therefore, the Customer’s use of the
Content (for whatever purpose) is at the Customer’s own risk; and (d) some of the Content will have its own terms and conditions. If the Customer
accesses this Content the Customer will
need to comply with those terms and
conditions. Use of the Customer’s information 5.12
BT will use the information BT has about
the Customer and the Customer’s use of BT
Mobile for marketing purposes. BT needs
the Customer’s consent to do this and
will assume BT has it unless the Customer
tells BT otherwise by writing to the BT
Customer Correspondence Centre, T.V.T.E,
Gateshead, NE11 OZZ. The Customer
should use the Device number in any
correspondence. 5.13
If the Customer wishes to make
international calls or use international
roaming BT may need to provide the
Customer’s personal information to other
companies that may be outside the EU. The
Customer should be aware that outside the
EU standards of protection for personal
information might be lower than that
provided by the Data Protection Act 1998. When BT may bar or disconnect the Service 5.14
At BT’s discretion BT may bar a SIM Card
from making calls (other than to the
emergency services) and disconnect it 5.6
Title in Devices supplied without charge
remains with BT. Until title passes the
Customer undertakes not to sell, lease,
charge, assign by way of security or
otherwise deal in or encumber in any way.
Where the Customer pays for the Device title
passes to the Customer upon payment in full. Fraud Prevention 5.7
BT may check the Customer’s details
with a fraud prevention agency. If the
Customer provides information that BT
reasonably believes to be false or incorrect
and BT suspects fraud, BT may record
this information with a fraud prevention
agency. BT and other organisations may
use and search this information to: (a) help make decisions about credit and credit related services for the Customer; (b) help make decisions on motor, household, credit, life and other
insurance proposals and insurance
claims for the Customer; (c) trace debtors, recover debt, prevent fraud, and to manage the Customer’s
accounts or insurance polices; and (d) check the Customer’s identity to prevent money laundering unless the
Customer gives BT other satisfactory
proof of identity. Accessing the Internet 5.8
In addition to clause 7 of the Conditions: (a) BT excludes all liability of any kind in respect of Customer Information
or any other material that can be
accessed or acquired using the Service; (b) BT is not liable to the Customer either in contract, tort (including
negligence) or otherwise for the
acts or omissions of other providers
of telecommunications or Internet
services (including domain name
registration authorities) or for faults in
or failures of their equipment; (c) BT excludes liability for any advice or other services provided by any BT
appointed IT subcontractor beyond
that described within this Service
Schedule. Any such advice or other
services may be subject to a separate
arrangement between the Customer
and any BT appointed IT subcontractor
and may incur additional charges; and (d) BT excludes, to the extent permitted by law, all liability of any kind in
respect of any goods, services,
information, software or other
materials the Customer may obtain
when using the Internet (including
email). The Customer is responsible for
ensuring the Customer’s equipment is
adequately protected against viruses
and/or unauthorised access. 1 1 (b) in breach of the provisions of clause 3 of the Conditions; or (c) in breach of paragraph 5.20 BT Openzone
Termination 5.22 For BT Openzone the termination notice period applying to the Customer and BT
under clause 6.2 of the Conditions is three
months. 6. Definitions In this Service Schedule the following terms have
the meanings shown next to them: .1 General BT Customer Services
the telephone or email or online support point
provided by BT to which the Customer can report
faults and seek assistance with the Service. Details
are contained in the welcome letter or as otherwise
advised by BT Charges Schedule
The Schedule to this Contract that sets out the
charges for the Service and associated terms Core OA Service
BT Mobile and BT VoIP and, where the BT hosted
email option has been where ordered by the
Customer, BT Business Email Device
any mobile handset or related accessories provided
by BT under this Contract excluding SIM Cards GPRS
General Packet Radio Service technology for GSM
networks GSM
Global System for Mobile communications digital
telephony network Internet
the global data network comprising interconnected
networks using the TCP/IP protocol suite Username
user identities as provided by BT Welcome Letter
A letter sent to the Customer with the Device
welcoming the Customer to the Service and that
may set out the charges for the Service WiFi
wireless broadband access at public locations . BT Mobile Network
the mobile telecommunications systems over
which BT Mobile service is provided from the BT Mobile Network if: (a) the Customer is in breach of its obligations under clause 3 of the
Conditions; (b) a SIM Card or Device is lost or stolen; or (c) if BT has reasonable cause to suspect fraudulent use of a SIM Card or Device. 5.15
The Customer must pay an unbarring
charge and, if applicable, a re-connection
charge if BT Mobile service is temporarily
barred and/or a SIM Card is disconnected
for the reasons stated in paragraph 5.14.
