Terms and Conditions
List of Contents
Vulnerability Scanning Terms & Conditions
This document aims to cover the Terms and Conditions associated with a business receiving an Assessment by Wanstor Limited.
- 1 Parties
- The client is the party that has requested the assessor to perform a security assessment. The ‘Assessor’ is the party that will perform the security assessment as requested by the client.
- 2 Scope
- 2.1 Test Activities
- The following tests will be executed:
- External vulnerability assessment from the Internet
- 2.2 Timeframe
- The assessment will be conducted in the following timeframe(s): 24 hours
- 2.3 Denial of Service
- The assessor will not knowingly execute tests of which it is known that they will render services provided by the subject unusable.
- 2.4 Alternation of data
- The assessor will not attempt to alter data on any system in scope. Client hereby gives explicit permission to do so and accepts the risk(s) of such alteration(s).
- 2.5 Denial of Service
- The assessor will not knowingly execute tests of which it is known that they will render services provided by the subject unusable.
- 2.6 Alternation of data
- The assessor will not attempt to alter data on any system in scope. Client hereby gives explicit permission to do so and accepts the risk(s) of such alteration(s).
- 3 Contractual arrangements
- The relevant parties declare that the following contracts are in place:
- Client and assessor have a legally binding contract for the assessment
- Client and service provider have a legally binding contract for the hosting, management, maintenance and / or execution of services included in the scope of the assessment
- 4 Legal liability
- Breaking into a computer system is not allowed by law. The assessment may include activities such as breaking security measures, producing false signals and/or keys or assuming a false identity. However, within the scope of the assessment, the assessor is performing activities on request of the client, therefore neither the client or the service provider or anybody on their behalf will hold the assessor liable or press legal and/or criminal charges. Client and service provider will not hold the assessor liable for any damage to systems or service in scope as a result of the assessment and any third-party claims of such nature. The assessor understands that it may still be held liable for any of these activities outside the scope of the assessment or in case of gross neglect or abuse.
- 4.1 Your Identity and Authority
- You confirm that you have the ownership of the IPs you are providing us with in order to perform the Assessment. Where IPs are managed or owned by third parties (such as website hosting), you confirm also that you have been granted authorisation from them in order for us to scan them. All of the IP information that you are providing us with is accurate.
- 5 Risks
- 5.1 Operational impact
- Even though all parties will do their best to prevent it, a security assessment may impact the confidentiality, integrity or availability of the subject. The assessor advises both client and service provider to make sure that systems, services and or data can be satisfactory restored should this be necessary.
- 5.2 Project risks
- A security assessment can potentially identify issues that due to their nature need to be addressed before deployment of the subject. Parties are aware that this may impact project timelines.
- 5.3 Completeness
- The results from a security assessment are the indication of the security posture of the subject at the time of the test, they do not provide any guarantees for the future. No security assessment can guarantee 100% security. Commercial off-the-shelf (COTS) and custom software often contain unknown (security) flaws that may not be discovered during the audit.
- 6 Practicalities
- 6.1 Support
- The client requests the service provider to provide full cooperation to the assessment.
- 6.2 Change Control
- Any changes to the subject during the assessment will impact the accuracy of the assessment. Significant changes will only be performed after consultation with the assessor.
- 6.3 Reporting
- A brief summary of the issues will be communicated with the contact person of the assessment.
- A call will be scheduled with the contact to provide the full report, including recommendations.
- The copyright of the distributed materials rests with the client. The assessor will transfer the full rights to use the report to the client. The distributed materials will not be protected with electronic copy protection measures. Examples of these measures are Digital Rights Management, blocking of printing, blocking of the clipboard or substitution of fonts.
- 7 Confidentiality
- Disclosing party is the party that discloses confidential information.
- Receiving party/parties are those parties receiving such information.
- All information exchanged between the parties will be regarded confidential.
- Receiving parties will not disclose confidential information to any person, firm, cooperation or any other entity for any reason whatsoever, provided however, that such party may disclose the Confidential Information on a need-to-know basis to its professional advisers and all staff, both support and management, employed by it or any of its subsidiary, affiliated or associate companies provided that such persons are bound by a similar duty of confidentiality.
- The Receiving Party must protect the Confidential Information of the Disclosing Party using a reasonable degree of care.
- The obligations pursuant to this agreement do not apply to any Confidential Information that:
- is lawfully in the possession of the Receiving Party prior to receipt from the Disclosing Party;
- is or becomes publicly known, otherwise than as a consequence of a breach of this agreement; or
- is received from a third party without breach of any other relevant confidentiality obligation.
- The obligations in this agreement do not apply to disclosing Confidential Information either (i) to a third party pursuant to a written authorisation from the Disclosing Party; or (ii) to satisfy a requirement of, or demand by, a competent court of law or governmental, or regulatory body or listing authority.
- 8 Governing Law
- This agreement is governed by, and will be construed in accordance with British Law. The parties submit to the non-exclusive jurisdiction of the courts of The Netherlands in relation to any legal actions or proceedings arising out of or in connection with this agreement. Damages would not be an adequate remedy for any breach of this Agreement and the parties shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this Agreement and no proof of special damages shall be necessary for the enforcement of this Agreement.
Domain Names Terms & Conditions
Wanstor acts as a registrar and is therefore able to register and maintain domains on your behalf. Our registrar tag is WANSTOR.
In line with Nominet guidelines, Wanstor must provide you with the following domain name information.
Customer Service Level Agreement
You can contact us at any time, by phone on 0207 592 7860 or by email at email@example.com.
We will respond to all points of contact within one business day and aim to resolve any issues that you have within five business days.
Wanstor operate 24/7/365.
Domain Name Registration
Wanstor's standard domain registration process is as follows:
- We will investigate the availability of the domain(s) to understand if it is possible to register
- If available, we will inform you of costs and the annual renewal period
- Once accepted, we will purchase and register the domain on your behalf. You have the option to reject or respond when we notify you of the domain registration details, price and future domain renewals options
- If agreed and registered, we will confirm in writing and advise of the renewal and cancellation process
- Customers registering UK domains with Wanstor are made aware of the Nominet Terms and Conditions
Domain Name Renewal
All domains managed by Wanstor are automatic renewed. This means that unless otherwise instructed by you, all of the domains that we manage on your behalf will automatically renew at the end of their registration period.
.co.uk domain names are renewed every 2 years, with other domains including .com and .net being renewed annually.
Domain Name Cancellation
If you no longer require a domain that is currently managed by Wanstor, we require a 90 day notice period, prior to the renewal date.
If we do not receive instruction within this time period, we cannot guarantee that we will be able to stop the domain from renewing over the next registration period.
Failure to provide the required notice for cancelling a domain name could result in you being billed for the next renewal period.
Domain Name Transfer
If you would like to transfer your domains away from our service, you can do so at any time.
Should you suffer any abuse including but not limited to spam emails and phishing scams then please contact us by phone on 0207 592 7860. We will review your issue as soon as possible and aim to resolve it within five business days.
Complaints and Appeal Procedures
Wanstor endeavours at all times to deliver a professional, courteous service. While we work hard to provide a high quality service, we are aware that sometimes you may feel you have not received a level of service which you expected. If this is the case please contact us by email at firstname.lastname@example.org or write to us at 124-126 Borough High Street, London, SE1 1LB. Your complaint will be logged and then tracked by a senior member of staff through to resolution.
If you are not satisfied with the response to your complaint and wish to escalate it further, please contact Nominet directly in order to do so.
Ethernet Terms & Conditions
The terms and conditions incorporated to the Customer Order / Service Schedule ("the Order") constitute an addendum to the Company’s Contract for Wanstor’s Service Agreement.
Defined terms used that are not defined in this Order shall have the meanings attributed to them in the Company’s Contract for Wanstor’s Service Agreement and any terms of such not expressly amended by this Order shall continue to have full force and effect.
In case of a conflict between the provisions of this Order and the Company’s Contract for Wanstor’s Service Agreement, the order of preference shall be as follows:
- 1). Order.
- 2). Company’s Contract for Wanstor’s Service Agreement.
This Order applies when the Customer purchases Wanstor’s Ethernet Service.
