Terms Subscriber Terms & Conditions Un metered & ISDN Subscriber Terms & Conditions ADSL

By registering for the Internet service you agree to the following terms and conditions laid down for use of the Internet service.

In order to enable RH Solutions ("The ISP") to provide its service on such favourable terms, you are required to provide the proceeding as part of the sign up process. This data, and any subsequent data requested, may be used by The ISP solely for the purposes of management of your account and provision of Internet access to you. It may also be used by The ISP and other subsidiaries of The ISP from time to time for the purposes of promoting its own and third party services and goods to you by way of on-screen advertisements and offers. These advertisements will be based on the information that you have supplied to us and will relate to areas in which we think you will be interested. However, except as specified above, The ISP will not pass on your personal details to any third party without your consent.

A. A monthly subscription fee will be payable by Credit Card/Debit Card for the chosen service or services at the published rates.

B. The User will access the service using the provided number and must be used only from the number specified by the customer.

C. The level of the service will be determined according to the ISP.

D. Uploads to the User's webspace will be limited to the published levels.

E. The ISP will not permit FTP access to the User's web site from outside of its network. More direct SMTP connections from outside of the ISP's network will also be barred.

F. A telephone support line will be available during the stated hours for the provision of basic technical assistance. This service will be charged at published levels.

G. Unless otherwise stated, the service will automatically terminate the connection after a 10-minute inactivity period.

H. Unless otherwise stated, the service will automatically terminate after TWO hours of continuous use. You can redial to reconnect.

I. UNLESS OTHERWISE STATED, the services are for residential use only and may be operated only from a domestic residence. OPERATING NON- BUSINESS SERVICES FOR COMMERCIAL USE IS EXPRESSLY FORBIDDEN. BUSINESS SERVICES ARE CLEARLY HIGHLIGHTED AND ARE DESIGNED WITH BUSINESS USERS IN MIND.

J. Emails from all terminated accounts will be completely purged after 30 days. The email address will then become available to the wider subscribers database.

K. FAIR USE POLICY. The ISP operates a Fair Usage Policy, which restricts each service type to a maximum number of hours each month. The following restrictions will apply:

1) ALL 64K SERVICES WILL BE RESTRICTED TO 160 HOURS PER MONTH.
2) ALL ‘LITE’ SERVICES WILL BE RESTRICTED TO 80 HOURS PER MONTH.
3) ALL BUSINESS SERVICES WILL BE RESTRICTED TO 200 HOURS PER MONTH.

Please note these conditions:

a) USERS WILL NOT BE ABLE TO EXCEED THE MONTHLY LIMITATIONS.
b) HOURS MUST BE USED IN THE MONTH OF USE.
c) UNUSED HOURS CANNOT BE ROLLED OVER IN TO THE NEXT MONTH.
d) NEW HOURS ARE AVAIALBLE FROM THE DAY THE CREDIT / DEBIT CARD IS DEDUCTED.
e) NO REFUNDS WILL BE ISSUED AT ANY TIME.

1. USE OF SERVICE
2. SERVICE AVAILABILITY
3. PERIOD
4. WARRANTY
5. ACCESS
6. SOFTWARE LICENCE
7. CHARGING
8. LIMITATION OF LIABILITY
9. FORCE MAJEURE
10. NOTICES
11. ASSIGNMENT
12. NO WAIVER
13. VARIATION OF TERMS
14. LAW
15. ACCESS POLICY
16. ACCESS FOR CHILDREN
17. WEB SPACE
18. WEB SPACE CONDITIONS OF USE
19. DEFINITIONS

1. USE OF SERVICE

1.1 You may only use the Service for lawful purposes; in particular you may not use the Service

a. to transmit defamatory, offensive or abusive material or material of an obscene or menacing character; or
b. in breach of copyright or other intellectual property right; or
c. in contravention of the Computer Misuse Act 1990.

1.2 The Service is to be used by a single PC only. You may not sell on or sublet the Service. You agree to inform us of any change of address or telephone number supplied on registration.

1.3 You agree not to disclose your password to any other person. If it becomes known, you will inform the Helpdesk immediately. The Helpdesk may require you to change your password where it considers necessary.

1.4 You acknowledge that the ISP is unable to exercise control over the content of material transmitted or received using the Service.

1.5 You may not use the Service to transmit

a. any material (including viruses) which is likely to cause harm to the ISP’s or anyone else's computer systems.
b. IP Multicast or other applications which make similar demands for bandwidth.
c. excessive material using the UDP protocol.

1.6 You may not use more than 5 MB of capacity for E-mail, and we shall not hold E-mail on your behalf above this level.

1.7 You acknowledge that if for any reason you do not access your E-mail account for a period of 60 days or longer, the ISP reserves the right to terminate your E-mail account, delete all information stored on it and delete your web space without notice to you. In this event, the ISP will have no liability to you for the loss of any data.

1.8 You should not retain information of value to you which can only be accessed using the Service, or rely on the Service for transmitting information of value to you.

1.9 You agree to fully indemnify and to hold the ISP indemnified from and against any claim brought by a third party resulting from the use of the Service and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by the ISP in consequence of your breach or non-observance of these terms.

2. SERVICE AVAILABILITY

2.1 The ISP reserves the right at its discretion to refuse to

a. accept your registration or
b. provide access to the Service.

