terms & conditions

If you wish to create a go-plus.net Internet account please read the terms & conditions below and then hit 'agree' or 'disagree'.

Terms and Conditions for Internet Access Service

These Terms and Conditions constitute an Agreement between you, the end user, and Telecom plus plc (hereinafter Telecom plus).  These Terms and Condition apply to the use by you of the Telecom plus on-line information, communication and other services provided by Telecom plus and access to information and services provided by third parties (hereinafter the Service) and the use of the software program(s) (hereinafter Software) and any associated documentation which may be included in the delivery (hereinafter Accompanying Material) that you, the end user, are now taking into use.

You should read these terms carefully.  By completing the registration procedure and using the Service, you will be deemed to have accepted and will be bound by these Terms and Conditions.

1. COMMENCEMENT AND DURATION OF THIS AGREEMENT

This Agreement commences on the date we accept your request to receive the Service (the "Commencement Date") and will continue indefinitely until terminated by either of us giving one calendar months notice in writing to the other or in accordance with Clause 7 below.

2. THE SERVICE

a) You must pay Telecom plus all charges relating to your use of the Service from the Commencement Date in accordance with the provisions of Clause 4 below.  You are responsible for providing a suitable PC, modem and any other items of hardware or communications equipment necessary to enable you to access the Service.  Go-plus and Go-plus lite are only available if your registered telephone line is provided by BT.

b) To enable us to supply the Service, your telephone number will be registered by us with OPAL and your acceptance of these terms constitute your Agreement to pay us for all calls made from your registered telephone number using OPAL including those relating to connection to Go-plus or Go-plus lite.  All such calls (excluding those for connection to Go-plus and Go-plus lite which will be charged in accordance with the applicable tariff) will be charged by us in accordance with our Standard Tariff, Terms and Conditions for Service plus, full details of which are available on request.

c) Telecom plus is unable to guarantee that the Service will be available fault-free.  If a fault occurs you should report the fault by telephone, e-mail or in writing to the support service.  We may suspend the Service, including for scheduled periods of downtime, where necessary for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency.  Except in the event of an emergency, we will try to give you as much notice as possible of any periods of downtime of the Service by posting a notice on the Portal or sending you an e-mail or by any other reasonable means.  We will restore the Service after suspension as soon as we reasonably can.

d) If you fail to use the Service at least once during a 90-day period Telecom plus may terminate this Agreement and in such circumstances you acknowledge that you do not have to be given prior notice of any such termination.

e) You agree not to publish on or over the Service any information, software or other content which violates or infringes upon the rights of any others or which would be offensive, abusive, indecent, defamatory, obscene or otherwise unlawful, or would be considered offensive by an average person.

f) Telecom plus does not engage in the active screening of on-line material but will be entitled, but shall not be obliged, to edit or delete any information, software or such other content which you or any of your Designated Users may place on-line at any time at our sole discretion.

g) You are solely responsible for evaluating the accuracy and completeness of any content that may appear on-line and the value and integrity of any goods and services offered by third parties.

3.  REGISTRATION FOR THE SERVICE AND SECURITY

a) In order to register for the Service, set up an account and to designate authorised users of your account (herein " Designated Users") you must be, and you represent and warrant that you are, at least 18 years of age.  You acknowledge that you are aware that areas accessible on or through the Service may contain material that is unsuitable for persons under eighteen (18) years of age and you agree to supervise usage of the Service by any minors who you permit to use the Service.

b) You confirm and warrant that all the information supplied by you when you register on-line for the Service is true, complete and accurate in all respects and you agree to notify us immediately of any changes to that information.

c) You are responsible for ensuring that no unauthorised access is obtained to the Service through your account.

d) You will be entirely liable for all activities conducted and charges incurred through your account whether by you or any of your Designated Users.

e) You will be responsible for all use of the Service accessed through your own or your Designated Users' password(s).  In order to access the Service you will be required to complete the registration documentation on-line and to create a user name and password ("Passwords").

f) You will select your own Passwords and those for any Designated Users.  You are responsible for the security and proper use of all these Passwords and must take all necessary steps to ensure that all these Passwords are kept confidential, used properly and not disclosed to unauthorised people.

g) You must inform Telecom plus immediately if you have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way.

h) If we have reason to believe that there is likely to be a breach of security or misuse of the Service we may change any or all of your Passwords and notify you accordingly.

i) If you forget any Password, by contacting the Telecom plus Support Line by telephone and satisfying the security checks in operation, you will be given a new Password to enable you to use the Service.