- 1. Applying for Initial Pricing
- 1.1. Initial pricing for all Ethernet Services shall be provided by Wanstor (the "Company") to the Customer prior to any submission of an order to the underlying access provider.
- 1.2. Initial prices for Ethernet Services are provided subject to the receipt of complete and valid information.
- 1.3. Initial prices are provided without Excess Construction Charges (as defined in clause 2.6 below) the requirement for which may become apparent during the order process.
- 1.4. All prices provided by the Company, although accurate at the time, are indicative only and subject to site survey. Definitive pricing can only be confirmed at point of order with the underlying access provider.
- 1.5. All Broadband backup services are quoted subject to availability.
- 2. Ordering
- 2.1. The ordering process for the Ethernet Service is set out in Wanstor Service Literature which is available upon request.
- 2.2. The Company shall order the Ethernet Service through the underlying access provider’s Portal. In instances where orders cannot be placed on the Portal the Company shall order the Ethernet Service by first having the Customer complete a Customer Requirements Form ("CRF") provided by Wanstor.
- 2.3. Wanstor shall validate any order received by whatever method before accepting it as an order. Wanstor reserves the right not to process a CRF which is incomplete or not completed in accordance with our guidelines.
- 2.4. Wanstor shall either provisionally accept or reject the order submitted by the Customer. Wanstor shall not be obliged to give any reason for the rejection of an order. Provisional acceptance shall be provisional on any necessary site and installation surveys as set out in clause 6 below. Provisional acceptance shall not be binding on Wanstor as regards any desired installation or commencement dates which shall be indicative in nature only.
- 2.5. Wanstor may, as part of its provisional acceptance of the order, impose special terms which will be advised to the Customer in writing. Any such special terms shall be deemed to be a variation of the Order. In the event that Wanstor imposes such special terms the Customer may cancel its order without penalty within 10 days of notification thereof by Wanstor.
- 2.6. Wanstor may vary the initial pricing provided by us (as set out in clause 1 above) by levying an additional charge where the provision of the Ethernet Service, or part thereof, requires the provision of resources that exceed the level of resource which would normally be required to supply such service ("Excess Construction Charges"). Wanstor shall notify the Customer of any such Excess Construction Charges. The Customer shall either accept such Excess Construction Charges, in which case they shall be deemed to be incorporated in the Order and a revised Order will be reissued to include such charges, or reject them, in which case the order will be deemed to be cancelled. If the Customer neither accepts nor rejects the Excess Construction Charges the order will be cancelled automatically by Wanstor 14 days after notification of such charges. Although Excess Construction Charges are typically identified following site survey, it is possible in certain circumstances that they may arise later on during the provisioning process if, following an attempt to deliver the Service, additional infrastructure, work is required to provide the Service.
- 2.7. Initial prices provided for the rental of IP addresses or for the installation of equipment by Wanstor are subject to subsequent change in the event that the prices charged to Wanstor by its supplier or sub-contractor are increased subsequent to the placing of the Order and before the service is activated.
- 3. Service Provision
- 3.1. Wanstor reserves the right not to provide the Ethernet Service to any site and to withdraw its provisional acceptance of an order for reasons including, but not limited to:
- i. The distance between a site and the point of presence of Wanstor or its underlying service provider;
- ii. If a site survey finds that a site is not suitable for the provision of the Ethernet or Broadband based backup Service; or
- iii. If the Customer does not agree to pay the Excess Construction Charges or any other Charges reasonably levied by Wanstor in addition to the Charges initially generated by the pricing tool.
- 3.2. Subject to clause 3.1 above Wanstor will issue a final notification of the order to the Customer. Such final notification will include the agreed date that installation of the Ethernet Service can be completed by Wanstor (the "Contractual Delivery Date").
- 3.3. The Contractual Delivery Date may be later than the End User Required Date if a) the End User Required Date falls before the minimum order lead times, as set out in the Service Literature, or b) Wanstor encounters delays (including, but not limited to, complications connected with the site survey) which could not reasonably have previously been foreseen.
- 3.4. On a date during the order fulfilment process which will be advised by Wanstor to the Customer, Wanstor or its nominated sub-contractor will visit the Customer site to install the network terminating equipment ("NTE"). Standard installation time is 3.75 hours. In the event that installation is extended beyond such time through no fault of Wanstor (including, but not limited to, un-readiness on the part of the Customer, difficulty in accessing the site, non-availability of the named contact, necessity of decommissioning redundant hardware or lack of availability of the required power circuits) Wanstor shall be entitled to charge the Customer with an additional thirty-eight per cent (38%) of the original installation charge. In the event that the Company has offered the Customer installation free of charge, as shown in "the Order", Wanstor shall be entitled to charge the Customer our Time related charges for Engineering Services of; one hundred and eighty-seven pounds & fifty pence (£187.50) for the 1st hour, and one hundred and thirty-five pounds (£135.00) for every additional hour thereafter. The Company’s Time related charges are billed in hourly units. Within two working days of completion of the installation of the NTE the Service will be connected to the underlying service provider Wanstor has chosen and, following the successful conclusion of a series of commissioning tests performed by Wanstor or its nominated sub-contractor, the Service will be deemed to be ready for use and Wanstor shall be entitled to invoice the Customer for such Service from this date ("the Installation Date"). The "Service Commencement Date" is subject to the installation of the required router (whether such is supplied by Wanstor or not) and the completion of successful testing of the final installation with Wanstor and may be subsequent to the date when the Service is deemed ready for use as set out above.
- 3.5. Wanstor shall be responsible for the provision of the Ethernet Service including the Broadband backup Service where applicable up to the Service Demarcation Point.
- 3.6. Wanstor will use reasonable efforts to install the Ethernet (including Broadband backup where applicable) Service by the Contractual Delivery Date and perform the commissioning tests within four working days thereafter, all in accordance with the service levels set out in Appendix 1 to this Order. The Customer acknowledges that all timeframes are estimates only and that service levels are target service levels only. Except as set out in Appendix 1, Wanstor has no liability for any failure to meet the Contractual Delivery Date or for any failure to meet any service levels or to repair a fault within any given timeframe.
- 3.7. The FTTC Ethernet Service requires a BT WLR3 line for service delivery. Wanstor will not accept an order for this Service if no such line is present. An order can be placed through Wanstor for the requisite line. This will be subject to a separate Charge.
- 3.8. The PSTN directory number is required to place an order for the FTTC Ethernet Service and the line must to be installed at the service point before an FTTC Ethernet order is placed.
- 3.9. The Broadband backup service requires a live BT WLR3 line clear of any other Broadband services for service delivery. This line must also be located within 2 metres of the Ethernet termination point and router location.
- 3.10. The Broadband backup option is based on underlying Broadband technology and as such does not carry the same guaranteed service levels as the Ethernet Service. If the requirement is for a guaranteed secondary service then a secondary Ethernet Service should be considered.
- 3.11. The Broadband backup Service is selected by the Wanstor based on suitability. In the event that the backup Service should prove inadequate following installation, Wanstor will modify the backup Service to an alternative backup Service or cease the original backup Service and supply an alternative backup Service where availability permits. Wanstor reserves the right to charge a reasonable price for the installation of any such alternative backup Service.
- 3.12. Maximum line speeds for the Broadband backup Service are constrained by the maximum line speed subject to the availability of the same as set out in BT’s advertised coverage of exchanges in the UK.
- 3.13. Simultaneous provision of the requisite BT WLR3 line together with Wanstor’s Broadband backup option is not available.
- 3.14. Where the Broadband backup Service is taken both the Ethernet primary Service and the Broadband backup Service will be delivered on the same day. If the Customer opts to take delivery of these services on different days and also opts for the onsite router installation option, each visit will incur Wanstor’s standard visit charge unless the Customer opts to connect the second service to the router that may have been provided by Wanstor. For the avoidance of doubt where the Broadband backup Service is added to an existing Ethernet primary Service and the Customer requires the onsite router installation such addition and installation will be subject to Wanstor’s standard charge for such work which is available upon request.
- 3.15. For a Fibre Ethernet with Fibre Ethernet backup Service, the actual resilient path of both fibre connections can only be confirmed following a site survey. In the event that, following such site survey, it is found that the two connections would have a shared route (or partial shared route) the Customer has the option of cancelling the Order without penalty.