2.2 The ISP may restrict access to certain types of information brought to its attention which may cause offence to other users of the Service.

3. PERIOD

3.1 Either party may terminate the Service on one month's notice.

3.2 The ISP may terminate the Service immediately

a. if it has reason to believe that you are not using the Service in accordance with these terms; or
b. if a competent regulatory authority requires the ISP or any of its suppliers to do so.
c. in accordance with the provisions of clause 1.7 above.

4. WARRANTY

4.1 The ISP shall provide the Service using reasonable care and skill.

4.2 The ISP endeavours to provide a Service which is available at all times, but it cannot warrant the availability due to factors beyond its control.

4.3 The ISP gives no warranty as to the quality of or accuracy of information received using the Service.

5. ACCESS

5.1 In order to obtain access to the Internet, we shall provide you with the necessary configuration information, and an optional software configuration file for a PC subject to the Software licence set out below.

6. SOFTWARE LICENCE

6.1 The ISP and its suppliers individually own the elements of the Software and the
documentation provided with it, both of which are protected by copyright. Your right to use the Software and documentation is limited as set out below:

7. LICENCE

7.1 You may:

ONLY USE THE SOFTWARE AND DOCUMENTATION WITH THE INTERNET ACCESS SERVICE INITIALLY OFFERED BY THE ISP IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS OR INTERNET ACCESS SERVICE.

7.2 You may not:

a. distribute copies of the Software or its documentation to others;
b. modify, translate, reverse engineer, decompile or disassemble the Software (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software; or
c. rent, lease or transfer your rights to the Software;
d. ship or transmit (directly or indirectly) any copies of the Software, or any technical data in the Software, to any entity or country destination; or
e. alter or remove any copyright, trademark, and other protective notices contained in the Software.

8. TERMINATION

The Software licence will terminate automatically if you fail to comply with the license conditions above or the Service is terminated. Upon termination of the license you must destroy all copies of the Software and documentation.

8.1 The ISP will be entitled to terminate a Contract immediately:

a) if the ISP discovers that the User or any Co-User has been creating, downloading or uploading any of the material specified in Condition 1.1 or if the User has been in breach of any of these Conditions or any law, code or regulation applicable to the Internet or users; or
b) abuse of the system. Such abuse to be defined as but not limited to "pinging" of the system in order to keep the lines open during a period of inactivity.
c) upon providing the User with 24 hours notice by e-mail.
d) if the User fails to pay any charges under the Contract when due.

8.2 The User may terminate a Contract by discontinuing use of the Services.

8.3 In the event of termination by the ISP of a Contract the ISP may retain all payments made hereunder and may deny the User access via the Services to any material or data stored on the Internet. The User shall within 7 days of termination remove from the User's equipment the Software and the ISP's material.

9. CHARGING

9.1 You shall be liable to pay a monthly subscription fee for use of this service, as set out by the ISP

9.2 Unless otherwise stated, charges are exclusive of Value Added Tax and any other taxes applicable from time to time, which you shall pay.

10. LIMITATION OF LIABILITY

10.1 The ISP accepts no liability in contract, tort or otherwise including negligence for:

a. inability to gain access to the Service as a result of routine or emergency maintenance on the system or excessive demand for the Service;
b. loss of data including both data transmitted and other data held by you;
c. delay or failure in transmitting or receiving material;
d. indirect or consequential losses arising from use of the Service including loss of revenue, business, anticipated savings or profits.

11. FORCE MAJEURE

Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure and the actions of other internet service providers and users.

12. NOTICES

Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by E-mail, first class post or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered two days after its despatch. Any notice given by E-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.

13. ASSIGNMENT

13.1 You may not assign or delegate all or any of your rights and obligations without The ISP's prior written consent such consent not to be unreasonably withheld.

13.2 The ISP shall have the right to assign or transfer all or any of its rights and obligations to an associated company of the ISP or other person on notice.

14. NO WAIVER

Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion.

15. VARIATION OF TERMS

The ISP reserves the right to vary these terms from time to time on giving you notice. You shall be deemed to have accepted the changes if you continue to use the Service after a period of two weeks from the delivery of the notice.

16. LAW

The provision of the Service shall be governed by English law

17. ACCESS POLICY

We recognise the wishes of our Networks' to be able to access as wide a range of communications and information on the Internet as possible and do not wish to restrict that access. However, we will not knowingly permit the transmission of or access to material that is deemed illegal by the UK authorities.

In view of the vast flow of information transmitted by an Internet Service Provider each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system. We believe that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified by the authorities that it is illegal.

Co-ordination of these matters with the authorities in the UK is handled by the Internet Watch Foundation (IWF), a body supported by UK Internet Service Providers, the Department of Trade and Industry and Police Authorities. If particular information is deemed to be illegal by the authorities the IWF will advise Internet Service Providers such as ourselves accordingly, and we will take steps to prevent access to it.

If you feel that the contents of any site may breach the UK law, you should contact the Internet Watch Foundation hotline and draw their attention to it. Details can be found at http://www.internetwatch.org.uk/hotline.

We would remind you that our Terms and Conditions of supply for the ISP service prohibit you from using the service to transmit defamatory, offensive or abusive material or material of an obscene or menacing character. It may also be illegal for you to receive such information.

