Terms And Conditions

C&R Technologies Ltd

 
TERMS AND CONDITIONS
For the sale and supply of the Satellite Broadband Service
1. Definitions and Interpretations
1.1 In these conditions:
1.2 “we”, “us” or “our” means C&R Technologies Limited a Company registered in England and Wales under number 00403127 and having its registered office at 2-3 Bassett Court, Broad Street, Newport Pagnell, MK16 0JN.
1.3 “you” or “your” means you the customer
1.4 The following expressions have the following means:
“Business Day” means any day other than a Saturday, Sunday or English bank holiday
“Cancellation Period” means the period of seven (7) Business Days from the Delivery Date
“Commencement Date” means the date upon which we activate your satellite link for the supply of the Service
“Contract” means the contract for supply by us and the purchase by you of the Equipment and the Service under these Conditions
“Cycle” means the period of time starting from each monthly occurrence of the original activation date of a service account and ending before the corresponding occurrence in the following month or on the last day of the following month, whichever occurs first (e.g. if Activation starts on 5 June 2012; next cycles start: 5 July, 5 August, 5 September, 5 October, etc..; if Activation starts on 31 Jan 2013; next cycles start: 29 February, 30 March, 31 April, 31 May, etc.; if Activation starts on 29 Feb 2012, next cycles start: 29 March, 29 April, …, 28 February 2013, 29 March 2013, etc.)
“Data Usage” means the amount of data you may download or upload in accordance with your Monthly Quota in each calendar month
“Delivery Date” Means the date on which the Equipment is delivered to you
“Equipment” Means the KA-Band satellite system provided by our Supplier and all other ancillary equipment as set out in the Order
“Fair Access Policy” Means our policy for use of a bandwidth usage monitoring tool to monitor your Data Usage and maintain quality of service, a copy of which is available upon request
“Initial Term” means the period of 24 months from the Commencement Date
“Prohibited Purpose Policy” means our policy on uses of the Equipment or the Service that are prohibited by us and which may result in cancellation of your Service



“KA-Sat” means the satellite operated for the provision of KA-Band broadband Internet access
“Month” means a calendar month
“Monthly Quota” means the amount of Data Usage specified in your Order for the level of Service to which you have agreed to subscribe
“Order” means the Order placed by you for the Equipment, Service, Subscription Fees and Term detailed therein
“Renewal Term” Means a period of 12 months commencing at the end of the Initial Term
“Service” means the supply by us (or by our Supplier on our behalf) of broadband internet access up to the Monthly Quota by means of the service on KA-Sat by means of the Equipment upon payment of the Subscription Fees
“Service Level” means the level of Service and Monthly Quota selected by you and ordered from our Website
“Subscription Fees” means the monthly fees payable by you to us for the Term for the supply of the Service
“Supplier” means any supplier of Equipment or Services to us and including Eutelsat SA and Tooway
“Term” means the Initial Term and the Renewal Term (if any)
   
“Warranty Period” means 24 months from the Commencement Date
“Website” means www.candrtechnologies.com
“Writing” means any communications effected by facsimile transmission, electronic mail or any comparable means
   