- 3.16. For a Fibre Ethernet with an EFM backup Service, both services will terminate in the same exchange as it is not possible to route to different exchanges (Fibre with Fibre backup must be used for this requirement).
- 3.17. FTTC Ethernet is not currently available as a backup to either Fibre Ethernet or EFM.
- 4. Service Cessation and Cancellation
- 4.1. Ethernet Service to a site may be terminated by the Customer on 90 days’ written notice to Wanstor provided that the minimum term (as set out in the Order) has expired.
- 4.2. Wanstor may terminate the Ethernet Service or part thereof on 3 months’ written notice to the Customer provided that such notice extends the termination date beyond the end of the minimum term as set out in the Order for that circuit.
- 4.3. Wanstor may terminate the Ethernet Service immediately by notice to the Customer if required to do so by a direction of Ofcom.
- 4.4. If the Customer terminates the Ethernet Service or part thereof before the end of the minimum term Wanstor shall be entitled to invoice the Customer with Wanstor’s recurring Charges for that Service from the effective date of termination for the remainder of the minimum term.
- 4.5. The Company agrees that if the Ethernet Service or part thereof is terminated for any reason it will inform the Customer of that fact and that the Customer needs to make alternative arrangements. This clause shall survive the termination of such Service.
- 4.6. If the Customer cancels an ordered Service or any part of it, notwithstanding that such order has only been provisionally accepted by Wanstor, the Customer agrees to reimburse Wanstor for any costs it has incurred in preparing to deliver the Ethernet Service in addition to Wanstor’s standard cancellation charge, which is available upon request. Wanstor will take all reasonable steps to mitigate any such costs. If the Order includes any Excess Construction Charges such charges will be payable in full by the Customer on cancellation of an ordered Service.
- 4.7. If the Customer cancels a planned installation 48 hours prior to the installation date Wanstor shall be entitled to charge the Customer with the full amount which it would otherwise have charged for the aborted installation or, in the case of planned out of hours installations, 1.5 times its standard installation charge for planned installations after 17:30 on Business Days and Saturdays and 2 times its standard installation charge for planned installations on Sundays.
- 4.8. If the Customer requests a change to the Required Date and/or the Contractual Delivery Date (and this has been accepted by the both the Customer and Company) and subsequently cancels the order any cancellation charge will be calculated on the later of the revised Customer Required Date or Contractual Delivery Date, as the case may be.
- 4.9. If the cancellation of the order is due to Wanstor’s failure to provide the Ethernet Service within a reasonable time after the agreed Customer Required Date or Contractual Delivery Date, if later, no cancellation charge will be levied.
- 4.10. Any FTTC Ethernet Service will cease automatically if the underlying WLR3 Service is ceased. However the Customer will remain liable for any recurring fixed Charges for the remainder of the fixed term of the affected FTTC Ethernet contract.
- 4.11. Any FTTC broadband service is provided on a minimum 12 month term. Where a service is added to a live Ethernet primary connection that has a remaining contract period of less than 12 months, the FTTC broadband minimum 12 month term will still apply and Wanstor shall have the right to invoice the Customer for any unexpired part of such minimum term should the Service be terminated within this period.
- 4.12. Any FTTC/ADSL service terminated after the Service has been activated will be subject to Wanstor’s standard termination charges.
- 4.13. Any Ethernet Service terminated more than two days after receipt by the Customer of the CDD will incur a termination charge equal to the cost of installation on a one year contract.
- 5. Changes
- 5.1. The Customer may request a change to the bandwidth of an installed Ethernet Service as follows:
- i. Once a month in respect of an upgrade in the overall bandwidth; or
- ii. Once in any 12 month period in respect of a downgrade in the overall bandwidth; or
- iii. All such changes will be made in accordance with Wanstor’s appropriate lead times for such work.
- 5.2. Internal shifts are not part of the FTTC Ethernet or Broadband backup Service and must be ordered as part of the WLR3 service. Any shifts may impact on the FTTC Ethernet speed (in the form of either a slower or faster speed).
- 5.3. Where more than one downgrade occurs in any one 12 month period, the monthly rental shall not be reduced for the second and any subsequent downgrades.
- 5.4. The Charges where a second IP address range is taken are available upon request.
- 6. Surveys and Installation
- 6.1. Provision of the Ethernet Service will be subject to the completion of a satisfactory site survey by Wanstor or its sub-contractor. The Customer acknowledges that it will be necessary for Wanstor or its sub-contractor to visit site or sites to conduct such survey and for the purposes of installation.
- 6.2. Where an appointment is made for Wanstor or its sub-contractor to visit the Customer’s site, including for the purposes of a site survey or for installation, and the visit cannot be successfully completed due to:
- i. The inability of Wanstor or its sub-contractor, through no fault of their own, to complete the work;
- ii. The inability of Wanstor or its sub-contractor to gain access to the site or sites or any part thereof which is necessary for the work;
- iii. The appointment is broken by the Customer; or
- iv. Any other reason where Wanstor or its sub-contractor is not at fault,
- Wanstor will charge the Company with its standard aborted visit charge.
- 6.3. Unless otherwise agreed in writing between the parties the Customer must agree an appointment for installation at a site within 14 days of notification by Wanstor of Wanstor’s preferred installation date. In the event that the Customer does not agree such an appointment, the appointment will be deemed to have been fixed for Wanstor’s preferred installation date unless a revised Customer Required Date is subsequently agreed.
- 6.4. Site visits are subject to the site being within the United Kingdom (including Northern Ireland with the exception of Kingston upon Hull, Isle of Man, Isles of Scilly and the Channel Islands). Wanstor shall be entitled to levy reasonable additional charges for site visits and installations where this is not the case.
- 6.5. It is the Company’s responsibility to install a router at the Customer’s site or sites if part of the original order. Neither Wanstor nor its designated sub-contractor shall bear any liability for any delays in the provision of the Service due to delay in the installation of such router.
- 7. Service Assurance & Problem Management
- 7.1. The Customer’s nominated contacts will be the only point of contact with Wanstor for the notification of faults with the Ethernet Service and their resolution.
- 7.2. Wanstor and/or the supplier of such equipment will provide the warranty support of any equipment installed on a site as part of the Service on the Wanstor side of the Service Demarcation Point.
- 7.3. The Customer will be responsible for initial fault diagnosis and will report a fault to Wanstor only where it reasonably believes the fault is not caused by the Customer’s installed equipment or any malfunction on the Customer’s side of the Service Demarcation Point. Wanstor shall be entitled to charge the Customer with its standard abortive visit charge if a visit results in the fault being traced to any Customer’s installed equipment or any such malfunction (or if Wanstor or its sub-contractor fails to gain entry to the Customer’s site). Wanstor shall also be entitled to invoice the Customer for configuring, testing and despatching replacement routers in the event that no fault is subsequently found in the original router or its configuration (where provided by Wanstor) or where a fault has been incorrectly diagnosed by the Customer.
- 7.4. The Customer will report any faults using Wanstor’s procedures.
- 7.5. The Company is responsible for fault resolution for the underlying WLR element upon which any FTTC Ethernet Service operates.
- 7.6. The fault resolution time for the FTTC Ethernet Service as set out in Appendix 1 does not include any time taken to first resolve any WLR faults affecting the availability or performance of the FTTC Ethernet Service. The target fault resolution time will commence from the time that it is established that the WLR line is in working order and is not affecting the FTTC Ethernet Service. It is recommended that the underlying WLR3 line be ordered with Service Maintenance Level 4 (6 hour fix) to allow for quick resolution of any faults relating to the WLR3 Service which affect the FTTC Ethernet Service.
- 7.7. In the event of a fault on the primary Ethernet service, the Broadband backup services will automatically become effective. Use of the secondary backup service is not permitted other than in the event of a primary link failure. In the event of a failure of both the primary and secondary links, Wanstor will initially resolve the fault on the primary Ethernet link in accordance with Wanstor’s SLA’s as set out in the Service Literature.
- 7.8. In the event of that the Customer fails to connect both the primary and secondary services to either the Wanstor managed router or the Customer’s own router, the SLA will not come in to effect until such failure has been remedied.
