These terms and conditions (the 'Conditions') govern your use of the ADSL service; the content features and functionality of the service are described through the web site, (the 'Service'). The Service is supplied by ChunkyChips, company No. 4630723 ('ChunkyChips').

1. DEFINITIONS

Please note some terms used in these Conditions will have a certain meaning.

"Act" - means the Telecommunications Act 1984.
"Access Line" - means the telecommunications circuit that you use to obtain telecommunications services over the public switched telephone network at the Premises as notified by you to us.
"Agreement" - means these Conditions including the schedule, together with the applicable Order Form.
"Business Customer" - means you are (i) a person who uses the Service in connection with your trade, business or profession; or (ii) a company, partnership or other organisation other than a Consumer.
"Carrier" - means any supplier of telecommunications services to us for the Service.
"Consumer" - means that your use of the Service is for personal use only and you do not use the Service as a Business Customer; if you change your use during the term of this Agreement from consumer to business use, the Business Customer provisions of this Agreement will apply to you.
"Customer Apparatus" - means apparatus belonging to you not forming part of the Equipment but which may be connected to the Equipment.
"ChunkyChips System" - means the telecommunication system which ChunkyChips.Net Ltd runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, us from a third party.
"Equipment" - means any apparatus or equipment provided by us or any third party to you at the Premises to enable provision of the Service.
"Minimum Period of Service" - means the period of twelve (12) months from the date when you start to receive the live Service.
"Order Form" - means the form which you sign to order the Service.
"Physical Characteristics" - means two (2) wall mounted power sockets within two (2) metres of the master phone socket and an exisitng British Telecommunications analogue telephone line.
"Premises" - means your premises where the Service is to be received.
"Service" - means the installation, connection and supply of a telecommunications circuit capable of supporting ADSL services at the Premises and the provision of telecommunication services over such circuit.
"Standard Tests" - means the tests carried out by us or any third party to determine whether the Service is ready.
"we", "us" and "our" - means ChunkyChips.net Ltd.
"you" - means the person (whether a Consumer or Business Customer) who orders the Service.

The Order Form details the price and other individual features of your application to receive the Service. If you are a Consumer, you have a right to cancel your order for Service as detailed in paragraph 12 of these Conditions.

These Conditions, together with ChunkyChips Acceptable Use Policy ("AUP"), explain our responsibilities to you and your responsibilities to us and to other users of the Service ("Users"). The AUP in particular outlines what we consider to be unacceptable use of the Internet by our customers so that we can take appropriate steps against abusers of the Internet. All references to "Conditions" include reference to the Order Form and the following AUPs : Internet Access, Mail, Usenet, User Homepages and Generic Commerce.

The AUP and the Order Form is an integral part of these Conditions and, unless otherwise expressly stated, all references to "Conditions" include reference to the AUP and to the Order Form. Please indicate your acceptance of the provisions of these Conditions, including the AUP and the Order Form, by signing the Order Form

If there is anything you do not understand, please phone us via our Customer Service Department on 0870 255 8000 between 9am and 5:30pm or email us at customerservice@ChunkyChips.net
If you are a Consumer, you must be 18 years or older to register for the Service. By signing the Order Form, you confirm to us that you are 18 years of age or older.

2. PROVISION OF THE SERVICE

2.1 Service is described on the Order Form and on the website.

2.2 The provisions of the Order Form are binding on us once we confirm to you acceptance in writing of your order. You agree to receive the Service and pay the fees for the Service for the Minimum Period of Service.

2.3 We will provide the Service to you with reasonable skill and care. It is technically impracticable to provide the Service free of faults and we do not undertake to do so. If you are a Business Customer, we exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it.

2.4 To use the Service, you need to supply us with certain details on your Order Form. We will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.

2.5 We shall provide the Service to you according to the Conditions of this Agreement. We may obtain telecommunications services from a Carrier in order to supply the Service to you. You accept that it is technically impracticable to provide telecommunications services, which are entirely free of faults and we do not undertake to do so.

2.6 You must have an Access Line with the Physical Characteristics in order to receive the Service. If you change from the Physical Characteristics we cannot be held responsible if you are no longer able to receive the Service.