2.4 Any typographical, clerical or other accidental error or omission in any sales literature, quotation, price list, invoice or other document or information appearing on our Website shall be subject to correction without any liability on our part
3. Specification
3.1 The specification for the Equipment and Service may be varied by us from time to time.
3.2 Illustrations, photographs or descriptions appearing on our Website, price lists or any other documents or notes on our Website are intended as a guide only and shall not be binding on us
3.3 Save as provided in condition 4 of these Conditions no Order, once placed, may be cancelled by you prior to the Commencement Date except with our agreement in writing on terms that you will indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of such cancellation
4. Rights of Cancellation
4.1 At any time during the Cancellation Period you may cancel this contract by giving us notice in writing to include letter, fax or email to the addresses or numbers shown on our Website and provided that the Equipment remains in the same condition as when it was delivered. You should keep evidence of having given such cancellation notice such as a Certificate of Posting or confirmation of faxed transmission
4.2 In the event that you exercise your right to cancel we will arrange for collection (at your expense) of the Equipment and upon receipt by us of the Equipment in the same condition as it was when delivered to you we will refund to you all the money paid in relation to the Contract up to that date less our reasonable expenses incurred in collection.
4.3 We will not provide you with a Commencement Date until after the Cancellation Period has expired unless we agree otherwise in writing.
4.4 Save as is provided in condition 10 of these Conditions you will have no right to cancel this contract after the Cancellation Period has expired unless we otherwise agree
5. The Supply and Use of the Equipment
5.1 The Equipment is supplied by us on, and you must comply with, these Conditions and the Terms and Conditions of Use for such Equipment as defined by our Supplier at the time of delivery
5.2 We guarantee the Equipment against faulty workmanship and manufacturing defects for the Warranty Period. After the Warranty Period we give no warranty to you in respect of the Equipment. This clause does not limit your rights under the Sale of Goods Act or any other applicable consumer legislation.
5.3 In the event of any fault or defect arising during the Warranty Period you must give us notice by letter to our Registered Office or by email to the address specified on our Website and we will arrange for the collection of the Equipment for replacement or repair (at our discretion) and at your expense. In the event that the Equipment proves to be defective or faulty then until it is replaced or repaired and delivered back to you your Subscription Fees may be suspended.
5.4 We shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to abnormal conditions, your failure to follow the Supplier’s or our instructions (whether oral, visual or in writing and including as to installation of the Equipment if you chose the self-install option), mis-use or alteration of the Equipment without our approval, or any other act or omission on your part or on your behalf by any third party
5.5 You acknowledge that the Equipment has been supplied to you at a significantly discounted price depending on the Service Level you have selected and as a consequence, you acknowledge and understand that:-
5.5.1 we have set the Term and the Subscription Fee for your Service Level to reflect that discount; and
5.5.2 the Subscription Fee shall remain payable in full throughout the Term whether or not you use the Service or the Contract is terminated (other than by reason of our act default)
5.5.3 In the event that the Term of Service cannot be completed for whatsoever reason, we will arrange for the collection of the Equipment (at our discretion) and at your expense.
5.5.4 Upon completion of the term the supplied equipment should be uninstalled and returned to C&R Technologies Ltd at the clients expense. In the event of the equipment not being returned within 30 days of completion of the term for whatever cause, the client will incur a charge of £250 plus VAT.
5.6 The Equipment will be password or PIN protected by the Supplier at our request and direction and may only be used to receive and use the Service and not for any other purpose or service
6. The Service
6.1 With effect from the Commencement Date we will provide the Service at the Service Level during the Term
6.2 You must pay the sums due for the Service in accordance with clause 9 below
6.3 We may (at our absolute discretion) allow you to upgrade or downgrade your Service Level but in the event of a downgrade you will remain liable to pay the Subscription Fees determined by your original service Level for the remainder of the Term. Only one downgrade is allowed per each account within any Cycle.
6.4 If you wish to upgrade your subscription package you may do so by giving us notice in writing specifying the package you require and subject to payment by you of the appropriate increased Subscription Fee (including any amount due pro rata for the remainder of the month in which the request is made) together with payment of any (increased) deposit required for that package. Upgrades will be applied within two working days of receipt of payment.
6.5 Unless set forth to the contrary in the promotion, changing subscription to a promotional Service Class shall not be possible.
6.6 We will use all reasonable care and skill in the provision of the Service but you acknowledge and understand that the nature of the Internet means that access to it is dependent upon many factors outside of our control and we are therefore unable to warrant that the Service will be uninterrupted or error free
6.7 You acknowledge that you understand that the speed of Internet access and downloading or uploading will vary depending on the amount of traffic at any time, the content you are trying to view and the configuration and capacity of your computer. As a consequence, speeds for your selected Service Level (as may be described on our Website) cannot be guaranteed.
6.8 You acknowledge and accept the terms of our Fair Access Policy and our Prohibited Purpose Policy in relation to the provision and use of the Service
7. Delivery
7.1 Unless we agree otherwise delivery of the Equipment shall be to your address as specified in the Order. You must notify us in writing if the Equipment is to be moved to any other address and provide us with full details thereof.
7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence. We may deliver in advance of the Delivery Date upon giving you reasonable notice.
7.3 If you fail to take delivery of the Equipment or any part of it on the Delivery Date and/or fail to provide any instructions, documents, consents or authorisations required to enable the Equipment to be delivered (and installed if we are to install) on that date, we shall be entitled to recover from you all our costs and expenses in relation to such failed delivery or installation
 