- 8. Service Constraints
- 8.1. The Customer acknowledges and accepts that there may be certain technical limitations to the Ethernet Service as set out in clauses 8.2 to 8.4 below.
- 8.2. There may be technical or geographical limitations which do not enable the Ethernet Service to be installed. Provision of the Service is conditional on a site survey when such limitations will normally become apparent. In the event that a site survey reveals that the required Ethernet Service cannot be installed Wanstor will cancel the order without charge to the Customer.
- 8.3. If during the commissioning of the Ethernet Service it is found that, despite the reasonable endeavours of Wanstor and/or its sub-contractor, the agreed bandwidth performance cannot be achieved, Wanstor will cancel the order without charge to the Customer.
- 8.4. Certain technical limitations may not become apparent until after the Ethernet Service has been installed and has been working for some time. In such cases where no alternative solution can be found, Wanstor shall be entitled to withdraw the Ethernet Service and may decide to issue a credit or credits to the Customer for any Charges which have already been invoiced to the Customer in relation to the Ethernet Service (save for any charges for abortive visits). For the avoidance of doubt it should be noted that the available IP throughput of a circuit will be lower than the standard port speeds advertised owing to management and encapsulation overheads. Successful conclusion of the commissioning tests performed by Wanstor or its nominated subcontractor shall be prima facie evidence that such management and encapsulation overheads are within normal parameters for the type of circuit concerned and no cancellation will be permitted under the provisions of paragraph 8.3 or 8.4 unless expressly agreed by Wanstor.
- 8.5. In the circumstances referred to in clauses 8.2 to 8.4 above, and notwithstanding anything to the contrary in this Order or in the Company’s Contract for Wanstor Services Agreement, Wanstor shall have no liability to the Customer for any failure to provide the Ethernet Service, the performance of the Ethernet Service, its effect on any other services or equipment or the withdrawal of the Ethernet Service, save as set out above.
- 8.6. The Company may decide not to accept Orders for the FTTC Ethernet Service if the predicted line speed is less than 2Mbps in the downstream direction. Any orders with a predicted line speed below this that is cancelled and any Charges invoiced to the Customer will be credited.
- 8.7. Actual available FTTC Ethernet line speed may or may not be confirmed during the provisioning process. If the maximum upstream line speed is lower than originally ordered, Wanstor will process the order to allow the confirmed highest available downstream speed. For example, if a 20Mbps service is ordered but the maximum available upstream line speed is 18Mbps, the order will be processed as a 20Mbps service however the actual usable line speeds will be 20Mbps in the downstream direction and 18Mbps in the upstream direction.
- 8.8. The FTTC Ethernet service offers guaranteed symmetrical bandwidth of up to 20Mbps. Wanstor will use all reasonable endeavours to provide a downstream bandwidth of greater speed where such is ordered but no fault report or cancellation will be accepted by the Customer for any failure to achieve a downstream bandwidth greater than this speed.
- 8.9. The Customer acknowledges that bandwidth speeds may vary over time on an FTTC Ethernet circuit, especially immediately after first installation due to a number of technical considerations including, but not limited to, the distance between the Customer site and the connection cabinet.
- 8.10. It is the Customer’s responsibility to communicate any variation in bandwidth speeds such as the restrictions contained in clauses 8.8 and 8.9 above.
- 9. Equipment
- 9.1. Equipment provided by Wanstor or by its sub-contractors for the delivery of the Ethernet Service ("the Equipment") remains the property of Wanstor or its sub-contractors, as the case may be, and the Customer shall not acquire any property in it. Wanstor will provide the network terminating equipment and may provide the Customer premises router where such has been ordered from Wanstor by the Customer. In cases where the Customer supplies such router Wanstor does not guarantee that any such router will be compatible with and/or suitable for use with the Ethernet Service provided by Wanstor. Wanstor shall be entitled to charge (at its then current standard rates) for any configuration or other work performed by itself or any of its sub-contractors which is required to bring any router supplied by the Customer into a state where it is compatible with the Ethernet Service.
- 9.2. The Customer shall provide a suitable place, conditions, connection points and electricity supply for the Equipment according to Wanstor’s reasonable instructions and carry out any site preparation work reasonably required by Wanstor.
- 9.3. The Customer shall obtain all necessary third party consents required in relation to building alterations or additions, access to land or other permission required to install the Equipment or, where this is carried out by Wanstor or its sub-contractor, shall render all reasonable assistance required by Wanstor.
- 9.4. The Customer is responsible for the Equipment and shall be liable to Wanstor for any loss or damage to it save where such loss or damage is caused by fair wear and tear, is caused by Wanstor, its sub-contractor or anyone authorised to act on their behalf. The Customer shall take all reasonable steps to prevent any damage to the Equipment and to prevent anyone (except anyone acting on Wanstor’s or Wanstor’s sub contractor’s behalf) from adding to it, modifying it or interfering with it in any way.
- 9.5. The Customer shall include provisions equivalent to clauses 9.1 to 9.4 above in its contracts for the Ethernet Service with its End users.
- 10. Connection
- 10.1. Any equipment connected to the Ethernet Service must be technically compatible with the Ethernet Service and connected and used in compliance with any applicable instructions, standards or laws. Any such equipment should not cause any damage to the underlying service provider’s network that Wanstor has chosen, the Ethernet Service, the Equipment, any other customer’s network or the network of any underlying service provider.
- 10.2. The Customer agrees to only connect equipment to the Ethernet Service by using the CPE provided by Wanstor.
- 10.3. If the Customer becomes aware that any equipment connected to the Ethernet Service does not comply with the relevant instructions, standards or laws they should immediately disconnect the equipment or ensure its immediate compliance. Failure to disconnect non-compliant equipment will result in Wanstor disconnecting it at the Customer’s expense.
- 10.4. Wanstor will not be liable for any failure to meet any service levels or any failure of the Ethernet Service or any other obligations if such failure has been found to be caused by the connection of any equipment other than in compliance with this clause 10.
- 11. Access
- 11.1. Wanstor and/or its sub-contractor will conduct any required site visits during normal working hours, that is to say between 09:00 and 17:00 Mondays to Fridays (excluding UK public and bank holidays). In the event that the Customer requests a site visit outside such hours this will be the subject of an additional Charge. Such charge will not apply to visits to repair faults.
- 11.2. The Customer will provide access to the site to Wanstor and/or its sub-contractor for the purposes of site surveys, installation or otherwise as required for the provision of the Ethernet Service. The Customer shall provide a suitable and safe working environment for Wanstor’s employees and authorised sub-contractors at the site. The Customer shall indemnify Wanstor and its sub-contractors for death or personal injury claims or actions threatened or brought against them resulting from the Customer’s breach of this clause 11.2, save where such claim or action results from Wanstor’s negligence or that of its employees, sub-contractors or agents acting in the course of their employment or agency.
- 11.3. Wanstor agrees to observe and ensure that its employees observe the Customer’s reasonable security and safety requirements insofar as these are communicated to Wanstor or its employees.
- 11.4. It is the responsibility of the Customer to make good or re-decorate any areas of the site affected by the installation of the Ethernet Service save where any damage is caused by Wanstor’s negligence in which case the limitation of liability provisions of the Contract for Wanstor Services Agreement shall apply.
- 12. Use of Service
- 12.1. If Wanstor notifies the Customer (or the Customer becomes aware) that the Ethernet Service is being used in breach of the Use of Services provisions contained in the Contract for Wanstor Services Agreement the Customer will immediately inform/be informed that the Ethernet Service will be disconnected if the breach continues. If the Customer continues to use the Ethernet Service in breach the Company will immediately disconnect the Ethernet Service.
- 12.2. If the Customer uses the Ethernet Service in breach of the Use of Services provisions of the Contract for Wanstor Services Agreement Wanstor may suspend the Ethernet Service, insofar as is reasonable in the circumstances, without prejudice to Wanstor’s rights of termination under this Order.
- 12.3. For our Fair and Acceptable Usage Policy, please see the separate Fair and Acceptable Usage Policy document. Your use of our service is governed by this additional policy and you must abide by and agree to the terms set out in it.