If BT has barred or disconnected BT Mobile
service BT will not re-provide it unless the
Customer satisfies BT that it will comply
with the terms of this Contract. BT may
require the Customer to authorise a direct
debit authority for the payment of such
charges. 5.16
If BT bars or disconnects a SIM Card
because the Customer breaks this
Contract, this Contract will still continue.
The Customer must pay all charges until
this Contract is ended by notice under
clause 6 of the Conditions. BT Business Email
Ordering 5.17
Under this Contract BT Business Email can
only be provided as part of the Core OA
Service (one mailbox per SIM Card). Software 5.18
The Customer will sign and/ or comply with
the terms of any agreement reasonably
required by the owner of the copyright
in the Software to protect the owner’s
interest in that Software. This includes the
Microsoft Software Licence agreement as
set out on www.bt.com. 5.19
BT may offer updates or modifications
to the Software or documentation. Any
applicable charges for such updates
or modifications will be notified to the
Customer at the time BT offers such
updates or modifications. Domain Names 5.20 The Customer warrants that it is the owner of or that it is duly authorised by the owner
of, or is otherwise lawfully entitled to use
any trademark or name that it wishes to
use as its Domain Name. 5.21
BT reserves the right to require the
Customer to select a replacement Domain
Name and may either refuse to provide or
may suspend Service if, in BT’s opinion,
there are reasonable grounds for BT to
believe that the Domain Name is, or is
likely to be: (a) offensive, abusive, defamatory or obscene; 1 1 Self Care
the web-based systems tool that is made available
to the Admin User for the day to day running
of the Service, and other Authorised Users to
change passwords, as further detailed at www.
btbroadbandoffice.com Virus Scanning
services that aim to protect against infections, that
arise within files during file downloads or viruses
transmitted from email servers and Internet e-mail
gateways. Virus Scanning protection services
include real time scanning email servers and
Internet email gateways . BT Openzone BT Network
BT’s communications network used to provide
the Service from the BT Site to the Internet or, if
applicable, the Customer Network BT Openzone Web Page
www.bt.com/openzone or such other URL as BT
may from time to time advise BT Site
each physical location of the radio access points
offering BT Openzone service Customer Network
the Customer’s communications network including
its LAN and any intranet services LAN
Local area network Roaming
use of BT Openzone service where access is
provided via an alternative wireless data service
and where BT has an agreement with the
alternative wireless data service provider for such
access. Charges for Roaming will be charged
separately at the prevailing rates Conditions for BT Office Anywhere 1. Commencement 1.1
This Contract begins on the date the
Customer receives BT’s notification of its
acceptance of the Customer’s request for
the Service and continues until terminated
by the Customer or BT in accordance with
this Contract. 1.2
Unless otherwise stated in this Contract,
the Service commences on the Service
Start Date. . Provision of the Service Site Preparation, Access and Installation 2.1
The Customer agrees to prepare the Site
according to any instructions BT may
give and to provide BT with reasonable
access to the Site. The Customer agrees
to provide, at its expense, a suitable Content
Data, information, video, graphics, sound, music,
photographs, pictures, marks, logos, names,
words, phrases, hypertext links, software and
any other materials (in whatever form) that may
be available to the Customer as part of BT Mobile
service GSM Gateway
A single point of access to the Network from
another network using SIM Cards provided by BT MMS
Multi Media Messaging Service SIM Card
a subscriber identity module card that BT provides
as part of BT Mobile service SMS
Short Messaging Service . VoIP VoIP
Voice over Internet Protocol and is the transmission
of voice traffic over a wide a wide area network or
the Internet using the IP signalling standard WiFi Hotspot
a public or private wireless local area network
that uses high frequency radio signals to transmit
and receive data and to which the Customer has
arranged access. It includes a BT Site as defined
under Section 6.5 below . BT Business Email Admin User
the individual authorised by the Customer to
manage configurable aspects of the Service
including but not limited to management of
Mailboxes Authorised User
anyone (including the Admin User and persons
authorised by the Customer and/or registered by
the Customer with BT) who is authorised to use the
Service Customer Information
data, information, video, graphics, sound, music,
photographs, software and any other materials
(in whatever form) published or otherwise made
available (directly or indirectly) by or on behalf
of the Customer by using the Service. Customer
Information may include information about the