2.7 We may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. We will give you as much notice as possible of any planned interruption of your Service.

2.8 We will correct reported faults as soon as possible. Should you encounter a fault with the Service you should report the fault at any time to the ChunkyChips ADSL helpdesk on telephone number 0870 255 8000. We shall investigate the fault and will actively deal with the fault report between the hours of 9.00am and 5.30pm Monday to Friday, excluding public holidays.

2.9 We may include links from time to time from the Service to other Internet sites. We have no control over the content of such sites and disclaims any liability in respect of your use of such sites. You may wish to use one of the available filtering software products to help prevent access to certain web content. If you would like suggestions as to packages available then contact us on 0870 2558000 or by email customerservice@ChunkyChips.net

2.10 You acknowledge that the Service shall be provided by us at the Premises and that under these Conditions you cannot require us to transfer the Service or Equipment to another location. In the event you request the Equipment to be moved to another location within the Premises, we reserve the right to accept or reject such request and our decision shall be final. Any expense incurred in such move of the Equipment within the Premises shall be incurred by you.

3. MINIMUM PERIOD OF SERVICE

3.1 The Minimum period of Service begins on the date when you start to receive the live Service but it does not prevent us from suspending or terminating the Service under paragraphs 10 and 11.

4. FEES

4.1 We shall provide you with the Service for the fees as set out on the Order Form. These fees are payable monthly in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. We accept major credit cards, cheques or Standing Order payments.

4.2 All fees are subject to change from time to time in the event that the Carrier increases its fees to us. Details of any such increase shall be posted in accordance with the notice process in paragraph 20 of these Conditions and, if you are a Consumer, you have the right to cancel the Service. You may do so by writing to us indicating your intention to cancel and either (a) send it to us at Customer Services, Units 1-2, Cornell Estate, Navigation Road, Chelmsford, Essex, CM2 6HE; (b) leave it at the above address; (c) send it by fax to 0870 255 7007; or (d) send it by email to customerservice@ChunkyChips.net. In addition to the fee set out on the Order Form, we shall be entitled to charge the fees set out in the schedule to these Conditions for the reasons given.

5. ACCESS

5.1 You hereby irrevocably give permission to us and our employees, agents or contractors to:

5.1.1 execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement, renewal or removal of the Equipment.

5.1.2 keep and operate the Equipment installed on, under or over the Premises

5.1.3 enter the Premises to inspect any telecommunication apparatus kept on, under or over the Premises or elsewhere for the purposes of the ChunkyChips System.

The permission set out above shall continue in force after cancellation or termination of this Agreement until such time as we have removed all Equipment from the Premises.

5.2 You must allow us or any Carrier to have access to the Premises at all reasonable hours for the purpose of testing or maintaining any of the Equipment and/or the Service and provide a safe and suitable environment for such access visits.

6. INSTALLATION

6.1 We shall attempt to provide and install or procure the provision and installation of the Equipment at the Premises so that the Service can be provided on or before any installation date specified or agreed to by us. Any installation date given is an estimate only and we shall not be liable for any failure to meet such installation date.

6.2 We shall supply you with the relevant information to enable you suitably to prepare the Premises for delivery and installation of the Equipment. You shall at your expense provide suitable accommodation, facilities and environmental conditions for the Equipment.

6.3 We shall attempt to comply with your reasonable requests in respect of installation but our decision on the routing of cables and wires and the positioning of outlets and the Equipment shall be final.

6.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Equipment at such points and with such connections as specified by us. Unless otherwise agreed, this power supply is to be provided by you. We shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.

6.5 You acknowledge that during the installation of the Equipment for the provision of the Service your Access Line may suffer a temporary loss of service which shall be reinstated following installation and/or interference to any other Customer Apparatus or services used in connection with the Access Line (e.g. Access Line security systems) without any liability to us.

7. OUR EQUIPMENT

7.1 You agree not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Equipment or prevent easy access to it.

7.2 You shall procure at your own expense all permissions, licences, registrations and approvals necessary for us to deliver, install and maintain the Equipment for the provision of the Services.