- 13. General
- 13.1. The Customer shall not use Wanstor’s or Wanstor’s sub contractors’ name or any registered or unregistered trademarks or service marks of Wanstor or its sub-contractors without the prior written consent of Wanstor.
- 13.2. If the Customer is entitled to one or more service credits under the provisions of Appendix 1 the Customer acknowledges that Wanstor’s liability in relation to the subject of such service credits is limited to the amount of such credit.
- 1. Appendix 1
- SERVICE LEVEL AGREEMENT
- Wanstor will use reasonable endeavours to comply with the service levels set out in this Appendix, but these levels are target service levels only and Wanstor has no liability for any failure to meet them except as set out in this Appendix.
- 1.1. Service Demarcation
- For all services, with the exception of wires-only internet access, the service demarcation point is the LAN-side port/ports of the Wanstor customer premises router. For wires-only, the service demarcation point is the customer port of the Network Terminating Equipment ("NTE").
- 1.2. Service Levels
- 1.2.1. Availability
- The Ethernet Service can be used to deliver internet access or IP telephony services. Different network architectures are used to deliver each of these services, however it should be understood that Wanstor does not state availability data for IP telephony services.
- When used for internet access each Ethernet circuit will be available for 99.9% of any given calendar month;
- When used for IP telephony services an Ethernet circuit availability of any given calendar month is not stated.
- The following shall not be included when calculating the above service level(s):
- Outages or delays which are deemed by Wanstor to be the result of matters outside its direct control.
- Outages or delays which are a result of a WLR3 fault that affects the availability of any FTTC Ethernet / Broadband service
- Planned or notified maintenance whether in response to an emergency or otherwise.
- 1.2.2. Performance
- The performance measures below are for the end-to-end service, from the underlying service provider’s core network (source) that Wanstor has chosen to the service demarcation point (destination):
- Latency (Source to Destination) : <15ms
- Packet Loss : <0.2%
- Jitter (Source to Destination) : <5ms
- These performance measures are only applicable to VoIP traffic destined for either Wanstor’s SIP Trunking or Wanstor’s Business Hosted VoIP Service and to any other traffic where overall traffic levels on a customer circuit do not exceed the purchased Committed Data Rate (CDR). Where traffic exceeds the CDR, or in the case of VoIP traffic, exceeds the bandwidth purchased to service the VoIP traffic, this traffic will be shaped which may result in increased latency, jitter or packet loss.
- 1.2.3. Provisioning
- Wanstor will use reasonable endeavours to:
- 1. Notify the Customer within 4 working days after the receipt of a CRF and Order as to the acceptance or rejection of the CRF and Order;
- 2. Notify the Customer within 21 working days after the acceptance of a CRF and Order of the results of the site survey, whether or not service can be delivered and advise of any Excess Construction Charges;
- 3. Notify the Customer within 21 working days after the acceptance of a CRF and Order of the amount of Excess Construction Charges payable (if any), the Contractual Delivery Date (within 24 working days) and the preferred installation date for the circuit;
- 4. To make services live:
- a. For FTTC Ethernet, within 24 working days after the acceptance of a CRF and Order;
- b. For copper Ethernet, within 36 working days after the acceptance of a CRF and Order; and
- c. For fibre Ethernet, within 72 working days after the acceptance of a CRF and Order; and
- 5. Terminate a service on the date requested by the Customer provided that the Customer has given Wanstor no less than 90 days written notice.
- 1.3. Service Level Guarantee
- 1.3.1. Provisioning
- Wanstor will activate the service by midnight on the Contract Delivery Date.
- If Wanstor does not activate the service by midnight on the Installation Date, then Wanstor will credit the Customer with a compensation entitlement in accordance with the following:
- Activation that is beyond the Installation Date by 1-10 working days will result in compensation entitlement involving reduction in the connection charge for the circuit of 2%
- Activation that is beyond the Installation Date by 11-15 working days will result in compensation entitlement involving reduction in the connection charge for the circuit of 5%
- Activation that is beyond the Installation Date by 1-10 working days will result in compensation entitlement involving reduction in the connection charge for the circuit of 2%
- Activation that is beyond the Installation Date by 16-20 working days will result in compensation entitlement involving reduction in the connection charge for the circuit of 10%
- Activation that is beyond the Installation Date by More than 20 working days will result in compensation entitlement involving reduction in the connection charge for the circuit of 15%
- Connection charges for any other Wanstor product associated with the service are be excluded from the calculation of the compensation entitlement.
- 1.3.2. Fault Handling
- Wanstor will make available the fault handling service Monday to Friday, 09:00 till 18:00 excluding Public and Bank Holidays.
- All faults will be validated when reported and subsequently classified as below:
- 1. Priority / Category 1 (Critical): Total loss of service (hard down or no transmission of signal in one or both directions)
- 2. Priority / Category 2 (Major): Service is available, but either reduced functionality or degradation is creating significant business impact for the Customer
- 3. Priority / Category 3 (Minor): Service is available, but either reduced functionality or degradation is being experienced by the Customer without any significant business impact
- For Priority 1 faults: Wanstor will resolve the fault within 8 Clock Hours (as defined below) from a validated fault, or, for Copper Ethernet and FTTC Ethernet, 10 Clock Hours from a validated fault.
- Clock Hours are defined as the time between the Start Time and Stop Time, excluding Parked Time, where:
- 1. Start Time means the time a fault has been validated and categorised as a Priority 1 fault
- 2. Stop Time means the time a fault has been resolved
- 3. Parked Time means the time during which the resolution of a fault is outside of Wanstor’s control
- For Priority 2 faults: Wanstor will resolve the fault within 24 hours from a validated fault
- For Priority 3 faults: Wanstor will resolve the fault within 48 hours to a 72 hour range from a validated fault
- For Priority 1 faults only: If Wanstor does not resolve a fault on a circuit within the relevant timeframe set out above, then Wanstor will credit the Company with a compensation entitlement in accordance with the following:
- Each hour or part hour beyond the target fault clearance time will result in compensation entitlement involving a reduction in the monthly circuit rental of 5% of the monthly rental
- Credits will be applied on a per fault basis and will be capped at 100% of the monthly circuit rental. Monthly rental charges for any other Wanstor product associated with the service are excluded from the calculation of the compensation entitlement.
- 1.4. Exclusions from Service Levels and the Service Level Guarantee
- A service level, service level guarantee and any compensation entitlement will not apply if:
- The failure by Wanstor is due to the Customer’s own network or equipment or any other network (including but not limited to the internet) or equipment outside the underlying service provider’s network that Wanstor has chosen;
- The Customer is in breach of any part of these terms and conditions or the Company’s Contract for Wanstor Services Agreement and such breach affects Wanstor’s ability to comply with the service level and / or service level guarantee or if Wanstor’s underlying service provider suspends the service or any part of it as a result of any such breach;
- Through no fault of its own or because of circumstances beyond its reasonable control, Wanstor is unable to carry out any necessary work at, or gain access to the Customer’s site or the Customer fails to agree an appointment date or planned work is aborted (save at Wanstor’s request);
- Reasonable assistance is required or information is reasonably requested by Wanstor from the Customer or a third party and such assistance or information is not provided or is not provided in a timely fashion;
- Through no fault of its own, Wanstor is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level or service level guarantee;
- The failure is due to Force Majeure or some other event outside Wanstor’s reasonable control;
- The failure is due to a planned or emergency service interruption;
- The failure is due to an inaccurate Order having been submitted;
- A fault is not reported in accordance with the correct fault reporting procedures; or
- The Customer has failed to implement any reasonable and explicit instructions issued by Wanstor in relation to the service.
- The fault handling resolution times for FTTC Ethernet do not include any time taken to first resolve any WLR3 faults affecting the availability or performance of the FTTC Ethernet service. The fault target resolution time will commence from the time that it is established that the WLR3 line is in working order and is not affecting the FTTC Ethernet service.