Customer (including individual employees or its
representatives) or the Customer’s Authorised
User, that may include personal data subject to
laws or regulations Domain Name
a name registered with an Internet registration
authority for use as part of the Customer’s email
address Mailbox
an account created on the BT Exchange servers
that will provide an Authorised User with the
features associated with the Service 1 1 (c) to send, knowingly receive, upload, download or use any material which
is offensive, abusive, indecent,
defamatory, obscene or menacing; or (d) in any way which BT considers is or is likely to be detrimental to
the provision of the Service to the
Customer or service to any of BT’s
other customers; or (e) to spam or to send or provide unsolicited advertising or promotional
material, or knowingly to receive
responses to any spam, unsolicited
advertising or promotional material
sent or provided by any third party; or (f) in any way that does not comply with any instructions by any other public
telecommunications operator or other
competent authority in any country
where the Service is provided. 3.3
The Customer will comply with BT’s
reasonable instructions regarding health,
security, safety or the quality of the
Service. 3.4
Occasionally, for operational reasons, BT
may have to change the codes or numbers
given to the Customer, or interrupt or
suspend Service. BT will restore the
Service as quickly as possible. 3.5
The Customer will indemnify BT against
any claims or legal proceedings which
are brought or threatened against BT by a third party because the Service
is used in breach of clause 3. BT will
notify the Customer of any such claims
or proceedings and keep the Customer
informed as to the progress of such claims
or proceedings. 3.6
BT may monitor and record calls relating
to customer services and telemarketing.
BT does this for training purposes and
to improve the quality of its customer
services. BT also records all Calls to the
999 or 112 services. . Charges and Payments 4.1
Charges for the Service are as specified in
the Service Schedule and calculated using
the details recorded by BT. 4.2
Unless otherwise stated in the Service
Schedule, charging will start on the Service
Start Date. 4.3
Unless otherwise stated in the Service
Schedule, BT will submit bills: (a) in advance for subscription, rental, and other recurring charges; and (b) in arrears for usage, connection and any other non-recurring charges. 4.4
Unless otherwise agreed with BT, the
Customer agrees to pay all charges by
direct debit. There may be an additional
charge where payment is not by direct place and conditions for BT Equipment
and, where required, a continuous mains
electricity supply and connecting points. 2.2
The Customer will obtain any permission
needed for BT to put BT Equipment on the
Site. 2.3
The Customer and BT will meet each
other’s reasonable safety and security
requirements when on the Site. The
Customer and BT agree to look after
each other’s equipment on the Site. If
the Customer or BT damages the other’s
equipment it must pay for any repair or
replacement needed. This does not apply
where the damage results from normal
use. 2.4
BT will use reasonable endeavours to
provide the Service by any date agreed
with the Customer, but all dates are
estimates, unless the Service Schedule says
otherwise. 2.5
When BT’s work is complete, the Customer
will be responsible for putting items back
and for any re-decorating which may be
needed. Faults and Repair 2.6
BT will use reasonable endeavours to
provide uninterrupted service, but from
time to time faults may occur. 2.7
If the Customer reports a fault in the
Service BT will repair the fault as set out
in the Service Schedule. If BT agrees to
work outside the hours specified in this
Contract, the Customer will pay BT’s
additional charges. If the Customer
reports a fault and BT finds there is none or
that the Customer has caused the fault, BT
may apply a charge. . Regulations and Use Of The Service 3.1
Any Customer Equipment must be: (a) technically compatible with the Service and not harm BT’s network or
another customer’s equipment; and (b) connected using the applicable BT network termination point, unless
the Customer has BT’s permission
to connect by another means, and
used in compliance with any relevant
instructions, standards or laws. 3.2
The Service must not be used: (a) in any way that is unlawful or in contravention of any licence, code of
practice, instructions or guidelines
issued by regulatory authorities, third
person’s rights or BT’s Acceptable Use
Policy located at http://www.bt.com/
acceptableuse/; or (b) to make offensive, indecent, menacing, nuisance or hoax calls or to
cause annoyance, inconvenience or
anxiety; or 0 1 4.12
BT may, at any time, require the Customer
to pay a deposit or provide a guarantee as
security for payment of future bills. . Changing This Contract Unless otherwise stated in the Service Schedule, BT
can change this Contract (including the charges) at
any time. 5.1
BT will notify the Customer of any changes
to the Contract by giving prior notice to