7.3 Following the installation of the Equipment Standard, Tests shall be carried out by us to ensure that the Service is ready for use. If the Service is not ready for use, we shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. You shall be entitled to use the Services following us informing you of successful completion of the Standard Tests.

7.4 The Equipment shall remain the property of ChunkyChips or the supplier of such Equipment and you shall at all times make clear to third parties that such Equipment is the property of ChunkyChips or a third party supplier of such Equipment.

7.5 You shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. You shall be liable to us for any loss or damage to the Equipment (except where it can be shown that such loss or damage was caused by our negligence or due to fair wear and tear). You will notify us immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) you undertake:

7.5.1 to keep the Equipment at the Premises and not to move it.

7.5.2 to comply with all instructions as we may notify to you and/or with the manufacturer's instructions relating to the Equipment.

7.5.3 not to cause the Equipment to be repaired or otherwise maintained except by an authorised representative of ChunkyChips.

7.5.4 not to cause any attachments other than those approved for connection under the Act in writing by us or as otherwise entrusted to be fitted to the Equipment.

7.5.5 not to do anything nor to allow to subsist any circumstances likely to damage the Equipment or detract from or impair its performance or operation and not to add, modify, or in any way interfere with or impair the performance of the Equipment, except as set out in paragraph 8.

7.5.6 not to attempt to sell, transfer, dispose of, let, mortgage or charge the Equipment or suffer any distress, seizure or execution to be levied against the Equipment or otherwise do anything prejudicial to ChunkyChips or the owner’s rights in the Equipment.

8. CUSTOMER APPARATUS

8.1 You shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

8.2 You shall ensure that such Customer Apparatus complies with any applicable law. You shall immediately disconnect any such apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) for the time being in force. We reserve the right to disconnect any apparatus used by you if you do not fulfil your obligations under this paragraph or if, in our opinion, such apparatus may cause the death or any personal injury to any person or damage to property or materially impairs the quality of any telecommunication service provided by means of the ChunkyChips System and you agree to disconnect such apparatus at our request.

9. YOUR USE OF THE SERVICE

9.1 You must NOT use the Service:

9.1.1 in a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent; or

9.1.2 in connection with the carrying out of a fraud or criminal offence against any telecommunications operator; or

9.1.3 to send, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which cause overloads to the ChunkyChips System; or

9.1.4 to send or procure the sending of unsolicited advertising or promotional material; or

9.1.5 in a way that does not comply with any instructions given by us for reasons of health, safety or the quality of the Carrier’s telecommunications services or the ChunkyChips System; or

9.1.6 attempt to use the Service in a way that modifies, decompiles or reconfigures or attempt to modify or reconfigure the Service or any Equipment or software or copy any manual or documentation relating to the Service, without our prior written consent, except as set out in paragraph 8.

9.2 You will co-operate with our reasonable requests for information regarding your use of the Service and supply such information without delay.

9.3 If you are a Consumer - You shall not provide or share your use of the Service (or any part of it), in any way with any other person except with members of your household at the same address.

9.4 If you are a Business Customer - You may not make any unauthorised commercial use of the Service. You agree to keep full and accurate records of any and all operating units on or in connection with which the Service is enabled and shall permit us to review and evaluate such records from time to time to ensure your compliance with your obligations in this paragraph 9.4.

9.5 If you are a Consumer - The Service is supplied to you for your personal use. You may not commercialise it or use it in connection with any occupation, trade or profession without our prior written consent.

9.6 Where you use the Service to reach networks and services not operated by us, you will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.

10. BREACH OF CONDITIONS

If you are a Business Customer:

10.1 We shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to our network systems or security and in doing so we will act reasonably and fairly at all times.

10.2 We reserve the right to take any action we deem appropriate and proportionate to the breach of the Conditions.

10.3 If we decide that you have breached the Conditions, we will use reasonable endeavours to ensure that you are made aware of the breach without suspension or termination of the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further. We reserve the right to suspend or end your Account at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service.