- 1.5. Wires Only Service
- Services provided to the Customer without a Wanstor-supplied and managed customer premises router are known as ‘wires-only’ services. These services are not provided as managed services and therefore have a reduced Service Level Agreement, as set out below:
- For a wires-only service, the service demarcation point is the customer port of the Network Terminating Equipment ("NTE");
- The service levels set out in paragraphs 1.2.1 and 1.2.2 above apply to the Wanstor core network only;
- In the event of a fault it is incumbent on the Customer to demonstrate that the fault lies with the Wanstor Ethernet Service and not externally. If both parties agree this to be the case the fault is deemed to be validated and Wanstor will resolve the fault within the timescales set out in paragraph 1.3.2 above. The compensation entitlement set out in that paragraph will apply to any failure by Wanstor to resolve the fault within such timescales.
Telecommunications Services Terms & Conditions
Version 1.8, March 2016
- "Broadband": High speed internet access
- CPS": Carrier Pre-selection
- "Equipment Supplied": Any Router, PoE switch, server, rack, or handset we may supply as part of the service
- "Force Majeure": Any cause beyond a party's reasonable control
- "IDA": Indirect access (manual dial via PIN)
- "Initial Period": The relevant initial period as described in Condition 2.2
1. SERVICE AGREEMENT TERMS & CONDITIONS
- "Mobile": Mobile network access
- "NGN": Non-geographic numbers (e.g. 0870, 0845 and Freephone numbers)
- "Provisioning": The process of providing telecommunication services ordered
- "Provisioning Date": The date on which the Provisioning process is completed
- "Services Order Form": Request for Services Order Form
- "SIP": Internet Telephony Line
- "VISP": Internet access related services (e.g. hosting)
- "WLR": British Telecommunications plc Wholesale Line Rental
Wanstor Limited ("Wanstor") agrees to supply the telecommunications service or services indicated on the Services Order Form ("the Service"), and the authorised legal person named in section 1 of the Services Order Form ("the Customer") agrees to use the Service in accordance with these terms and conditions. The completed Services Order Form and these terms and conditions constitute the entire agreement between Wanstor ("this Agreement") and the Customer.
2. COMMENCEMENT & DURATION
- 2.1. Wanstor shall use its best endeavours to process the Customer's completed Services Order Form within 24 hours of it being signed by the Customer or its receipt by Wanstor (whichever shall be the later). This Agreement shall not commence until the Services Order Form has been processed. The Customer may at its option cancel this Agreement within 24 hours of completing and signing the Services Order Form at no cost to the Customer, provided that it has not used the account. In the event that the Customer has used the account within this period it shall not be entitled to cancel this Agreement, save in accordance with Condition 12 (Cancellation).
- 2.2. The Initial Period will commence from the date the customer is able to make telephone calls via the service or 30 days have elapsed from the date the Services Order Form was signed by the Customer, whichever is the sooner.
- 2.3. This Agreement for any service shall remain in force until the expiry of the Initial Period relevant to the Service(s) specified as the "Contract Term" in the Services Order Form and shall continue thereafter unless or until it is terminated by either the Customer or Wanstor pursuant to Condition 11 (Termination) or it is cancelled by the Customer pursuant to Condition 12 (Cancellation).
- 3.1. Unless agreed in advance in writing with the Customer to the contrary, the prices which Wanstor shall charge to the Customer for the Service shall be as set out in the Wanstor published price list as is current from time to time, which Wanstor may vary by giving the Customer not less than 30 (thirty) days notice. All quoted prices are exclusive of Value Added Tax which shall be added at the current rate.
- 3.2. Wanstor shall calculate charges by reference to data recorded or logged by Wanstor and not by data recorded or logged by the Customer.
- 3.3. Wanstor shall invoice the Customer on a monthly basis for all charges under this Agreement plus Value Added Tax at the required rate. All Wanstor invoices are payable in full by the Customer within 14 days of the date shown on them without any set off or deduction.
- 3.4. All Wanstor's charges pursuant to this agreement must be paid either by variable direct debit from a current account maintained by the Customer at a UK branch of a bank or building society. Payment by cheque or by being charged under a standing arrangement to the Customer's credit/charge/debit cards as accepted by Wanstor are subject to prior formal agreement between Wanstor and the Customer and in such case a £10 per month surcharge on all billable services shall apply.
- 3.5. If any credit/charge/debit card, direct debit or account payment collection by the Company is unsuccessful, the Customer will pay an administration charge of £25 and a late payment charge at a rate of 2% per month on any unpaid overdue balance.
- 3.6. In the event of any dispute as to charges Wanstor's records shall, in the absence of any evidence as to fraud, be conclusive evidence of the charges which are to be paid by the Customer hereunder.
4. CUSTOMER RESPONSIBILITIES
- 4.1. The Customer undertakes to use the Service in accordance with these terms and conditions, such conditions as may be notified in writing to the Customer by Wanstor from time to time and at all times in accordance with the relevant provisions of the Telecommunications Act 1984, the Communications Act 2003 and any rule or regulation made under them, any other applicable laws and regulations, directions given by the Secretary of State, the Director General, Ofcom or any other competent person or authority and any licence which governs the operation or use by the Customer of a telecommunications system ("the Rules").
- 4.2. The Customer will ensure that the Service is not used:
- a) as a means of communication for a purpose other than that for which the Service is provided;
- b) for the transmission of any material which is intended to be a hoax call to emergency services or is of a defamatory, offensive, abusive, obscene or menacing character; or c) in a manner which constitutes a violation or infringement of the rights of any other party.
- 4.3. The Customer is responsible for ensuring that any transfer, migration or porting from Wanstor to another service provider is effected by such service provider on the correct date.
- 4.4. The Customer hereby indemnifies Wanstor against all liabilities, claims, damages, losses and expenses arising from any breach of its obligations as prescribed in this Condition 4.
- 4.5. The Customer shall obtain all third party consents, licenses and rights reasonably required in order to allow Wanstor or its sub-contractors to provide the Service and be responsible for complying with any applicable law, statute, regulation or code of practice in relation to the Service.
5. CUSTOMER'S EQUIPMENT
- 5.1. The Customer undertakes that any Customer telecommunications apparatus shall be in good working order and conforms at all times to the relevant standard or approval under the Rules and the Customer shall at all times comply with the conditions of such standard and approval. Wanstor will not be under any obligation to connect or keep connected any such equipment which they reasonably believe does not conform to the provisions of any applicable requirements. The Customer is responsible at all times for the safety and safe custody of such equipment and for the safe use of it and the Service.
- 5.2. To enable Wanstor to fulfil its obligations under this Agreement the Customer shall permit or procure the permission for Wanstor and its authorised representatives to have access to the Customer's premises and shall provide Wanstor with such reasonable access as the Wanstor shall request. Wanstor will normally require access only during Wanstor's normal working hours but may, on reasonable notice, require access at other times in order to ensure the provision of the Service. At the Customer's request, Wanstor may agree to work outside its normal working hours provided that the Customer reimburses Wanstor its reasonable charges for complying with such request.
- 5.3. The Customer duly authorises Wanstor, its dealers, agents or personnel to reprogram and/or remove existing access equipment as may be necessary in order to provide the Service. It is the Customer's obligation to follow Wanstor’ s recommendation or its authorised representative's specifications regarding any construction work at the Premises necessary for the installation of the equipment or reprogramming of the Customer's telephone system for the Customer's use of the Service. The Customer shall provide such reasonable assistance as Wanstor shall request.
- 5.4. Wanstor reserves the right to charge the Customer for all costs incurred as a result of carrying out maintenance or repair work, which in Wanstor's reasonable opinion, is considered necessary. If Customer equipment is programmed for IDA to route calls over any network which is not supplied by Wanstor, Wanstor reserves the right to increase its line rental by 20 per cent of the relevant current tariff.
- 5.5. The Customer MUST ensure all equipment connected to or used in in conjunction with the Service remains secure, and is fully responsible for any use of the Service how so ever that use may occur, including but not limited to fraudulent use by third parties.
6. EQUIPMENT SUPPLIED
- 6.1. All Equipment Supplied by Wanstor not purchased outright by the Customer or included in the service fee, which has been provided to the Customer for use on the Customer’s premises on a rental basis as indicated on the Services Order Form, or provided free of charge shall at all times remain the property of Wanstor.
- 6.2. Subject to written agreement with Wanstor, the Customer shall have the right to transfer the ownership of the equipment to the Customer upon termination of the Rental period.