18. ACCESS FOR CHILDREN

You should note that there may be material accessible via the Internet which is unsuitable for children.

Where children may be users, we suggest: -

You do not allow unsupervised access and keep your password to yourself.
You consider downloading running on application which allows you to restrict access from your computer to certain areas of the Internet.

19. WEB SPACE

This section contains a few simple rules and regulations for using your free Web space that we've drawn up for your benefit as well as ours.

Please take a few minutes to read them through and make sure you understand them. They apply in addition to our standard Terms and Conditions for Internet service.

Your ISP Internet Web space lets you have your own Web site on the World Wide Web, entirely free of charge. You can enjoy your Web space with a unique personalised URL

(Uniform Resource Locator) in the form: http://www.prefix.rhbroadband.co.uk

where is a Web site name of your choice, (subject to availability). It is up to you to ensure that your choice of does not infringe or contravene any trademarks.

You can only reach your Web space by using the URL in the form www.rhbroadband.co.uk. You cannot reach it using an IP address.

You may use the Web space solely for personal purposes, subject to the terms and conditions of use outlined below. You can update or change your Web space as often as you like, and can take advantage of Technical Support for uploading, downloading or viewing pages.

The storage limit on your Web space is enforced by the system that accepts uploads to the World Wide Web. If a file upload exceeds your Web space quota, then it will not be accepted.

20. WEB SPACE CONDITIONS OF USE

You may use up to a maximum of 5 MB of Web space solely for personal purposes. An
average of 1000 hits a day and will be permitted for your personal Web space.

Only CGI programs and scripts provided by us can be used on your Web site.

Support is only provided for uploading, downloading and viewing pages. No support is provided for HTML authoring or page design.

You acknowledge that if for any reason you fail to access your E-mail account for a period of 30 days or longer, the ISP reserves the right to delete your Web space without notice to you. In this event, the ISP will have no liability to you for any loss of data.

The ISP will not keep back-ups of your pages

The ISP accepts no responsibility for any loss of data, information in any form or
any other matter relating to the use of this service. Similarly, we accept no responsibility for hit counts being reset or incorrect.

You are responsible for the content of your Web site and any material within it, including obtaining legal permission for any works quoted, and ensuring that the contents do not violate UK law.

You will be held responsible for any defamatory, confidential, secret or other proprietary material available via your Web site.

You must ensure that your index.htm or index.html (the first page to be viewed on your site) does not contain any material liable to offend. A clearly readable warning page must be displayed before any material of an adult nature is displayed.

The ISP will not be held responsible for any loss, however occasioned, as a result of the suspension, removal or unavailability of a Networks’ Web space or material stored within it.

If your account is suspended for any reason, then access to your Web space and the information stored within it may also be suspended.
When you close your account with the ISP, then your Web site will also be deleted.
The ISP reserves the right to remove any pages or information from your Web
site (at our sole discretion), without prior notice and without explanation.

The ISP reserves the right to suspend any or all of the Web space service at any
time, without prior notice and without explanation.

The ISP reserves the right to instruct that sites which show excessive usage
(exceeding 1000 hits per day) be modified or removed to an alternative hosting server.
The ISP reserves the right to make a charge for any assessment of suspended
sites.
The ISP reserves the right to vary the terms of 'excessive usage' at their sole discretion at any time, without prior notice.

You may not sell on or share use of the Web space or any material stored within it.

By registering for the Web space service, you will be deemed to have agreed to and accepted these conditions.

The ISP reserves the right to vary the Conditions of Use and acceptable use policy for the Web space service at their sole discretion at any time and without prior notice.

Any decision made by the ISP in relation to this service shall be final.

21. DEFINITIONS

"Log-in Name"
a unique sequence of characters chosen by Networks to act as an identifier to the system. It is used in conjunction with the Password to provide access to the Service and is used by the System as a unique address for all Networks communications;
"Password"
a secret code which is used in concert with the Log-in Name to identify the user to the System;
"Service"
a dial-up service providing two-way communication of data or speech via the Internet;
"System"
the set of equipment used by the ISP in order to provide the Service;
"Terms"
this set of the ISP’s standard terms and conditions for the Service as varied from time to time.

Click to view Acceptable Use Policy

Subscriber Terms & Conditions ADSL

Click to view Acceptable Use Policy

Terms and Conditions

The Customers' use of the Service (as defined below) and/or acceptance of these Terms and Conditions ("Conditions") constitute the Customers agreement to be bound by these Conditions. These Conditions must be read in conjunction with the RH Solutions which may be subject to change from time to time. It is the Customers' responsibility to ensure that they comply with the latest edition of the "Acceptable usage policy" (AUP) in force at any given time. These Conditions, together with RH Solutions AUP, explain RH Solutions responsibilities to the Customer and the Customer's responsibilities to RH Solutions and to other users of the Service ("Users"). The AUP in particular outlines what RH Solutions consider to be unacceptable use of the Internet by our customers so that RH Solutions can take appropriate steps against abusers of the Internet. The AUP and the Application Form are an integral part of these Conditions and, unless otherwise expressly stated, all references to Conditions include reference to the AUP and to the Application Form. If you are a Consumer, you must be 18 years or older to register for the Service. Terms and conditions for RH Solutions ADSL Services:

