Home Net Limited

General Terms and Conditions

Home Net Limited is a company registered in Jersey under company number 67490 whose trading office is located at:

27 Beresford Street

St Helier

Jersey

JE2 4TD

In addition to these general terms, specific terms will also apply to the service or product you are ordering from us as well as any additional terms and details contained in Your order for Our Services.

  1. DEFINITION AND INTERPRETATION

1.1      In this agreement:

“Acceptable Use Policy” means a separate document showing the rules and etiquette governing our

customers in their use of the Internet and is contained in Appendix 1.

“Agreement” means the contract between you and us incorporating these Terms and Conditions, the Home Net Limited Service Specific Terms & Conditions, Our Order Form, Price List, Service Level Agreement, Fair Use Policy and Acceptable Use Policy.

Artificially Inflated Traffic – A flow or volume of traffic via any Service, which we believe:

  • is disproportionate to the flow or volume of traffic which we expect from good faith commercialpractice and usage of the service;
  • is disproportionate to your previous traffic profiles (in any given month) with us;
  • uses automated means to make calls (save where this is expressly approved by us in writing); or
  • may result in you exceeding the credit limit which We place on Your account held with us from timeto time.

 

“Bankruptcy/Insolvency Proceedings” shall mean the commencement or instigation of any of the following proceedings, events or actions:

  • any court makes a declaration of desastre, insolvency or bankruptcy or a receiving order oradministration order in respect of you or if some event having equivalent effect occurs;
  • a provisional vesting order is made against your real property in any part of Jersey;
  • proceedings are commenced, or a resolution is passed for your winding up (otherwise than or thepurposes of reconstruction or amalgamation);
  • a receiver is appointed by any of your creditors;
  • you make or purport to make any composition or arrangement with, or conveyance or assignment ofthe benefit of, your creditors, or do any act which may cause any of the foregoing to
  • any application is made by or against you under the Insolvency Act in the UK or the Insolvency Law inJersey; or
  • means bankruptcy proceedings, becoming insolvent, making any composition or arrangements with creditors or an assignment for their benefit, any execution, distress, diligence or seizure; or if You are a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having receiver or administrative receiver of any assets appointed.

 

“Consumer Code of Practice” means our published Consumer Code of Practice that can be found at Appendix 2.

Consumer Customer” means any of our customers who use or request a service for purposes which are outside his or her trade, business or profession.

“Contact Details” means the name and telephone number of a person who is your contact point.

(CPE) means customer premises equipment, or telecommunications apparatus (including any extension wiring and sockets) located at your premises and connected to a telecommunications network at a network terminating point.

“Fair Usage Policy” means our policy that applies to certain of our services that provide access to the internet. Our Fair Usage Policy can be found at Appendix 3. Our Fair Use Policy may change from time to time but any such changes will be made in accordance with paragraph 35 which deals with variation of terms.

“Fault” means any failure of the Service causing continuous total loss of the ability to convey messages, but does not include the loss of such ability arising as a result of our suspension of service under the provision of this Agreement.

General Terms and Conditions” means these general terms and conditions issued by Home Net Limited.

“Group” means the relevant company, any holding company of that company and any subsidiary of that company or its holding company.

“Interconnection” means the physical and logical linking of telecommunication networks used by the same or a different organisation in order to allow the users of one organisation to communicate with the users of the same or another organisation or to access services provided by another organisation; and services may be provided by the parties involved or other parties who have access to the network.

JCRA” means Jersey Competition and Regulatory Authority.

Network Terminating Point” means any physical point of connection forming part of a telecommunications network at which another telecommunications network or CPE may be connected.

“Normal Working Hours” means work carried out between 09-00 to 17-00 hours, Monday to Friday (but excluding Public/Bank Holidays in Jersey).

“Order Form” means Our order form or any Home Net contract, signed by you, detailing the service and other relevant information, including where relevant the charges to be paid by you, forming part of this agreement.

“Other Licensed Operator” means a person other than to Home Net Limited to whom an individual licence has been granted or who is authorised by a class licence to establish, operate or maintain a telecommunications network of a class or description specified in the licence, or to provide a telecommunications service f such a class or description, or both in accordance with the Telecommunications (Jersey) Law, 2002 or law in any other jurisdiction under which a telecommunications licence has been granted.

“Premises” means the premises in which Service is or is to be provided under this agreement.

“Price List” means our published list of prices, rates, charges, fees for all services as shown at Appendix 4

“Service” means a telecommunications service or any facilities provided by Us for You in connection with the service, as specified in Our Order Form and the service level agreement that forms part of this agreement.

“Service Delivery Date” means the date on which We make Service ready for use.