- 6.3. Telephone handsets supplied inclusive of a monthly service fee shall become the property of the Customer and any warranty associated with the handset remains the responsibility of the original manufacturer only. In the event of a faulty handset, if the visit of an engineer is requested, this will be a chargeable service and the charge will be communicated at the time of request and the visit will take place during normal working hours unless specifically agreed. Wanstor accept NO liability in respect of any defect or breakdown of a handset or any losses, direct or indirect as a result of such defect or breakdown.
- 6.4. Wanstor do not give any warranty condition or undertaking as to the state of any Equipment Supplied other than the work to configure the Equipment Supplied to provide the Services unless specifically itemised on the Services Order Form.
7. FEES AND PAYMENT
- 7.1. All prices indicated on the Services Order Form are indicative only and are not binding until confirmed by Wanstor. Confirmation will be provided after relevant site surveys are complete. Additional charges and/or excess construction charges maybe applicable resulting from site survey. Quoted prices are valid for 30 days only.
- 7.2. At the end of the minimum term specified on the Services Order Form, Wanstor reserve the right to vary services charges to reflect our current standard rates. Wanstor will provide the customer 14 day’s notice of a revision to service charges.
- 7.3. Wanstor may require the Customer to pay a deposit and/or require the Customer to procure a parent or associated company guarantees payment of any fees under this agreement.
8. SUSPENSION OF SERVICE
- 8.1. By giving reasonable notice to you, or if this is not possible such notice as is reasonable in the circumstances, we may suspend the Service, or any part of the Service for reasons including but not limited to:
- a). operational reasons in accordance with normal service levels
- b). obligation to comply with regulatory change
- c). obligation to comply with order, instruction or request of a court, government, agency, emergency service or other authority requiring the suspension of the Service
- d). Wanstor’s reasonable belief that your use of the Service has the potential to damage or disrupt the proper function of Wanstor’s infrastructure/equipment used to provide service to other customers.
- e). Customer in breach of its obligations under this agreement
- f). An undisputed invoice (or undisputed part of an invoice) is not paid in full within agreed terms, provided that Wanstor has provided 5 working day’s notice of such non-payment.
- 8.2. Any such suspension will exclude Wanstor from complying with any agreed SLA during the period of suspension
- 8.3. Wanstor reserves the right to charge a reasonable Service restoration fee resulting from a Service suspension arising under Condition 8. Such fee to be notified to and agreed with the customer prior to restoring Service.
- 9.1. Wanstor shall accept liability for physical damage caused to the property of the Customer caused by any negligent act or omission of Wanstor, its employees or agents. Wanstor's liability for physical damage shall be limited to £10,000 for any one incident or £25,000 for any series of incidents arising from a common cause in any twelve month period.
- 9.2. Subject to condition 9.5, Wanstor shall in no circumstances, in relation to any matter or series of matters (and whether taken individually or collectively) arising under or in connection with this Agreement during the period which it shall be in force, be liable to the Customer for more than £50,000.
- 9.3. Subject to Condition 9.5, Wanstor shall not accept any other liability to the Customer, whether in contract, tort or otherwise, including any liability for negligence, for any loss of revenue, business, anticipated savings or profit, loss of goodwill, loss of or corruption to data or for any other economic loss or for any indirect or consequential loss whatsoever and howsoever arising and even if the Customer has notified Wanstor that any of the above may occur.
- 9.4. In the event of any failure in the Service, Wanstor shall not be liable to the Customer for any charges incurred by the Customer should the Customer divert its traffic to another carrier. Wanstor shall not be liable to the Customer where any interruption in or failure of the Service occurs due to a line or network failure or is otherwise due to the actions or omissions of the line or network provider or any of their employees, agents or sub-contractors.
- 9.5. Nothing in this Condition 9 or elsewhere in this Agreement shall act so as to exclude or restrict any liability which Wanstor may have to the Customer for any death or personal injury resulting from the negligence of Wanstor, its employees or agents or arising from any fraud.
- 9.6. The provisions of this Condition 9 shall continue to apply even after this Agreement has ended.
- 10.1. The Service is provided with no warranty whatsoever save as set out in this Condition 10. All other warranties, conditions and guarantees are excluded to the fullest extent permitted by law, unless expressly provided for elsewhere in this Agreement.
- 10.2. In the unlikely event of any fault with the Service, Wanstor will endeavour to fix the fault as soon as reasonably possible.
- 10.3. Wanstor agrees to supply the Service to the Customer using the reasonable skill and care of a competent telecommunications service provider.
- 10.4. The Provisions of this Condition 10 shall continue to apply even after this Agreement has ended. Wanstor reserves the right to vary the Service for technical, operational and other valid reasons.
- 10.5. Wanstor shall use all reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the Service standards for the time being set out in Wanstor's Service literature.
- 11.1. Without prejudice to their rights under this Agreement, Wanstor and the Customer shall have the right to terminate this Agreement immediately on notice to the other party in the event that:
- a). the other party is in breach of this Agreement and if the breach can be remedied, fails to remedy it within a reasonable time specified by the non defaulting party in its written notice to do so; or
- b). an interim order is applied for or made, a voluntary arrangement approved, a petition for a bankruptcy order is presented, or a bankruptcy order is made, against the other party; or a receiver or trustee in bankruptcy is appointed over the other party's estate; or a voluntary arrangement is proposed or approved in relation to the other party; or a receiver or administrative receiver is appointed over the other party's assets or undertaking or an order is made for the appointment of an administrator to manage the affairs, business or property of the other party; or a winding-up resolution or petition is passed or presented (otherwise than for the purpose of reconstruction or amalgamation) to the other party; or a notice of intention to make any such appointment shall be served on the other party or any circumstances shall arise which entitle the court, a creditor or any other person to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or to make a winding-up order, in relation to the other party.
- 11.2. Without prejudice to its other rights, Wanstor shall have the right forthwith to terminate this Agreement by notice in writing to the Customer in the event that:
- a). Wanstor's licence expires or is revoked; or
- b). a licence under which the Customer has the right to run its telecommunications system and connect it to Wanstor's system is revoked, amended or otherwise ceases to be valid and is not immediately replaced by another valid licence.
- 11.3. Either party shall be entitled to terminate this Agreement immediately on notice to the other in the event that a Force Majeure Event shall have continued for a period of three months or more.
- 11.4. If the Customer terminates this Agreement under Condition 11.1 or Wanstor terminates this Agreement under Condition 11.1 or 11.2, Wanstor shall be entitled to recover from the Customer all costs, losses and expenses reasonably incurred by Wanstor arising from or in connection with the termination, including the cost of any handsets provided as part of a "Handset Included" service specified on the Services Order Form.
- 11.5. Upon termination of this Agreement for any reason, the Customer shall within one calendar month deliver all property and possessions belonging to Wanstor under the terms of this agreement to Wanstor at its operating address.
- 11.6. If the Customer fails to fulfil its obligations under clauses 11.4 and 11.5, then Wanstor may enter the Customer’s premises and take possession of any items which should have been returned under it.
- 11.7. The provisions of this Condition 11 shall continue to apply even after this Agreement has ended.
- 12.1. In addition to the Customer's right to cancel set out in Condition 2.1, the Customer may cancel this Agreement at any time by giving not less than 90 (Ninety) days' notice in writing served by registered post to Wanstor provided that:
- a). if such cancellation is effected during the Initial Period, in addition to the Customer being liable to pay Wanstor for all charges incurred by the Customer up to the effective date of cancellation (including all interest), the Customer must pay the cancellation charges set out below on or before the effective date of cancellation and it shall not be effective until the last day of the month in which the notice period shall have expired.
- b). The Customer agrees to pay the cancellation charges as set out below:
- (i). £100.00; and
- (ii). an amount equivalent to the rental charges which the Customer would have been liable to pay for the remaining balance of the Initial Period, plus VAT at the required rate; and (iii) an amount equal to the average call charges invoiced to the Customer each month over the lifetime of this Agreement, plus VAT at the required rate.
- (iii). £100 for each handset supplied as part of a Handset Included service specified on the Service Order Form if cancelled within 12 months of the Customer’s first use of the Service, or £50 if cancelled after 12 months but before the completion of 24 months of the Customer’s first use of the Service. £0.00 per handset is due thereafter
- 12.2. The provisions of this Condition 12 shall continue to apply even after this Agreement has ended.