1.Definitions Please note some terms used in these Conditions will have a certain meaning: "Access Line" means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Premises as notified by the Customer to RH Solutions ; "Act" means the Telecommunications Act 1984; "Agreement" means these Conditions together with the applicable Application Form and AUP; "Application Form" means the form that the Customer signs to apply for the Service; "Carrier" means any supplier of telecommunications services to RH Solutions for the Service; "Commencement Date" means the date when the Customer first receives the live Service. "Confidential Information" means any information of a confidential nature obtained under or in connection with this Agreement including, but not limited to, any information regarding the existence of errors or viruses found in the Service and all other information which RH Solutions characterises as confidential at the time of its disclosure either in writing or orally. Confidential Information does not include information which the Customer can demonstrate: (a) is previously rightfully known to the Customer without restriction at the time of disclosure; (b) is or becomes, from no act or omission on the Customers part, generally known in the relevant industry or public domain; (c) is disclosed to the Customer by a third party as a matter of right and without restriction at the time of disclosure; or (d) is independently developed by the Customer without access to the Confidential Information. "Customer" means the person who orders the Service and person shall be taken to include bodies corporate or unincorporate. RH Solutions may accept instructions from another person who RH Solutions reasonably believe is acting with the Customer's authority or knowledge. "Customer Apparatus" means apparatus belonging to the Customer not forming part of the Equipment but which may be connected to the Equipment; "Equipment" means any apparatus or equipment provided by RH Solutions or any third party to the Customer at the Premises to enable provision of the Service; "Minimum Period of Service" (a) For customers ordering RH Solutions - The minimum period of service is thirty (30) days. If termination occurs within the first twelve (12) months from the commencement date, (30) days noticed will be required. (b) For customers ordering RH Solutions ADSL Managed services - The minimum period of service will be twelve (12) months from the commencement date. "Physical Characteristics" (a) For customers wishing RH Solutions to manage the connection only - Means an existing standard British Telecommunications analogue telephone line which does not have any incompatible services enabled upon it, as detailed in the Service description. (b) For customers wishing RH Solutions to manage the connection, installation and equipment: · For Home customers - An existing standard British Telecommunications analogue telephone line which does not have any incompatible services enabled upon it, as detailed in the Service description. · For Business customers - means one (1) wall mounted power socket within two (2) metres of the master phone socket and an existing standard British Telecommunications analogue telephone line which does not have any incompatible services enabled upon it, as detailed in the Service description; "RH Solutions" means RH Solutions Broadband Dept. 6 Coleridge Square, Bridgwater, Somerset TA6 3QA. "RH Solutions System" means the telecommunication system which RH Solutions runs and, for the purpose of this Agreement, any apparatus leased by, or otherwise obtained by, RH Solutions from a third party. "Premises" means the Customer's 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 as detailed in our website. "Standard Tests" means the tests carried out by RH Solutions or any third party to determine whether the Service is ready; "Term" is defined in clause 3.

2.Provision of The Service
2.1The Service is described on RH Solutions web site at www.Silvercominternet.com
2.2The provisions of the Application Form are binding on RH Solutions once RH Solutions confirm to the Customer in writing acceptance of the Customer's order. The Customer agrees to receive the Service and pay the fees for the Service as specified in this Agreement.
2.3RH Solutions will provide the Service to the Customer in accordance with the Conditions of this Agreement and with reasonable skill and care. It is technically impracticable to provide the Service or the telecommunications services free of faults and RH Solutions does not undertake to do so.
2.4RH Solutions will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of RH Solutions, or by errors or omissions of the Customer.
2.5RH Solutions 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 or the accuracy of information received through it.
2.6To use the Service, the Customer needs to supply RH Solutions with certain details on the Customer's Application Form. RH Solutions will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
2.7The Customer must have an Access Line with the Physical Characteristics in order to receive the Service. If the Customer changes from the Physical Characteristics RH Solutions cannot be held responsible if the Customer is no longer able to receive the Service.
2.8The Customer acknowledges that the Service will depend upon the characteristics of the Customer's Access Line and that where the Carrier so determines it may not be possible to supply the Service. In this event RH Solutions shall have the right to terminate this Agreement without liability to the Customer.
2.9From time to time certain PoPs, servers, or the whole or part of the Network may be closed down for routine repair or maintenance work. RH Solutions or its authorised representative shall give as much notice as in the circumstances is reasonable and RH Solutions shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
2.10RH Solutions may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. RH Solutions will give the Customer as much notice as possible of any planned interruption of the Customer's Service. In these circumstances The Customer shall have no claim against RH Solutions for any such interruption.
2.11RH Solutions will correct reported faults as soon as possible. Should the Customer encounter a fault with the Service the Customer should report the fault to the RH Solutions ADSL helpdesk. Technical Support contact information including availability times is available at RH Solutions.helpatree.org
2.12RH Solutions may include links from time to time from the Service to other Internet sites. RH Solutions have no control over the content of such sites and disclaims any liability in respect of the Customer 's use of such sites. The Customer may wish to use one of the available filtering software products to help prevent access to certain web content.
2.13The Customer acknowledges that the Service shall be provided by RH Solutions at the Premises and that under these Conditions the Customer cannot require RH Solutions to transfer the Service or Equipment to another location. In the event the Customer requests the Equipment to be moved to another location within the Premises, RH Solutions reserve the right to accept or reject such request and RH Solutions decision shall be final. Any expense incurred in such move of the Equipment within the Premises shall be incurred by the Customer.
2.14Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:
2.14.1redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;
2.14.2disclose Service features, errors or viruses to any third party without RH Solutions prior written consent;
2.14.3use the Service except in conjunction with RH Solutions recommended operating environment, notified by RH Solutions; or
2.14.4modify the Service without RH Solutions prior written consent.
2.15RH Solutions reserves the right to remove e-mail from RH Solutions servers that is left for a period of more than four months.
2.16RH Solutions reserves the right to change the Customer's password at any time at its sole discretion.