“Service Number” means the formats of codes and subscriber numbers for routing telecommunications services to a network termination point, telecommunications equipment or customer premises equipment in Jersey, which formats are allocated by Ofcom under the Communications Act 2003.

“Service Level Agreement” means any service level agreement that may form part of any applicable service specific terms and conditions, and as such forms part of this agreement.

“Service Specific Terms and Conditions” means any additional Home Net terms and conditions belonging to a specific Home Net service

“Home Net” means Home Net Limited.

 “Telecommunications Apparatus” means apparatus designed, constructed or adapted for use in emitting, transmitting, switching, conveying or receiving messages by means of a telecommunications network, including –

(a)           wire used for the purpose of telecommunications services together with any casing, coating, tube or pipe enclosing it and any telecommunications apparatus connected to it for the purpose of telecommunications; and

(b)       any apparatus used for transmitting messages or other communications by means of electric signals.

“Telecommunications Network” means a network comprising telecommunications equipment for the emission, transmission, switching, conveyance or reception of messages through the agency of electric, magnetic, electro-magnetic, electro-chemical, electro-mechanical or electro-optical energy or by optic- electronic means.

you” or “your” means the customer entering into this Agreement.

We“, “Us” or “Our” means Home Net Limited.

words in the singular include the plural and vice versa.

1.2       Other than for paragraph 29 of the General Terms (see below), the order of precedence to resolve any inconsistency between different parts of the Agreement shall be (i) the Order Form; (ii) Service Level Agreement (iii) Service Specific Terms and Conditions (iv) Acceptable Use Policy and Fair Use Policy (v) the General Terms and Conditions;

1.3       Headings shall not affect the interpretation of this Agreement.

1.4       Words in the singular shall include the plural and vice versa.

1.5       A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.6       Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used in this agreement, they are deemed to have the words ‘without limitation’ following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them

 

  1. PROVISION OF SERVICE

2.1       We shall provide the Service to meet the delivery date specified in Our Service Level Agreement or another date that We agree with You in an Order Form.

2.2       We shall provide You with the Service although We cannot guarantee that it will always be Fault free.

2.3       If You ask Us to provide any part of the Service outside Normal Working Hours then We will charge               You at Our applicable hourly rate as set out in Appendix 4

2.4       For operational reasons, We may change the technical specification of the service used by Us for provision of the Service to You, provided that any change to the technical specification does not materially adversely affect the performance of the Service.

 

  1. USE OF SERVICE

3.1       We may from time to time give You instructions about the use of the Service that We believe are in the interests of health, safety or quality of service to You or other customers.

3.2       You or any other person may only use the Service in accordance with the Telecommunications (Jersey) Law, 2002 (“Telecoms Law”) and any instructions that We may notify to You.

3.3       You shall not use the Service or permit any other person to use the Service:

3.3.1   for any communication that is grossly offensive or of an indecent, obscene or menacing character;

3.3.2   for the purpose of causing annoyance, inconvenience or needless anxiety to another by sending messages that are known to be false or of a persistent nature; or

3.3.3   in breach of instructions We have given You under paragraph 3.1;

3.3.4   in a manner that violates Home Nets Acceptable Use Policy (which may change from time to time)

3.3.5 in breach of any other policies referred to under this Agreement; or

3.3.6   in a manner that is or could entail the commission of an offence that is a breach of any relevant law or regulation.

3.4       In addition to the rights given under Clause 14, We may give You immediate notice and suspend the Service:

3.4.1   if it is used in a manner that materially harms the integrity, security or interoperability of the Telecommunications Network;

3.4.2   if it is used with equipment that is not approved for connection to the Telecommunications Network; or

3.4.3   under the direction of a competent authority,

3.4.4   if it is used in a manner, or in relation to, the commission of offences or alleged commission of offences against any relevant law or regulation;

3.4.5 on the instructions of a government body, law enforcement agency, regulator, emergency services, court or other competent authority;

3.4.6   if it is used in breach of clause 3.3 whether by You or any other party with or without Your knowledge.

3.5      We may vary the technical specification of the Service from time to time and occasionally may have to change the Service Number.

3.6       Our Fair Usage Policy applies to some services You may take from Us. If You use the Service in a way that violates Our Fair Use Policy We may restrict Your use of the Service by any means permitted under that policy. Such action may include, but is not limited to, restricting the amount of capacity made available to You for the use of the Service.

3.7      You are responsible for ensuring that anyone using Your Service complies with the terms of this Agreement. Any breach by such persons will be deemed as a breach by You of this Agreement.

 

  1. FAULT REPAIR (Where applicable)

4.1       If You detect a Fault in the Service, then You must report it to Us by telephoning the number specified on Our Order Form, www.Homenet.je or any other number that We may notify You of.  You must provide Us with details of the nature of the Fault, the Service Number and Contact Details so that We can inform You of progress.