If you are a Consumer:

10.4 We shall investigate any suspected or alleged breach of these Conditions and in doing so we will act reasonably and fairly at all times. We reserve the right to take any action we deem reasonably appropriate and proportionate to the breach of the Conditions.

10.5 If we decide that you have breached the Conditions, we will use reasonable endeavours to give you seven (7) days notice of our intention to suspend or end the Service and, if the breach is capable of remedy by you, you will have the opportunity to remedy the breach before the end of the seven (7) day notice period. If the breach is incapable of remedy, or you fail to remedy it, we reserve the right to suspend or end the Service at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. Particular examples of breaches that are incapable of remedy include jeopardising or compromising the security or integrity of our network and serious breach of the AUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service. However it may be necessary, due to the severity of the breach, to suspend or end the Service whilst details of the breach are investigated further.

11. TERMINATION

11.1 You may end this Agreement to take effect after the Minimum Period of Service by giving us not less than thirty (30) days written notice. If you wish to end this Agreement before the end of the Minimum Period of Service, we shall be entitled to charge you fees which would have been payable by you for the balance of the Minimum Period of Service.

11.2 We may end this Agreement immediately upon written notice to you if:

11.2.1 it becomes unlawful for (i) us or the Carrier supporting the Service to continue to provide the Service; or (ii) us or the Carrier supporting the Service is required to cease the Service by a competent regulatory authority; or

11.2.2 the Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services to us for the Service beyond the reasonable control of us; or

11.2.3 you (or a third party acting on your behalf or instruction) fail to comply with any of the material terms or conditions of this Agreement including your obligation to pay and you do not remedy such failure within fifteen (15) days of a request to do so.

11.3 Your right to use the Service shall immediately terminate when this Agreement comes to an end.

12. RIGHT TO CANCEL

12.1 If you are a Consumer, and provided that your Service remains inactive for seven (7) days from the date you sign the Order Form, you may cancel the Service at any time during such seven (7) day period without liability to us. We will refund all monies you have paid to us within thirty (30) days of receipt of your notification that you wish to cancel. You may do so by completing the Cancellation Form available by phoning us on 0870 2558000 or writing to us indicating your intention to cancel. In either case you must either (a) send it to us at Customer Services, Units 1-2, Cornell Estate, Navigation Road, Chelmsford, Essex, CM2 6HE (b) it by fax to 0870 255 7007; or send it by email to customerservice@ChunkyChips.net You cannot cancel by way of this paragraph 12 once you have used your Service.

13. LIMITATION ON LIABILITY

13.1 Nothing in this Agreement shall exclude or limit liability for (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or (b) fraud.

13.2 We shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:

13.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

13.2.2 any loss of goodwill or reputation; or

13.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.

13.3 Excepting paragraphs 13.1 and 13.2, our liability in contract, tort, negligence or otherwise arising in connection with this Agreement shall be limited to ten thousand pounds (£10,000) for any event or related series of events and twenty five thousand pounds (£25,000) for all events in any period of twelve (12) months

13.4 You are solely responsible for any liability arising out of any content provided by you and/or any material to which other users can link to through such content. Any data included in the Equipment upon installation by us is for testing use only and we hereby disclaim any and all liability arising there from.

14. INDEMNITY

14.1 If you are a Business Customer, you agree to indemnify and hold us harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by you; and (b) any transmission or receipt of any content or message which you have requested or made using the Service.

14.2 If you are a Consumer, you must indemnify us against any claims or legal proceedings arising from your use of the Service under these Conditions (including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) that are brought or threatened against us by another person where you are at fault.

15. DATA PROTECTION/PERSONAL DETAILS

15.1 We may retain your personal data, and you authorise us to use your personal data, for the following purposes:

15.1.1 provision of the Service to you.

15.1.2 keeping of a record for a reasonable period after termination of your Service.

15.1.3 operation and enforcement of these Conditions.

15.1.4 technical maintenance.

15.1.5 providing you with information about other services we offer, subject to your right to opt out of receiving such information on Registration.

15.1.6 transferring it to another company in the event of a sale of ChunkyChips.Net Ltd.