3.Term
3.1This Agreement will commence on the Commencement Date and shall continue for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period or the Agreement is terminated in accordance with the terms hereof ("the Term") subject to the provisions of paragraph 13.1
3.2The Minimum Period of Service does not prevent RH Solutions from suspending or terminating the Service under paragraphs 12 and 13 of this Agreement.

4.Fees
4.1RH Solutions shall provide the Customer with the Service for the fees as set out on the Application Form. These fees are payable in advance from the start of the Minimum Period of Service. Payment will be due on the date specified on the invoice. RH Solutions accept major credit cards, cheques or direct debit payments. Save where the Service is terminated by RH Solutions without cause, the Customer shall not be entitled to a refund of subscriptions paid.
4.2Subject to our discretion we will invoice you with credit terms of 30 days net, on an Annual basis only. RH Solutions may charge interest on all outstanding amounts on a daily basis at the rate of 3% per annum above the base lending rate of Barclays Bank plc in force from time to time, from the date of the invoice until the date of actual payment or judgement has been enforced. Additionally, RH Solutions reserves the right to terminate the provision of service to the Customer immediately if the Customer is in default of payment. Such termination is without prejudice to the rights of either party accrued prior to the date of termination.
4.3The installation fee as specified on the Application Form is payable in advance by either cheque or credit card
4.4All fees are subject to change from time to time in the event that the Carrier increases its fees to RH Solutions. RH Solutions will contact you in the event of any such increases.
4.5In addition to the fee set out on the Application Form, RH Solutions shall be entitled to charge the Customer for the reasons given. (a) Internal Relocation - If a customer wants to relocate the main phone socket from one room/floor to another within the same building (b) Abortive Visit Charge - Abortive visits include attendance to incorrect address provided by the customer, site does not meet requirements specified by BT or End User is not available. (c) Administration Charges - Where The Customer provide illegible, materially incomplete or incorrect order details. (d) Reworking Charge - If the Customer consents to a Carrier engineer making good any existing non-Carrier installed wiring to make it fit for installation of the Service. (e) Order Cancellation - If the customer requests the cancellation of the RH Solutions ADSL service five (5) or less days prior to the arranged installation date. For the latest pricing information on the above please contact the RH Solutions sales department .

5.Access
5.1The Customer hereby irrevocably gives permission to RH Solutions and its employees, agents or contractors to:
5.1.1execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment repair, alteration, moving, replacement, renewal or removal of the Equipment;
5.1.2keep and operate the Equipment installed on, under or over the Premises;
5.1.3enter the Premises to inspect any telecommunication apparatus kept on, under or over the Premises or elsewhere for the purposes of the RH Solutions System. The permission set out above shall continue in force after cancellation or termination of this Agreement until such time as RH Solutions have removed all Equipment from the Premises.
5.2The Customer must allow RH Solutions 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
6.1When RH Solutions manages the connection only: 6.1.1 RH Solutions will only arrange for the ADSL service to be provided on the customer's telephone line. It is the customer's responsibility to connect the necessary micro-filter and ADSL equipment.
6.2When RH Solutions manage the connection, installation and equipment:
6.2.1RH Solutions 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 RH Solutions. Any installation date given is an estimate only and RH Solutions shall not be liable for any failure to meet such installation date.
6.2.2RH Solutions shall supply the Customer with the relevant information to enable the Customer to suitably prepare the Premises for delivery and installation of the Equipment. The Customer shall at the Customer's expense provide suitable accommodation, facilities and environmental conditions for the Equipment and all necessary electrical and other installations and fittings.
6.2.3RH Solutions shall use its reasonable endeavours to comply with the Customer's reasonable requests in respect of installation but RH Solutions or its contractor or agents' decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the Equipment or part thereof shall be final and binding.
6.2.4A 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 RH Solutions. Unless otherwise agreed, this power supply is to be provided by the Customer. RH Solutions shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.
6.2.5The Customer acknowledge that during the installation of the Equipment for the provision of the Service the Customer's 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 RH Solutions.