4.  PAYMENT

a) The on-line registration documentation describes the different service levels available and the charges associated with using them. The monthly subscription for Go-plus is payable monthly in advance.  Any chargeable minutes on Go-plus and all usage on Go-plus lite is payable monthly in arrears.  Unless specifically notified to the contrary, charges will (where applicable) be incurred from the day on which you register on-line.  You must pay all charges within 14 days of the date of any invoice.  Where a customer for the Service has an existing account with Telecom plus payment will be collected by direct debit or such other means as may be accepted by Telecom plus at their sole discretion.  New customers must supply their credit card details and we will collect all payments due in respect of the Service from the credit card details you have supplied unless we have agreed an alternative payment method with you.

b) All our charges for the Service are set out in our tariff that is available from us on request.  This may change from time to time and we shall write to you with details of any changes, or notify you of such changes on your monthly bill.

c) We strongly recommend that you pay for the Service by direct debit.  We will charge you each month an administration fee of 10% of the value of each bill until such time as a valid direct debit is in place.  In the event our request for your payment using a direct debit set up by yourself with us is rejected due to insufficient funds or cancellation you will be charged a Ł5 administration fee on your next monthly bill.

d) If you owe us money and this is not paid when it should have been paid, a late payment surcharge of 5% of the balance outstanding on your account will be added to your next monthly bill.  In addition we reserve the right to pass on any costs that we incur in the collection of any overdue amount from you, including legal fees and/or agency charges.

e) All calls are charged in increments of 1 second and rounded up to the nearest whole 1p or to the minimum call charge if the cost of the call is below the minimum call charge.  The minimum call charge is 5p (excluding VAT) on Go-plus lite.

f) On registration for the Service (or at any time later on), we may set a credit limit on the amount of charges you may incur.  As our billing system is not updated instantly when you use the Service, you may exceed the credit limit, but if this happens, you will still be liable for all charges.

g) VAT (where applicable) will be added to all our charges.

5.  VARIATION OF CHARGES AND TERMS

a) We reserve the right to increase or decrease our charges and/or introduce new charges from time to time.  If we increase any of our charges, we will give you at least 14 days prior notice, and in such circumstances you may cancel this Agreement with immediate effect by notifying us before any increase takes effect.

b) We reserve the right to make changes to these terms from time to time at our sole discretion.  If such a change materially affects the Service, you may terminate this Agreement immediately.

c) We shall be entitled to change the number you dial to access the Service from time to time, or use a different network or carrier.

d) We may discontinue or modify any aspect of the Service at any time, such modifications becoming effective immediately upon publication.  Any material modification will be notified to you in writing.  By continuing to use the Service following any such modification, you will be deemed to have accepted such modification.

e) We may require you to change your Domain Names, URL or e-mail address and we may suspend the Service if we reasonably believe that any Domain Name, URL or e-mail address you are using is, or is likely to be, offensive, abusive, defamatory or obscene or otherwise in breach of any term of this Agreement.

6. SUSPENSION OF THE SERVICE

We can suspend the provision of the Service immediately without telling you and without notice if: -

* we believe the Service is being used in an unauthorised way or for criminal activities;

* you fail to pay any of our proper charges when due or commit a substantive breach of this Agreement;

* your credit limit is exceeded;

* we are aware or have reason to believe that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the Service is taking place;

* we have reason to believe that any amount due from you may not be paid;

* if your direct debit instruction is refused or cancelled;

* you may not do anything (or allow anything to be done) which we think may damage or affect the operation of the Service; or

* there are reasons outside of our control.

In the above cases this Agreement does not come to an end and you are still liable for any monthly charges in respect of any period of suspension.  However, if you are unable to use the Service for a continuous period of 3 days because: -

* there is a technical failure of the Service;

* they are being tested, modified or maintained; or

* access is denied to us

you will receive a credit against any monthly charge you have paid, which will represent that part of the monthly charge relating to the period of suspension.

7.  ENDING OF THIS AGREEMENT

a) You may end this Agreement immediately by writing to us if: -

* we do not do what we have to do under this Agreement and fail to put it right within 7 days of being asked in writing to do so; or

* the Service is permanently no longer available to you.

b) We may end this Agreement immediately by writing to you if: -

* you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of the Service or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets; or

* you do not do what you have to do under this Agreement (e.g. your failure to pay charges) and do not put it right within 7 days of being asked by us in writing to do so; or

* we are no longer able to provide the Service to you on a permanent basis.

c) When this Agreement comes to an end you shall cease all use of the Service and destroy the Software, archival copy and Accompanying Material and confirm to Telecom plus in writing that you have done so.  If Telecom plus terminates its Agreement with you and provided that you are not in breach of any of these Terms and Conditions we will repay to you the appropriate proportion of any charges for the Service which you have paid in advance.