the Customer published online at http://
www.bt.com (or any other online address
that BT may advise the Customer), or in
accordance with clause 9.9, as follows : (a) for changes that are to the Customer’s significant detriment, at least 14 days
before the change is to take effect;
and (b) for all other changes at least one day before the change is to take effect. . Ending This Contract 6.1
The Customer may cancel this Contract or
the Service at any time before BT provides
the Service. The Customer will pay BT any
cancellation charge set out in the Service
Schedule. 6.2
Unless otherwise stated in the Service
Schedule, this Contract may be ended by: (a) the Customer on 30 days’ written notice to BT; or (b) BT on 30 day’s written notice to the Customer. 6.3
If the Customer or BT ends this Contract
during the Minimum Period the Customer
will pay BT the early termination charges
set out in this Contract. The termination
charges will not apply if: (a) the Customer ends this Contract during the Minimum Period because BT is in
material breach of this Contract; or (b) the Customer gives notice to end this Contract within three months
of BT notifying the Customer of an
increase to its charges, or a change
to this Contract in either case to the
Customer’s significant detriment; or (c) BT ends this Contract during the Minimum Period for convenience; or (d) this Contract ends because either clause 8.6 or 9.1(c) applies 6.4
The Customer may end this Contract if: (a) BT materially breaches this Contract and, if the breach is capable of remedy,
fails to put right the breach within a
reasonable time of being asked by the
Customer to do so; or (b) insolvency proceedings are brought against BT or BT makes an
arrangement with its creditors or a
receiver, an administrative receiver
or an administrator is appointed over
any of BT’s assets or BT goes into
liquidation or a corresponding event
under Scottish Law. debit and this charge is set out in the
Service Schedule or as otherwise notified
by BT. 4.5
Where the Customer has requested that
the Service be included within a standard
BT pricing package (where the terms of
the pricing package allow the Service to
be included), the Customer agrees that
whilst the Service is included within the
pricing package the charges specified in
the Service Schedule may be amended by
the terms of the pricing package. Upon
termination of the pricing package, the
charges will revert to those specified in the
Service Schedule. 4.6
Payment is due by the date specified in the
Service Schedule. 4.7
If the Customer disputes any charge
on a bill the Customer will notify BT in
writing within the period set out in the
Service Schedule. Where the disputed
amount is less than 5% of the total bill,
the Customer will pay the full amount of
the bill. Otherwise the customer must pay
the amount not in dispute. Any disputes
will be resolved promptly and the resolved
amount, if any, is payable in accordance
with the Service Schedule. 4.8
If BT does not receive payment by the due
date BT may charge the Customer: (a) daily interest on late payments in accordance with the Late Payment of
Commercial Debts (Interest) Act 1998
for the period beginning on the date
on which payment is due and ending
on the date on which payment is made;
and/or (b) a late payment charge. 4.9
If the Customer does not pay a bill, BT
may instruct a debt collection agency to
collect payment (including any interest
and/or late payment charges) on its behalf.
If BT instructs an agency, the Customer
must pay BT an additional sum. This will
not exceed the reasonable costs BT has to
pay to the agency, who will add the sum
to the Customer’s outstanding debt on
BT’s behalf. This clause applies even if this
Contract has ended. 4.10
In the event that any sum owed by the
Customer to BT under this Contract or any
other contract with BT is not paid by the
due date, BT may deduct this sum from
any payment or credit due to the Customer
under this Contract or any other contract
with BT. 4.11
Unless otherwise provided in the Service
Schedule, all charges are exclusive of VAT
which is chargeable at the applicable rate. opportunity, data, use, business, wasted
expenditure, loss of or damage to physical
property, business interruption or for
any other indirect or consequential loss
or punitive damages which may arise in
relation to this Contract whether or not the
Customer or BT was advised in advance of
the possibility of such loss or damage. 7.5
Subject to clauses 7.2, 7.3, 7.4 and 7.7,
the Customer and BT accept liability to
the other in contract, tort (including
negligence) breach of statutory duty or
otherwise for direct loss limited to: (a) £1,000,000 for loss of or damage to physical property in any period of 12
consecutive months; and (b) £250,000 for all other loss or damage arising from any one incident or series
of connected incidents and £500,000
for all incidents in any period of 12
consecutive months. 7.6
Clause 7 will not apply to any obligation to
pay charges or to clauses 3.5 and 8.5. 7.7
Each part of this clause operates separately.