7.RH Solutions Equipment This section applies to customers requiring RH Solutions to manage the connection, installation and equipment. Customers wishing RH Solutions to manage the connection only can ignore this section as they must procure, install and manage their own equipment.
7.1The Customer agrees 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.
7.2The Customer shall procure at the Customer's own expense all permissions, licences, registrations and approvals necessary for RH Solutions to deliver, install and maintain the Equipment for the provision of the Services.
7.3Following the installation of the Equipment Standard Tests shall be carried out by RH Solutions to ensure that the Service is ready for use. If the Service is not ready for use, RH Solutions shall either repair or replace, at its sole option, the Equipment or any part thereof and repeat the Standard Tests. The Customer shall be entitled to use the Services following RH Solutions informing the Customer of successful completion of the Standard Tests.
7.4The Equipment shall remain the property of RH Solutions or the supplier of such equipment (including any Carrier) and the Customer shall at all times make clear to third parties that the same is the property of RH Solutions or a third party supplier of such equipment. RH Solutions may modify, substitute, renew or add to the Equipment from time to time at its absolute discretion.
7.5The Customer shall be responsible for ensuring at all times the safekeeping and proper use of the Equipment after delivery and installation at the Premises. The Customer shall be liable to RH Solutions 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). The Customer will notify RH Solutions immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) the Customer undertakes:
7.5.1to keep the Equipment at the Premises and not to move it;
7.5.2to comply with all instructions as "RH Solutions" may notify to the Customer and/or with the manufacturer's instructions and not to use the Equipment except in accordance with such written instructions and in accordance with the law and any applicable licence granted there under;
7.5.3not to cause the Equipment to be repaired or otherwise maintained except by an authorised representative of RH Solutions;
7.5.4not to cause any attachments other than those approved for connection under the Act to be fitted to the Equipment except in accordance with such written authorisation as may be notified by RH Solutions to the Customer from time to time;
7.5.5not 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; and
7.5.6not to attempt to sell, transfer, dispose of, let, mortgage, charge, modify, extend, repair, service, tamper with, remove or interfere with the Equipment or suffer any distress, seizure or execution to be levied against or of the Equipment or otherwise do anything prejudicial to RH Solutions or the owner of such Equipment's rights in the Equipment; and
7.5.7not to remove, tamper with or obliterate any identification mark(s) affixed to the Equipment or to any part thereof showing that it is the property of RH Solutions or other third party supplier of such equipment.
7.5.8to permit RH Solutions and its employees, agents or contractors to inspect or test the Equipment at all reasonable times;
7.6The Customer shall be liable for any loss or damage howsoever caused (including but not limited to lightning or electrical damage) to any part of the Equipment or any of its own property within the Premises (except in so far as it can be shown that such loss or damage is attributable to the negligent act or omission of RH Solutions). The Customer will notify "RH Solutions" immediately of any such loss or damage.
7.6.1The Customer undertake to indemnify "RH Solutions" against any and all such loss or damage referred to in this clause 7.6.
7.6.2Wilful destruction or abuse of the Equipment may result in additional charges being payable by the Customer to RH Solutions.

8.Customer Apparatus
8.1The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.
8.2The Customer shall ensure that such Customer Apparatus complies with any applicable law. The Customer 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. RH Solutions reserves the right to disconnect any apparatus used by the Customer if the Customer does not fulfil their obligations under this Clause or if, in the opinion of RH Solutions, such apparatus may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunication service provided by means of RH Solutions , and the Customer agrees to disconnect such apparatus at the request of RH Solutions.

9.The Customers Use of The Service
9.1The Customer must NOT use the Service:
9.1.1in a way that does not comply with the Conditions or any legislation or that is in any way unlawful or fraudulent; or
9.1.2in connection with the carrying out of a fraud or criminal offence against any telecommunications operator; or
9.1.3to 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 RH Solutions System; or
9.1.4to send or procure the sending of unsolicited advertising or promotional material; or
9.1.5in a way that does not comply with any instructions given by RH Solutions for reasons of health, safety or the quality of the Carrier's telecommunications services or the RH Solutions System; or
9.1.6attempt to use the Service in a way that modifies, decompiles, translates, reverse engineers, reconfigures, disassembles or otherwise alter or attempt to modify or reconfigure the Service or any Equipment or software or copy any manual or documentation relating to the Service except to the extent applicable law specifically prohibits such restrictions;.
9.1.7distribute copies of the licensed programs or their documentation to others;
9.1.8rent, lease or grant its rights to the licensed programs;
9.1.9ship or transmit (directly or indirectly) any copies of the licensed programs or any technical data in the licensed programs or its media or any direct product thereof to any entity or country destination
9.2The Customer will co-operate with RH Solutions reasonable requests for information regarding the Customer's use of the Service and supply such information without delay.
9.3Where the Customer uses the Service to reach networks and services not operated by RH Solutions, the Customer will abide by the acceptable use policies or terms and conditions imposed by the operators of those networks and services.
9.4The Customer warrants that:
9.4.1it, as the registered user of the account, will keep the username and password secure and not let them become public knowledge and that the password will not be stored anywhere on a computer in plain text
9.4.2if the password becomes known to any other unauthorised user it will inform RH Solutions or its authorised representative immediately;
9.4.3any breach of these obligations shall entitle RH Solutions to immediately terminate the Service to the Customer without notice.
9.5Use by others: The Customer acknowledges that RH Solutions is unable to exercise control over the content of information passing over the RH Solutions network or via the Service, and RH Solutions hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.