15.1.7 legal compliance including disclosing it to any third party who we reasonably consider has a legitimate interest in any such investigation or its outcome.

15.2 It is your responsibility to keep the personal data that you provide to us up to date. We may send notices or other information to you at the address you give us. You should notify us immediately of any change to your personal data by sending us an email to customerservice@ChunkyChips.net

16. NOTICES

16.1 Any notice required or permitted under this Agreement must be in English and in writing and sent either: by email to customerservice@ChunkyChips.net or by post to

ChunkyChips Internet,
1-2 Cornell Estate,
Navigation Road,
Chelmsford,
Essex
CM2 6HE

16.2 Any notice to be sent to you will be sent to the address which you provide on the Order Form or such other address as you shall have given written notice of as the billing address.

17. ASSIGNMENT

17.1 We reserve the right to assign or sub-contract any or all of our rights and obligations under this Agreement without your further consent to such assignment or sub-contract. You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior written consent of us.

18. MATTERS BEYOND THE PARTIES' REASONABLE CONTROL

18.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations.

19. PROPRIETARY RIGHTS

19.1 All title, interests, and rights (including intellectual property rights) in the Service remain in ChunkyChips and/or its suppliers. You acknowledge such title, interest and rights and you shall not take any action to jeopardise, limit or interfere in any manner with our (or any third party supplier’s) title, interests or rights with respect to the Service including, but not limited to, using our trademarks or trade name.

19.2 You are the registered owner of your domain name for the Service and can transfer it upon termination of this Agreement to another Internet service provider. We will not charge you for this transfer.

20. AMENDMENT OF THESE CONDITIONS

20.1 If you are a Business Customer, we reserve the right to add to and/or amend the Conditions at any time. If we amend these Conditions, we will notify you by sending you a letter or email advising of the amendment thirty (30) days before the amendment is to take effect. If you continue to use the Service after any amendments to these Conditions have been notified to you, you will be deemed to have accepted such amendments.

20.2 If you are a Consumer, we reserve the right to add to and/or amend the Conditions at any time. If we amend these Conditions, we will send you a letter or email advising of the amendment thirty (30) days before the amendment is to take effect. You may end your use of the Service by sending us an email to customerservice@ChunkyChips.net within thirty (30) days of receiving our notification. We will then reimburse you any fees paid to us for Service after such end date. If you continue to use the Service after any amendments to these Conditions have been notified to you and after the thirty (30) day period has expired, you will be deemed to have accepted such amendments.

21. MISCELLANEOUS

21.1 Any amendment to this Agreement must be in writing and signed by an authorised representative of each party.

21.2 The Agreement and the Service shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England.

21.3 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to this Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.

21.4 Any failure by either party to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.

SCHEDULE

Change from NAT to non-NAT (or vice versa) - £165.00+VAT

Allocation of additional IP addresses - £165.00+VAT

Cancellation of ChunkyChips Business Account - If a customer cancels after ordering the service but before the operational service date (live date) then there will be a charge depending on how many workings days before the live date it is:
up to 2 working days £100.00+VAT
3-5 working days £150.00+ VAT

Cancellation of ChunkyChips ADSL Business 500,1000,2000, MAX (Pro) - If a customer cancels after ordering the service but before the operational service date (live date) then there will be a charge depending on how many workings days before the live date it is.
up to 2 working days £250.00+VAT
3-5 working days £150.00+ VAT

Internal Relocation - If a customer wants to relocate the connection from one room/floor to another within the same building - £100.00+VAT

Abortive Visit Charge - Abortive visits include attendance to incorrect address provided by the customer, site does not meet requirements specified by BT, End User has not agreed to take the service at the appointed time as agreed between BT and us. - £125.00+VAT

Administration Charges - Where order details received from the customer are illegible, materially incorrect or incomplete, BT reserve the right to charge ChunkyChips. - £25.00+VAT per hour, (minimum £50.00+VAT)

Reworking Charge - If You consent to a Carrier engineer making good any existing non-Carrier installed wiring to make it fit for installation of the Service - Carrier will charge you directly.