If any part of a clause is held by a Court to be
unreasonable or inapplicable the rest of the
clause shall continue to apply. 7.8
The Customer is advised to consider
entering into a business continuity
insurance contract. . Intellectual Property and Confidentiality Intellectual Property 8.1
Except as expressly set out in this Contract,
the Customer and BT do not acquire any
rights or licences to the other’s Intellectual
Property Rights. 8.2
If software, documentation or manuals
are provided to enable the Customer to
receive and use the Service, BT grants the
Customer, for the duration of this Contract,
a non-exclusive, non-transferable licence
to use such software, documentation
or manuals for the Customer’s own use.
Unless otherwise agreed in writing, any
licence granted by BT under this clause
8.2 will terminate when this Contract is
terminated. 8.3
The Customer will sign or otherwise accept
any agreement required by the owner of
the copyright in the Software to protect
the owner’s interest in that Software. 8.4
Except as permitted by applicable law or
as expressly permitted under this Contract
the Customer must not, without BT’s
prior written consent, copy, de-compile
or modify any software, copy manuals or
documentation or permit anyone else to
do so. 6.5
BT may suspend the Service or end this
Contract, or both, at any time without
notice if: (a) the Customer breaches this Contract or any other Contract that the Customer
has with BT and, if the breach is
capable of remedy, fails to put right
the breach within a reasonable time of
being asked by BT to do so; or (b) BT reasonably believes that the Service is being used in a way forbidden
by clause 3. This applies even if the
Customer is unaware that the Service is
being used in such a way; or (c) bankruptcy or insolvency proceedings are brought against the Customer or the
Customer does not make any payment
under a judgement of a Court on time
or the Customer makes an arrangement
with its creditors or a receiver,
an administrative receiver or an
administrator is appointed over any of
the Customer’s assets or the Customer
goes into liquidation or a corresponding
event under Scottish Law. The Customer will continue to pay the charges
during any period of suspension. 6.6
If this Contract ends BT will refund any
money owed to the Customer after first
deducting any money due to BT under this
Contract or any other contract that BT has
with the Customer. . Limitation of Liability 7.1
BT accepts liability as set out in clause 7.
BT does not guarantee that the Service will
be fault-free. 7.2
Neither the Customer nor BT excludes or
restricts its liability for death or personal
injury caused by its own negligence or
the negligence of its employees or agents
acting in the course of their employment or
agency or for fraudulent misrepresentation
or to any extent not permitted by law. 7.3
Unless otherwise expressly stated in this
Contract neither the Customer nor BT
shall be liable to the other in contract,
tort (including negligence), breach of
statutory duty or otherwise for any direct
loss of profit, revenue, time, anticipated
savings or profit or revenue, opportunity,
data, use, business, wasted expenditure,
business interruption or for any other
similar direct loss which may arise in
relation to this Contract whether or not the
Customer or BT was advised in advance of
the possibility of such loss or damage. 7.4
Unless otherwise expressly stated in this
Contract neither the Customer nor BT
shall be liable to the other in contract, tort
(including negligence), breach of statutory
duty or otherwise for any indirect or
consequential loss of profit, revenue, time,
anticipated savings or profit or revenue,   (d) replicated independently by someone without access or knowledge of the
Information. 8.9
If the Customer receives a request under
the Freedom of Information Act 2000
which encompasses any information held
by the Customer which was provided by
BT in connection with this Contract the
Customer will notify BT immediately of the
request and give BT at least 10 working
days to make representations. . General Terms Matters Beyond Reasonable Control 9.1 (a) If the Customer or BT is unable to perform, or is delayed in performing,
any obligation under this Contract
because of something beyond its
reasonable control including act of
God, lightning, flood, exceptionally
severe weather, fire, explosion, war,
civil disorder, industrial disputes or
acts or omissions of local or central
government or other competent
authorities, or beyond the reasonable
control of its suppliers, it will have no
liability to the other for that failure or
delay in performing. (b) BT will not be liable for failure to or delay in supplying the Service if: (i) another supplier delays or refuses the supply of a telecommunications service to
BT and no alternative service is
available at reasonable cost; or (ii) legal or regulatory restrictions are imposed that prevent BT from
supplying the Service. (c) If any of the events detailed in clauses 9.1(a) or 9.1(b) continue for more than
three months the Customer or BT may
terminate this Contract in whole or
part by written notice to the other. Escalation and Dispute Resolution 9.2 (a) BT will try to work through any dispute that the Customer may have with BT. If
this does not resolve the dispute then
the Customer may refer the matter to
the relevant dispute resolution service
as follows: (i) where appropriate, in accordance with the details set out in BT’s
Code of Practice for consumers
and small businesses; and (ii) otherwise, as set out in clause 9.2(b) below. (b) Any dispute must be raised in writing with the Customer’s or BT’s
representative as appropriate. The
Customer and BT will use reasonable
endeavours to resolve any dispute as
follows: (i) a dispute which has not been resolved by the Customer’s or BT’s
representative within seven days 8.5
BT will indemnify the Customer against
all claims and proceedings arising from
infringement of any third person’s
Intellectual Property Rights by the
provision of the Service to the Customer.