10.Domain Names & Internet Protocol Addresses
10.1The Customer confirms and warrants that it is the owner of, or that the Customer has been and is duly authorised by the owner to use, any trade mark or name requested or allocated as its domain name.
10.2The Customer acknowledges that RH Solutions cannot guarantee that any domain name the Customer requests will be available or approved for use.
10.3RH Solutions has the right to require the Customer to select a replacement domain name and may suspend the relevant service associated with the domain name if, in the opinion of RH Solutions, there are reasonable grounds for RH Solutions to believe Customer's current choice of domain name is, or is likely to be, in breach of the provisions of this Agreement and law.
10.4If the Service includes the registration of an Internet domain name the Customer acknowledges and agrees that:
10.4.1RH Solutions does not represent, warrant or guarantee that any domain name applied for by the Customer or on its behalf will be registered in its requested name or is capable of being registered by it or that the use of such domain name by it will not infringe any third party rights. Accordingly, the Customer should take no action in respect of its requested domain name(s) until it has been notified that its requested domain name has been duly registered and RH Solutions will not be liable for any such action taken by the Customer.
10.4.2The registration of the domain name and its ongoing use by the Customer is subject to the relevant naming authority's terms and conditions of use and the Customer undertakes to RH Solutions that it will comply with such terms and conditions. The Customer hereby irrevocably waives any claims it may have against RH Solutions in respect of any decision of a naming authority to refuse to register a domain name and, without limitation, the Customer acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the domain name is non-refundable in any event.
10.4.3RH Solutions accepts no responsibility in respect of the use of a domain name by the Customer and any dispute between the Customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned and RH Solutions will take no part in any such dispute. RH Solutions reserves the right on becoming aware of such a dispute concerning a domain name at its sole discretion and without giving any reason, to either suspend or cancel the relevant service associated with the domain name and/or to make such representations to the relevant naming authority as it deems appropriate.
10.5Any Internet Protocol address allocated by RH Solutions to the Customer shall at all times remain the sole property of RH Solutions and the Customer will have a non-transferable licence to use such address for the duration of this Agreement. If this Agreement is terminated for whatever reason, the Customer's licence to use the Internet Protocol address shall automatically terminate and thereafter it will not use such address.

11.Software Agreement
11.1RH Solutions and its suppliers own the licensed programs and the documentation provided with this Agreement, both of which are protected by copyright laws. The Customer's right to use the licensed programs and documentation is limited to the terms and conditions described below:
11.2The Customer may:
11.2.1use the enclosed licensed programs on the number of users specified in the Service to which the Customer subscribes;
11.2.2physically transfer the licensed programs from one computer to another provided that the licensed programs are used on no more that the number of users specified and that the Customer removes any copies of the licensed programs from the computer from which the licensed programs are being transferred;
11.2.3make copies of the licensed programs solely for the purposes of backup. The copyright notice must be reproduced and included on a label on any backup copy.

12.Breach of Conditions
12.1RH Solutions shall investigate any suspected or alleged breach of these Conditions or any suspected compromise to it's network systems or security and in doing so RH Solutions will act reasonably and fairly at all times.
12.2RH Solutions reserve the right to take any action RH Solutions deem appropriate and proportionate to the breach of the Conditions.
12.3If RH Solutions decide that the Customer has breached the Conditions, RH Solutions will use reasonable endeavours to ensure that the Customer is 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. RH Solutions reserve the right to suspend or end the Customers Account at it's 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.
12.4The Customer must notify RH Solutions immediately in writing of any allegation of infringement of any intellectual property rights prompted by its use of the Service. The Customer may not make an admission relating to an alleged infringement. The Customer must allow RH Solutions, or at RH Solutions election, the Carrier to conduct all negotiations and proceedings and give RH Solutions or the Carrier all reasonable assistance in doing so. The Customer must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.

13.Term and Termination
13.1The Customer may end this Agreement after the Minimum Period of Service by giving RH Solutions not less than thirty (30) days written notice expiring no earlier than the end of the Minimum Period of Service. If a Customer wishes to end this Agreement before the end of the Minimum Period of Service, RH Solutions shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the Minimum Period of Service.
13.2In addition, if a Customer using RH Solutions ADSL wishes to end this Agreement before twelve (12) months have elapsed since the Commencement Date RH Solutions shall be entitled to charge a termination fee. For details of the current termination fee please contact the RH Solutions Sales department on 01278 444232
13.3The Customer may do so by writing to RH Solutions indicating the Customer's intention to cancel and either(a) send it to RH Solutions Broadband Dept. 6 Coleridge Square, Bridgwater, Somerset TA6 3QA.
13.4RH Solutions may end this Agreement immediately upon written notice to the Customer if:
13.4.1it becomes unlawful for (i) RH Solutions or the Carrier supporting the Service to continue to provide the Service; or (ii) RH Solutions or the Carrier supporting the Service is required to cease the Service by a competent regulatory authority; or
13.4.2the Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services to RH Solutions for the Service beyond the reasonable control of RH Solutions; or
13.4.3The Customer (or a third party acting on the Customer's behalf or instruction) fail to comply with any of the material Conditions or conditions of this Agreement including the Customer's obligation to pay and the Customer does not remedy such failure within fifteen (15) days of a request to do so.
13.4.4The Customer take (or cause or permit a third party to take) any action in breach of RH Solutions rights to the Confidential Information.
13.5The provisions of this Agreement regarding Confidential Information and limitation of liability shall survive the termination of the Agreement.
13.6Upon termination of this Agreement the Customer shall immediately stop using the Service and the Customer's right to use Service shall immediately terminate.