4.2       If You report a Fault in the Service We will respond as detailed in Our Service Level Agreement, to correct the Fault by undertaking one or more of the following actions:

4.2.1   We will provide advice to You by telephone including any tests and checks that You should carry out;

4.2.2   Where appropriate, We will carry out diagnostic tests from Our premises, or

4.2.3   Attend a point in Our network or visit Your Premises if Our previous actions have not cleared the Fault and We consider that such a visit is necessary.

4.3       If We undertake work to correct a reported Fault in the Service and find there is none We may charge You for the work at the applicable hourly rate as set out in Our Price List.

4.4       If, at Your specific request, We agree to attend a reported Fault in a Service outside Our Normal Working Hours then You will be charged at the applicable hourly rate set out in Our Price List or as detailed in Our Service Level Agreement.

 

  1. RELOCATION AND RECONFIGURATION

If You ask Us to relocate or reconfigure the Service, then We may either:

5.1       agree to Your request and You may be liable to pay additional applicable charges set out at Appendix 4

5.2       refuse your request which shall be at our sole discretion and

5.3       require You to give notice to terminate the Service and apply for a new Service.

 

  1. TERM OF SERVICE (“TERM”)

6.1       The Service provided under this Agreement is for an initial term of 24 months from the Service Delivery Date or as otherwise specified on the Order Form (the “Initial Term”) and thereafter will automatically continue until either Party serves one month’s notice of termination in writing on the other or until the Service is terminated for any other reason provided in this Agreement.

6.2       A further Initial Term of service shall apply in respect of each new facility added or changes made to the Service at Your request.

 

  1. TELECOMMUNICATIONS EQUIPMENT

 

All obligations relating to Telecommunications Equipment are outlined in the Service Specific Terms

and Conditions applicable to that Service.

 

  1. INTERCONNECTION

8.1       If the Service requires Interconnection with Other Licensed Operators then We are only responsible and liable for the part of the Service under Our direct control.

8.2       We may suspend or terminate the Service immediately, without notice, if any other part of the Service not under Our direct control is terminated or suspended.

8.3       We may negotiate and enter into a contract for Service with Other Licensed Operators on Your behalf as part of the provision of a Service. We shall advise You of any specific or additional terms and conditions of the Other Licensed Operator and You shall be responsible for complying with them.

8.4       Where We are the party contracting for Service with the Other Licensed Operator, We will undertake to make payment for such Service directly to such Other Licensed Operators. We will recharge such payments to You either separately or within the Charges for the overall Service and may do so in advance at Our sole discretion.

 

  1. CHARGES

 

9.1       All charges for the Service, which may be amended from time to time subject to the terms of this Agreement, will either be published at www.Homenet.je; or available at our offices at Your request or communicated to you in an appropriate way as determined by Us. If we change any charge to your detriment, however if We change any terms to your detriment, except for those changes instructed by a regulator or competent authority, then in accordance with paragraph 15 you shall have the option to terminate the Agreement or Service without being liable to pay further charges

9.2       Rates published are available to You at www.Homenet.je exclude local taxes, where applicable, unless otherwise stated.

9.3       You are responsible for checking the details and accuracy of Your bill.

9.4      If you have chosen to receive your bills by electronically you must ensure We have Your correct email address and that Your email account is correctly configured to receive Our email notifications.

9.5       If You choose to request a paper version of your bill we reserve the right to charge You for this request.

9.6       If You choose to pay your bill by any payment method other than by Direct Debit, we reserve the right to charge You for processing those payment methods.

 

  1. PAYMENT

 

10.1    You shall pay to Us on demand all applicable charges for the relevant Service at rates specified on

10.1.1       published at www.Homenet.je; or

10.1.2       as shown on Your Order Form; or

10.1.3       available at our offices at Your request.

10.2    All amounts due under this Agreement shall be paid in full without any deduction or withholding other than as required by law. You shall not be entitled to assert any credit, set -off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.

10.3    We reserve the right to charge interest on any balances which remain unpaid from the due date until payment is made in full both before and after any judgment at the rate of four per cent (4%) above Bank of England base rate and/or a late payment fee at rates notified from time to time at www.Homenet.je

10.4    We will charge a fee if you choose to receive your bills by paper. Details of these charges can be found at www.Homenet.je

10.5    Where reconnection of Service is required, Home Net reserves the right to charge a reconnection fee.  Details of these charges can be found at www.Homenet.je

  1. DEPOSITS AND PAYMENTS IN ADVANCE

 

We may carry out credit checks and refuse to provide the Service to You if the result of the credit check is not satisfactory. We may from time to time require payment of a deposit. If a deposit is required, We shall notify You of the amount and You shall pay Us immediately. We may credit the deposit against any charges due to Us or upon discharge of Your liabilities to Us, refund it together with any interest that We may deem appropriate.