8. Price
8.1 The price of the Equipment and the Subscription Fees shall be as listed in the Order or such other
price as we may agree in writing.
8.2 The Price is exclusive of any applicable Value Added Tax which you shall be additionally liable to pay to us.
9. Payment
9.1 All payments required to be made by you pursuant to this Contract must be made without any set-off, withholding or deduction.
9.2 The time of payment shall be of the essence of these Conditions
9.3 On or by the Completion Date and as a condition precedent to our activation of the Service you must:-
9.3.5 Complete the provided direct debit mandate as instruction to your Bank for payment of the Subscription Fees; and
9.3.6 provide your credit or debit card details to us for the purposes set out in this clause 9
9.4 If your card details change or you wish to substitute another card you must notify us in writing immediately.
9.5 In the event that any payments falling due under these Conditions remain unpaid or if any Standing Order payment is rejected by your Bank, you hereby authorise us to collect such payment from your card including (for the avoidance of doubt) any payment falling due under the provisions of clause 10 below
9.6 If any payment is not made on the date when it is due (and in addition to our rights as set out in condition 10) we reserve the right to:-
9.6.7 charge you interest at an annual rate of five per cent (5%) above the base rate of the Bank of England from time to time from the date the payment was due until the date it is made both after as well as before any judgment; and
9.6.8 suspend the provision of the Service to you until all outstanding sums have been paid;
9.7 In the event of the Service being suspended for whatever cause you must pay us an administration fee of £25.00 plus VAT before we will reactivate it.
10. Term and Termination
10.1 Upon the expiry of the Initial Term and unless you have given us not less than two month’s written notice to terminate the Contract then the Contract will renew for the Renewal Term (including your obligation to pay the Subscription Fees).
10.2 Without prejudice to any other provision contained within the these Conditions we may terminate the Contract forthwith by Notice in writing if:-
10.2.9 you breach our Prohibited Purpose Policy; or
10.2.10 you commit a material breach of the Contract which is incapable of remedy; or
10.2.11 you commit any other material breach which is capable of remedy but which you fail to remedy within fourteen days of written notice by us specifying the breach and requiring its remedy;
10.3 Any termination of the Contract howsoever caused shall not affect any accrued rights or liabilities of either of us arising out of the Contract
10.4 On termination of the Contract for any reason other than arising out of a breach by us of its provisions you must forthwith pay us all Subscription Fees then outstanding together with the lesser of £119.99 (+VAT) or such sum as is equal to the entirety of the Subscription Fees for the remainder of the Term which shall become immediately due and payable
10.5 You may cancel the Contract at any time provided that you shall have first paid to us the sum referred to in condition 10.4
 