14.Disclaimer of Warranties
14.1THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RH Solutions DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. FURTHER, RH Solutions DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE SERVICE.

15.Limitation on Liability
15.1Nothing 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.
15.2RH Solutions 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:
15.2.1any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
15.2.2any loss of goodwill or reputation; or
15.2.3any 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.
15.3Subject to paragraphs 15.1 and 15.2 RH Solutions liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to £250.
15.4Each provision of this paragraph 15 excluding or limiting liability shall be construed separately, applying and surviving even it for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.
15.5The Customer is solely responsible for any liability arising out of any content provided by the Customer and/or any material to which other users can link to through such content. Any data included in the Equipment upon installation by RH Solutions is for testing use only and RH Solutions hereby disclaim any and all liability arising there from.

16.Indemnity
16.1The Customer agrees to indemnify and hold RH Solutions harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.

17.Data Protection/Personal Details
17.1RH Solutions may retain the Customer's personal data, and the Customer authorise RH Solutions to use their personal data, for the following purposes:
17.1.1provision of the Service to the Customer;
17.1.2keeping of a record for a reasonable period after termination of the Customer's Service;
17.1.3operation and enforcement of these Conditions;
17.1.4technical maintenance;
17.1.5providing the Customer with information about other services RH Solutions offer, subject to the Customer's right to opt out of receiving such information on the Application Form;
17.1.6transferring it to another company in the event of a sale of RH Solutions; and
17.1.7legal compliance including disclosing it to any third party who RH Solutions reasonably consider has a legitimate interest in any such investigation or its outcome.
17.2It is the Customer's responsibility to keep the personal data that the Customer provide to RH Solutions up to date. RH Solutions may send notices or other information to the Customer at the address the Customer give RH Solutions. The Customer should notify RH Solutions immediately of any change to the Customer's personal data by sending RH Solutions an email to broadband@rhsolutions.co.uk

18.Confidentiality
18.1The Customer must at all times, both during the term of the Agreement and for a period of two (2) years after its termination, keep in confidence all Confidential Information using at least the same standard of care the Customer uses with their own confidential information, but in any event no less than reasonable care. The Customer may not use or disclose any Confidential Information other than for purposes and activities specifically permitted by the Agreement. The Customer may only disclose Confidential Information to an employee or contractor under binding obligations of confidentiality substantially similar to those set forth in this Agreement on a "need to know" basis. If the Customer is legally compelled to disclose any Confidential Information, then, prior to such disclosure, the Customer must:
18.1.1immediately notify RH Solutions to allow RH Solutions an opportunity to contest the disclosure;
18.1.2assert the privileged and confidential nature of the Confidential Information; and
18.1.3co-operate fully with RH Solutions in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event that such protection is not obtained the Customer may disclose the Confidential Information only to the extent necessary to comply with applicable legal requirements.

19.Notices
19.1Any notice required or permitted under the Agreement must be in English and in writing. The Customer must send any such notice to RH Solutions at the following address: RH Solutions Broadband Dept. 6 Coleridge Square, Bridgwater, Somerset TA6 3QA.
19.2Any notice to be sent to the Customer will be sent to the address which the Customer provided on the Application Form or such other address as the Customer shall have given written notice of as the billing address.

20.Assignment
20.1RH Solutions reserve the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the Customer's further consent to such assignment or sub-contract.
20.2The Customer 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 express written consent of RH Solutions.

21.Matters Beyond The Parties' Reasonable Control
21.1If 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.

22.Proprietary Rights
22.1All title, interests, and rights (including intellectual property rights) in the Service remain in RH Solutions and/or its suppliers. The Customer acknowledge such title, interest and rights and the Customer shall not take any action to jeopardise, limit or interfere in any manner with RH Solutions (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using its trademarks or trade name.
22.2Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable laws. The right to use granted to the Customer under this Agreement gives the Customer no rights to such content. If the Customer wishes to use such content, the Customer must ensure that he has the appropriate consent or licence of the content owner.

23.Amendment of These Conditions
23.1RH Solutions reserve the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer by posting on the Legal section of the RH Solutions Website)Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website.

24.Miscellaneous
24.1The Agreement will constitute the entire agreement between the parties concerning the subject matter of these Conditions. It will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties relating to the subject matter of these Conditions, and all past courses of dealing or industry custom. The Agreement will prevail over any other conflicting written instrument or other notice the Customer may submit to RH Solutions.
24.2Any amendment to the Agreement must be in writing and signed by an authorised representative of each party.
24.3The Agreement shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the Courts of England.
24.4In 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 the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
24.5If any provision of the Agreement (whether in part or in whole) is held by a court of competent jurisdiction to be illegal, invalid or unenforceable the remaining provisions of the Agreement shall remain in full force and effect.
24.6Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement. A waiver of a provision or breach of a provision of the Agreement will only be effective if RH Solutions and signed by an authorised representative of the waiving party.
24.7The licence granted under the Agreement will not create a partnership, joint venture, agency relationship or franchise relationship.
24.8Notwithstanding any other provision in this Agreement, nothing in this Agreement will create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the Customer or RH Solutions.
24.9The headings to the sections of these Conditions are for convenience only and have no substantive meaning.
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