This indemnity does not apply to claims or
proceedings arising from: (a) the use of the Service in conjunction with any equipment, software or any
other service not supplied by BT; or (b) any modification which was not made by BT or with BT’s prior written
consent; or (c) designs or specifications supplied by the Customer; or (d) the use of the Service other than in accordance with the terms of this
Contract. 8.6
If the Service becomes, or BT believes
it is likely to become, the subject of a
claim of infringement of any Intellectual
Property Rights BT, at its option and
expense, may secure for the Customer
a right of continued use or modify or
replace the Service so that it is no longer
infringing, provided that the modification
or replacement does not materially affect
the performance of the Service. If the
indemnity in clause 8.5 applies and none
of the remedies in this clause is available
to BT on reasonable terms, BT may notify
the Customer and terminate the Service
without liability to the Customer. Confidentiality 8.7
Except to the extent any disclosure is
required by law BT and the Customer
will keep in confidence any information,
whether written or oral, of a confidential
nature obtained under or in connection
with this Contract. The Customer and BT
will not, without the consent of the other,
disclose such information to any person
other than: (i) their Group Company employees or professional advisers who
need the information in order for
the Customer or BT to fulfil its
obligations under this Contract; or (ii) in the case of the Customer, its Users to the extent that they
are required to use or access the
Service; or (iii) in the case of BT, the employees or professional advisers of
its suppliers who need the
information in order for BT to fulfil
its obligations under this Contract. 8.8
Information will not be treated as
confidential if it is: (a) in the public domain other than in breach of this Contract; or (b) lawfully in the possession of the Customer or BT before disclosure has
taken place; or (c) obtained from a third person who is free to disclose it; or   Survival 9.5
Clauses 8.6, 8.7 and 8.9 will survive the
termination or expiry of this Contract for
two years. Entire Agreement 9.6 (a) This Contract contains the entire agreement between the Customer and
BT and replaces all previous written
or oral agreements relating to its
content. (b) The Customer and BT agree that: (i) they have not been induced to enter into this Contract by,
nor have they relied on, any
statement, representation,
warranty or other assurance not
expressly incorporated; and (ii) in connection with this Contract their only rights and remedies
in relation to any statement,
representation, warranty or other
assurance are for breach of this
Contract and that all other rights
and remedies are excluded. (c) The terms of clauses 9.6(a) and 9.6(b) will not affect the rights or remedies
of the Customer and BT for any
fraudulent misrepresentation. Waiver 9.7
A failure or delay by the Customer or BT
to exercise any right or act upon a breach
under this Contract will not be a waiver of
that right or breach. If the Customer or BT
waives a right or breach of this Contract,
that waiver is limited to the particular right
or breach. Rights of Third Parties 9.8
A person who is not the Customer or
BT (including an employee, the officer,
agent, representative or subcontractor
of the Customer or BT) has no right under
Contracts (Rights of Third Parties Act 1999)
to enforce any term of this Contract. This
does not affect any right or remedy that
exists or is available apart from that Act. Notices 9.9
Unless otherwise stated in this Contract,
notices given under this Contract must be
in writing (including email) and delivered
to the following addresses: (a) to BT at the address shown on the bill or any address which BT provides to
the Customer for this purpose; or (b) to the Customer at the address to which the Customer asks BT to send
bills, the address of the Site or, if the
Customer is a limited company, its
registered office or to the Customer’s of being raised may be referred
by the Customer or BT to the first
level by written notice to the
other; and (ii) if the dispute is not resolved at the first level within seven days of
referral, the Customer or BT may
refer the dispute to the second level
by written notice to the other. The Customer’s and BT’s representatives at the first
and second levels are as notified by the Customer
and BT to the other from time to time. (c) If the dispute is not resolved after the procedures detailed in clause 9.2(a)
and (b) have been followed then,
if the Customer and BT agree, the
dispute will be settled by mediation
in accordance with the procedures
specified by the Centre for Dispute