11. Proprietary Rights
11.1 Copyright and all other proprietary rights in the Equipment and associated documentation and any documentation (electronic or otherwise) supplied in respect of the Service and all parts and copies thereof shall remain vested in us or, for third party equipment, in the Supplier
12. Assignment
12.1 We may assign the Contract or any part of it to any person, firm or company
12.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent
13. Defective Equipment
13.1 If any of the Equipment is defective in any material respect or does not comply with the Contract you must give written notice to us within thirty days of delivery and we shall at your option:-
13.1.12 replace the defective Equipment; or
13.1.13 refund to you the price for the Equipment which is defective together with the Subscription Fees to that date;
but we shall have no further liability to you in respect thereof and you may not reject the Equipment if notice is not given by you as aforesaid
13.2 You must pay all shipping and delivery costs in respect of any Equipment returned to us under this condition 13
13.3 We shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to abnormal conditions, failure to follow ours or the Supplier’s instructions (whether oral or in writing), attempts to install by a person other than a qualified installer instructed by us, mis-use or alteration of the Equipment without our approval, or any other act or omission on your part or by any of your agents or any third party
14. Your Obligations
14.1 In the event that you return any defective Equipment under the provisions of this clause 13 then you will be responsible to ensure that, except to the extent that instructions as to the use of the Equipment are contained in the packaging or labelling of the Equipment, any use of the Equipment by you is carried out in accordance with directions given by us or our Supplier and you will indemnify us against any liability, loss or damage which we might suffer as a result of your failure to comply with this condition
14.2 In order to enable us to perform our obligations you shall:-
14.2.14 co-operate with us and comply with our reasonable requirements
14.2.15 furnish us promptly upon receipt of a request with such information as we may reasonably require for the provision of the Service
14.3 Ensure the accuracy and validity of all information provided to us
14.4 Ensure that the Equipment provided by us shall not be modified, changed or removed without our prior written permission. Where such Equipment is modified, changed or removed, then the cost of restoring or replacing the Equipment shall be recoverable from you.
14.5 You should insure the Equipment for its full replacement cost since in the event that it is damaged or stolen you will be unable to use the Service without purchasing replacement Equipment from us but you will remain liable for and must continue to pay the Subscription Fees for the remainder of the Term. You will be unable to access the Service through any replacement equipment not supplied by us.
15. Limitation of Liability
15.1 Nothing in these Conditions shall exclude or limit our liability to you for death or personal injury arising out of our negligence
15.2 We shall not be liable to you under any circumstances for any indirect or consequential loss or
loss of profit or other economic loss howsoever caused
15.3 Our total liability to you shall not exceed the total Subscription Fees that have been paid to us by you during the Term
16. Communications
16.1 All communications between us about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or by electronic mail and shall be deemed delivered:-
16.1.16 (in the case of communications to us) to our registered office or such other address as we notify to you; or
16.1.17 (in the case of communications to you) to your address set out in the Order or such other address as you shall notify to us
16.2 Communication shall be deemed to have been received:-
16.2.18 if sent by pre-paid first class post two Business Days after posting (exclusive of the day of posting); or
16.2.19 if delivered by hand on the day of delivery;
16.2.20 if sent by fax or electronic mail on a Business Day prior to 4.00pm at the time of transmission and otherwise on the next Business Day
17. Force Majeure
17.1 In the event that either of us is prevented from fulfilling our obligations under the Contract by reason of any supervening event beyond our control including but not limited to war, national emergency, flood, earthquake, strike or lockout (except where such strike or lockout has been induced by the parties so incapacitated) the incapacitated party shall not be deemed to be in breach of its obligations under the Contract provided it immediately gives notice of this to the other party and takes all reasonable steps to resume performance its obligations
17.2 If and when the period of such incapacity exceeds six months then the Contract shall automatically terminate unless we first agree otherwise in writing
18. Waiver
18.1 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision
19. Severance
19.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby
20. Variation
20.1 No variation in the provisions of the Contract shall be of any effect unless made in writing and signed by us both
21. Third Party Rights
21.1 A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999
22. Governing Law in Jurisdiction
These Conditions shall be governed by the Laws of England and Wales and both you and we agree to submit to the exclusive jurisdiction of the English Courts
Annex one: Congestion policy and Promotional Service class
Excessive Utilization of Network Resources - Congestion Policy - Network Protection
Tooway will make its best efforts to allow the Subscription traffic is transmitted without congestion. However, satellite-based networks have capacity limits, and all customers can suffer from degraded or denied service when one user (or a small group of users) consumes a disproportionate amount of a network’s resources. Tooway, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the network or network usage by others. This process of monitoring both overall network performance and individual resource consumption is consistent with the description of the nature of the Service.
We reserve the right to engage in reasonable network management to protect the overall network, including analysing traffic patterns and preventing the distribution of viruses or other malicious code. During periods of congestion, Tooway uses various network management techniques, such as reducing the data rate of individual bandwidth intensive users whose use is negatively impacting other users. This temporarily limits the amount of bandwidth available to the bandwidth intensive Service Accounts until the congestion has diminished, at which point Tooway will endeavour to lift any limits it may have imposed on bandwidth intensive users during the period of congestion.
Tooway may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive Service Accounts during periods of congestion. In these eventualities, the necessary traffic policy will be applied using best technical efforts in order to safeguard the integrity of the network.
Skylogic reserves the right to immediately restrict, suspend or terminate Service to an abuser without further notice in order to protect the network and minimize congestion abused by the excessive use. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by resource consumption relative to that of a typical individual Subscription of the same Service Class and not by the use of any particular application.
Utilisation of Network Resources for Promotional Service Classes
If, as a consequence of any special offer expressly qualified as such by Tooway, the Client purchases Subscriptions of a Service Class that does impose higher limits on the amount of data the Service Account may download or upload during a month (or other applicable service period), the Client represents that he’s aware that such promotional plans are nevertheless subject to the provisions of this section. What this means is that all of the provisions described in this section, including those that describe how Tooway may perform reasonable network management such as reducing the data rate of bandwidth intensive users during periods of congestion, will apply to the use of the Service. In case of use of the term “unlimited” the term “unlimited” does not mean that Tooway will not take steps to reduce the data rate during periods of congestion or take other actions described in this section when a Service Account’s usage is negatively impacting the Internet experience of other subscribers to the Tooway Service.
Annex two: Volume Booster definition and associated fees
Volume Boosters will provide the possibility to Clients to occasionally assign to their Accounts a given amount of extra-volume traffic. Once assigned to a given Account, this extra volume of traffic will be made available on top of the traffic allowed by the Service Level currently associated to the Account.
1. A Volume Booster can be assigned to one single Account only (i.e. a specific Volume Booster cannot be assigned to more than one Account).
2. A given Account can be simultaneously associated to several Volume Boosters. Volume Boosters assigned to the same Account will be consumed from the least to the most recently assigned.
3. Each Volume Booster assigned to a given Account will allow that Account an extra amount of volume on top of the volume identified by the Monthly Quota. The volume Booster allows a return to the Service Level peak rate thanks to the account no longer being impacted by the Fair Usage Policy
Every 15 minutes the system verifies if the Account has exceeded the amount of traffic volume granted by the following two thresholds:
- 50% of the Consumption Profile and account impacted by The Congestion policy;
- 100% of the Consumption Profile;
if either of the two conditions above is true, then the Volume Booster is used, and its volume consumed; if this is not the case, the Volume Booster is not consumed and the Account uses the standard volume assigned to it.
4. Once assigned to an Account, a Volume Booster cannot be reassigned.
5. Where Change of Service Level for an Account is possible, assigned Boosters shall remain unchanged.
6. A Volume Booster can be used without time constraints as long as the Account is active. When an Account expires, all unused and partially used Boosters assigned to this Account will expire as well.
7. Consumption of Volume Booster is stopped during the night time for products featuring the unlimited night consumption feature.
8. Volume Boosters are chargeable in advance at £10 (plus VAT).