13. WANSTOR'S RIGHTS WHERE NO NOTICE IS GIVEN BY CUSTOMER
- 13.1. In the event that at any time the Customer transfers to another telecommunications services provider or otherwise, for whatever reason, ceases to use the account ("the Event") without first notifying Wanstor in accordance with the provisions of Condition 11 (Termination) or the provisions of Condition 12 (Cancellation), the Customer will be in breach of the terms of this Agreement and Wanstor shall be entitled (at its discretion) to terminate this Agreement in accordance with the provisions of Condition 11.1 & 12.
- 13.2. Until such time as Wanstor shall exercise its right of termination provided for in Condition 13.1, the Customer shall remain liable to Wanstor for all charges properly incurred hereunder. The Customer shall be liable to and shall pay Wanstor for all costs, losses and expenses reasonably incurred by Wanstor arising from or in connection with the Event or the termination of this Agreement made by Wanstor following the occurrence of the Event. If the Event occurs during the Initial Period, Wanstor shall also be entitled to charge the Customer, and the Customer shall pay Wanstor on demand, the relevant amount detailed as a cancellation charge in Condition 12.1.
- 13.3. Wanstor shall in its discretion, having regard to the circumstances and the information available, determine when the Event shall have occurred.
- 13.4. The provisions of this Condition 13 shall continue to apply even after the Agreement has ended.
14. PROVISION OF INFORMATION
- 14.1. The Customer must provide Wanstor with all information and co-operation which Wanstor may reasonably require enabling it to carry out its obligations.
Acceptable Use Policy
This acceptable use policy outlines the principles that govern use of the systems, services and equipment provided by Wanstor in connection with your connectivity services.
- Wanstor (‘us’, ‘we’, ‘our’) is a provider of various Internet services, registered in England, and Wales and Scotland (Company Number 4524830, VAT number GB 799 3856 44). Our registered office and principal place of business is at 124-126 Borough High Street, London, SE1 1LB.
- The following definitions used in these Terms & Conditions shall have the meanings given to them below:
- ‘Charges’ means any charges which the Customer is liable to pay under this Contract, for example installation costs, line rentals, circuit rentals, management fees, etc.
- ‘Credit Limit’ means the credit limit agreed between Wanstor and the Customer in this Contract. Unless otherwise agreed, the credit limit shall be the equivalent of one month’s billing of network services. Plus 30 days credit of any other goods or services provided by Wanstor, including Equipment or maintenance services.
- ‘Customer’ means the person or body corporate contracting Wanstor to supply the Service(s) under this Contract.
- ‘CDR’ means committed data rate, the dedicated level of symmetrical Internet bandwidth measured in megabits per second (Mb/s or Mbps).
- ‘Equipment’ means any Equipment or products supplied by Wanstor to the Customer as part of the Service such as Customer Access Radios, Wi-Fi Access Points, Routers, Modems and associated cables, fibre and filter(s).
- ‘IP address’ mean the unique Internet Protocol address assigned to your connection.
- ‘Minimum Notice’ means the notice required to terminate the relevant Service.
- ‘Minimum Period’ means the minimum period for the supply of the relevant service.
- ‘Prices’ means the prices for the relevant Service as amended by Wanstor from time to time.
- ‘RIPE NCC’ means Réseaux IP Européens Network Coordination Centre, the body responsible for administering IP addresses with Europe, the Middle East and parts of central Asia.
- ‘Service’ or ‘Services’ means the supply, connection and provision of the Wanstor Internet connection. The Internet connection method may include access by Radio, fibre optic and copper.
- ‘Property’ means the Customer’s Property at which any Equipment shall be installed (and programmed) if necessary and/or the Service provided.
- 2.1. The following list details all the uses of Wanstor’s services that we consider unacceptable - in other words, unfair and unacceptable usage. Wanstor maintains and promotes a policy of fair and acceptable usage at all times, so please ensure that any use of Wanstor’s services, by yourself or anyone who connects to the service does not contradict the restricitions specified below in any way.
- You will also find your responsibilities in helping to keep our network secure listed at the end of this Fair and acceptable usage policy (the ‘Policy’).
- 2.2. Please ensure that anyone using your account to access Wanstor’s Internet services agrees with this Policy and is aware of their obligations under it. This extends to employees, office workers or guests or anyone accessing the Service through your connection either knowingly or otherwise.
3. The Services CANNOT be used for the following
- 3.1. Unlawful, fraudulent, criminal or otherwise illegal activities.
- 3.2. Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading, recording, reviewing, streaming or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person.
- 3.3. Sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters except that business customers are permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations 2003 if sent in batches of no more than fifty (50) emails at any time, each individual campaign being sent to no more than five hundred (500) recipients with no more than five (5) campaigns per month.
- 3.4. Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programmes) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications Equipment owned by Wanstor or any other Internet user or corporation.
- 3.5. Activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person.
- 3.6. Activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.
- 3.7. Anything that may disrupt or interfere with Wanstor’s network or services or cause a host or the network to crash.
- 3.8. Launching "denial of service" (DoS) attacks, "mail bombing" attacks or "flooding" attacks against a host or network.
- 3.9. Port scans
- 3.10. Circumventing the user authentication or security process of a host or network.
- 3.11. Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
- 3.12. Monitoring or recording the actions of any person using your connection without their knowledge or any person or thing outside of your premises including, without limitation, any public highway or roadway or another person’s business premises.
- 3.13. Collecting, streaming, distributing or accessing any material that you know, or reasonably should know, cannot be legally collected, streamed, distributed or accessed.
- 4.1. You are responsible for ensuring that any user ID and/or password selected by you remain confidential so that the network cannot be used by any unauthorised person.
- 4.2. The user ID and / or password referred to include, but are not limited to, those controlling access to (a) any computer hardware systems or networks; (b) any computer software or applications; or (c) any other services accessed by you in the use of either of the above.
- 4.3. You shall not disclose any user ID or password to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.
- 4.4. You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.
- 4.5. You must immediately advise us if you become aware of any violation or suspected violation of these Security provisions.
- 4.6. Usage by others using the service without your knowing you are responsible for all uses made of Wanstor’s responsible for any of your activities in using the network. It is not Wanstor's responsibility to filter or make provisions to restrict access to certain websites some may find offence. Internet services through your account (whether authorised or unauthorised) and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission.
- 5.1. Wanstor reserves the right to block any E-mails passing through our network that have the characteristics of SPAM email. We may contact you to inform you if you're emails have been classified as SPAM and any SPAMing activities made by you may result in a suspension or termination of service.
6. Data usage and excessive network use
- Wanstor is committed to providing our customers with a very high quality, low contention service. We do not restrict our core bandwidth at any time. This means that whatever bandwidth you can get on your particular circuit and exchange is the speed you will receive across our network and out to the internet. Unfortunately a small percentage of our customers use inappropriate amounts of data. In order to protect the rest, we will:
- i. Contact a high use customer, inform them of excessive usage and suggest ways to reduce that usage.
- ii. If usage remains high, we may have to look to service options to determine if another product may be better suited to the customer’s need.
- iii. For broadband customers using ADSL2+ and FTTC fair usage is set at 100GB per calendar month. A charge of £0.75 per 1GB will be applied to circuits that consistently breach this data amount.
- 6.1. Ethernet circuits usually are provided with no specific data transfer limit.
- 6.2. Ethernet circuits are usually provided with a set CDR and customers can use the Service as much or as little as they wish subject to complying with the terms and fair usage policy governing the Service provided they stay within the CDR of the provided Service.
- 7.1. Calls are enabled by default on all PSTN lines. The monthly rental price excludes the cost of any calls made using the line. Should the PSTN line be used to make calls, all call charges will be passed on to the customer.
Breach of Policy
- 8.1. If any customer’s use of these services constitutes a breach of this Policy, Wanstor may, at its option and discretion, either give the member notice to stop the unacceptable use(s) or terminate that member’s services (with or without notice as Wanstor considers appropriate).
- 8.2. To report any illegal or unacceptable use of Wanstor services, please send an email to email@example.com or call 0333 123 0360.