8. INDEMNITY

a) You warrant that:-

* your use of the Service will not violate any law, regulation or treaty and that such use will not be in breach of the intellectual property rights of any person; and

* your use of the Service may only be for lawful purposes; and

* you shall not use or authorise or permit any one else to use the Service for any use that is prohibited by these Terms and Conditions.

* You warrant that you are entitled to use any trademark or name that you are seeking to use in any Domain Name(s) uniform resource locator ("URL") or e-mail address.

b) You shall indemnify and hold Telecom plus harmless against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by Telecom plus (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) by reason of a breach by you of any of your obligations set out in these Terms and Conditions.

9.  LIABILITY AND EXCLUSIONS

a) Except as expressly provided in these terms and conditions and to the extent permitted by law Telecom plus excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any on-line content and the value and integrity of goods and services offered by third parties.

b) We do not guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and services made available to you from the Service or any further information or results which may be derived from it.  You acknowledge that your use of the Service is at your sole risk and that you may be subject to further terms and conditions when accessing the Service.

c) Telecom plus shall not be liable for any indirect or consequential damages whatsoever including, without limitation, damages or losses relating to business profits, lost savings, business interruption, loss of business information or data, or other pecuniary loss arising out of the use of the services, software or accompanying material, even if Telecom plus or the other party or person has been advised of the possibility of such damages.

d) There may be occasions when we are unable to provide the services because of something outside of our reasonable control.  We will not be liable to you if that is the case, and if you choose to use an alternative Internet service provider then we will not be responsible for that provider's charges.

e) If you are a consumer, the terms of this Agreement will not affect any rights which you may have under any act of parliament and which cannot be excluded by Agreement.  If you have any doubts about your statutory rights, please contact your local Trading Standards department or Citizens Advice Bureau.

10.  COPYRIGHT

The content on the Service is protected as a collective work under applicable copyright law.

a) Except as expressly authorised on-line or in these Terms and Conditions, the copying, redistribution, or publication by you or any of your Designated Users of any such content is prohibited.

b) Information, software or other content placed by you or any of your Designated Users in the public areas of the Service grants Telecom plus the right to copy and otherwise use in connection with the Service, such information, software or other content.  Subject to this grant any rights you may have in such information, software or other content are retained by you.

c) Copyrighted material must not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorise. Only the owner(s) or such authorised person(s) may upload copyrighted material to the Service.

d) Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of Telecom plus or the relevant copyright owner, if other than Telecom plus. Permission must be specified on-line or obtained directly from Telecom plus or the relevant copyright owner, if other than Telecom plus.

e) Unless otherwise provided, any authorised copying, redistribution, or publication of copyrighted material must be for your own private and personal use and not for any commercial purposes and any changes to or deletion of author attribution or copyright notices are prohibited.

f) Downloaded software may not be reverse engineered unless specifically authorised by the owner of the software's patent and/or copyright.

11. FORCE MAJEURE

Neither party will be liable to the other for any failure to deliver the Service or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency.  If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.

12.  MISCELLANEOUS

a) We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you notice beforehand.  You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement without our prior written approval.

b) If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach.  If either party waives a breach of this Agreement that waiver is limited to that particular breach.

c) If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.

d) The headings in this Agreement are inserted for reference only and shall not affect the interpretation of these Terms and Conditions.

e) We may use the information held by credit reference agencies to help make credit decisions or for fraud prevention.  We may disclose information about you and your account to credit reference agencies.  Such agencies can share this information with their customers.  In addition, we can pass these details to other people in relation to enquires concerning the prevention and detection of crime or the apprehension or prosecution of offenders or as may be required by law or legal proceedings.  Telecom plus may send information and offers of products and services to you from time to time, unless you indicate on the registration form that you do not wish to receive such material.

f) If either of us needs to send notices to the other these must be in writing and can be delivered by hand or first class post to the other's address, or by e-mail.  If notices are sent by post they shall be deemed to have arrived at their destination 48 hours after posting.

g) If you telephone us, your call may be monitored or recorded.

h) This contract is governed by the laws of England where the customer's home address is located in England, Wales or Northern Ireland, and by Scottish law where the customer's address is located in Scotland.