Resolution (CEDR). If the dispute is
referred to a mediator:- (i) the mediator will be appointed by agreement of the Customer
and BT. If the Customer and BT
fail to agree within seven days
of a proposal by one party, the
mediator will be appointed by
CEDR; and (ii) all negotiations on the dispute and any agreement reached will be
kept confidential. (d) Nothing in this clause 9.2 shall prevent the Customer or BT from exercising any rights and remedies that may be
available in respect of any breach of
the provisions of this Contract. Transfer of Rights and Obligations 9.3
The Customer and BT may not transfer any
of their rights or obligations under this
Contract without the written consent of
the other, except that: (a) The Customer may transfer its rights or obligations or both to a
Group Company with the written
consent of BT, such consent not to be
unreasonably withheld or delayed; and (b) BT may transfer its rights or obligations or both to a Group
Company without consent provided
that it notifies the Customer that it has
done so. Severability 9.4
If any term of this Contract is held invalid,
illegal or unenforceable by any court of
competent jurisdiction, it will be severed
and the remaining terms will continue
in full force as if this Contract had been
made without the invalid, illegal or
unenforceable terms.   Customer Requirements Form
The BT form that sets out the requirements for the
Service agreed between the Customer and BT Group Company
A subsidiary or holding company including a
holding company, or a subsidiary of any such
holding company, all as defined by Section 736 of
the Companies Act 1985 and as amended by the
Companies Act 1989 Intellectual Property Rights
Any patent, petty patent, registered design,
copyright, design right, database right, rights in
designs, invention, semiconductor topography
right, know-how, or any similar right exercisable
in any part of the world and including any
applications for the registration of any patents or
designs Minimum Period
Unless otherwise stated in the Service Schedule,
the period stated in the Service Schedule, or the
order/registration form, measured from the Service
Start Date Service
The service or part of the service specified in the
Service Schedule Service Schedule
The schedule to this Contract that describes the
Service to be provided by BT Service Start Date
the date the Service is first made available to
the Customer or the date on which the Customer
first uses the Service. Where the Service is made
up of more than one part (that can be used
independently of some other parts) then, unless
otherwise stated in the Service Schedule, the
Service Start Date will be the date that the last part
of the Service is made available to the Customer or
used by the Customer, whichever occurs first Site
The place(s) at which BT provides Service Software
Any software and associated written and electronic
documentation and data provided by BT under this
Contract. primary email address. This clause does not apply to notices given under
clauses 1.1 and 5.1. Law and Jurisdiction 9.10
This Contract is governed by the law of
England and Wales and is subject to the non-
exclusive jurisdiction of the English courts. Data Protection 9.11
The Customer and BT will comply with
their respective obligations under the
Data Protection Act 1998 and any data
protection, privacy or similar laws that
apply to any personal data processed
in connection with this Contract. The
Customer and BT will provide such
help and co-operation as is reasonably
necessary or requested by the other to
enable compliance with this clause. Customer’s Instructions 9.12
BT may take instructions from a person
whom it thinks, with good reason, is acting
with the Customer’s permission. 10 Definitions 10.1
In this Contract the following terms have
the meanings shown next to them: BT
British Telecommunications plc of 81 Newgate
Street, London EC1A 7AJ, registered in England
No. 100000 BT Equipment
Any equipment, including any Software, owned or
controlled by BT and placed on the Site to provide
the Service Conditions
These Conditions for BT Office Anywhere Contract
This agreement for the provision of the Service
between BT and the Customer comprising the
following documents and, unless otherwise stated
in the Service Schedule, in the following order of
precedence:
the order/registration form (if any);
the Service Schedule;
the Conditions;
the Customer Requirements Form (if any); and
any other documents expressly incorporated into
this Contract Customer
The person with whom BT contracts to provide the
Service Customer Equipment
Any equipment, including any software, for use
with the Service that is not part of BT’s network
and which is owned or controlled by the Customer 0 1 Notes Notes