 

  1. DEFAULT ON PAYMENTS

If You do not pay any charges on their due date, we can (without losing or reducing any other rights or remedy) immediately:

12.1    suspend the Service (including partially) temporarily without notice, though You remain liable to pay rental during the period of suspension;

12.2    terminate this Agreement and the Service provided under it by immediate notice.

 

  1. CANCELLATION

Prior to the Service being provided, this Agreement may be cancelled by:

13.1    You, although We may make a charge for any abortive work undertaken and/or any money spent to meet Your requirements;

13.2    Us, if paragraph 30 of this Agreement applies.

 

  1. SUSPENSION

14.1    We may suspend Your Service immediately and without notice:

14.1.1       in an emergency; including in order to provide or safeguard service to a hospital or to the emergency, or other essential, services or for the safeguarding of life or limb;

14.1.2       during any technical failure of the Network,

14.1.3       when it is necessary to safeguard the security and integrity of the Network

14.1.4       to prevent or investigate an incidence of fraud or crime or alleged incidence thereof;

14.1.5       to prevent or investigate Artificially Inflated Traffic;

14.1.6       to prevent a breach of any law or regulation.

14.2    We may suspend the Service giving You as much written or oral notice as reasonably practical and possible and not less than 24 hours:

14.2.1      for the purpose of repair, maintenance or improvement of Our Telecommunication Network;

or

14.2.2      to permit the passage of vehicles with abnormal loads.

14.3    We may also suspend the Service if you breach any of the terms of the Agreement where a right of termination has arisen under paragraph 15, or in (without losing or reducing any other rights or remedy, including terminating Your Service at a later stage).

14.4    If the cause of suspension is remedied we shall restore the Service as soon as possible unless Our rights to terminate the Service have already been exercised.

14.5    You will remain liable to pay all Charges, including rental charges throughout the period in which your Service is suspended.

 

  1. TERMINATION

 

15.1    We may terminate this Agreement by giving You at least one months’ notice. If We give You notice, then You must pay rental and any other applicable charges up to the expiry of the notice period. We will credit or refund the appropriate proportion of any rental paid in advance for the period after Your liability for rental ceases.

15.2    We may terminate or suspend provision of the Service to You in circumstances described in these General Terms and Conditions and in particular clauses 12 and 14 or if you fail to prevent the Service being used in a way that is prohibited under this Agreement.

15.3    You may terminate this Agreement by giving written notice to Us of at least one month. If You terminate this Agreement during the Initial Term of service, you shall be liable for any outstanding charges at the rate in force at the time. Outstanding rental charges shall not be payable if the Service is replaced with another Service from Us that We deem to be comparable; or

15.4    Your notice of termination under 15.3 does not avoid any other liability for the Service already provided.

15.5    In addition to any other termination rights under this Agreement either Party may terminate this Agreement or any Services by written notice (to the other Party, such notice to take effect forthwith:

15.5.1       if either Party has committed a material breach of this Agreement which is incapable of remedy;

15.5.2      notwithstanding the separate termination right for non-payment of charges under paragraph 12, if either Party has committed a material breach which is capable of remedy but which it fails to remedy within 30 calendar days (or any longer period agreed by the Parties in writing) of having been notified of such breach;

15.5.3      if the other Party is unable to pay its debts or becomes the subject of Bankruptcy/ Insolvency Proceedings.

15.6    On termination under this Agreement or otherwise; as well as other sums payable up to the end of the Agreement, You may be required to pay Us the rental or other charges which would have been payable for the remainder of the Initial Term or Subsequent Initial Term of Service at the rate in force in Our Price List at termination but We will make due allowances for any rental You have paid in advance for a period ending after the end of the Initial Term of Service Or Subsequent Initial Term of Service, and make a repayment where appropriate.

15.7    As well as other sums that You may become liable to pay for, you continue to be liable to pay all charges that are due for the Service during the period in which You do not comply with this Agreement until the end of the Term.

15.8    We may terminate this agreement if You use the Service in a manner which breaches the Telecoms Law.

15.9    If You are a Consumer Customer, you may terminate the Service without any obligation to pay any further charges to us within 14 days of the date of Your Order Form, other than call charges incurred in that period, and provided that any equipment or gifts You receive or purchase from Us, including CPE, mobile phones, dongles, routers, on entering into the Agreement are returned to us in the same condition, including the original packaging and documentation.

  1. CALL MONITORING AND RECORDING

We may monitor and record calls made to You by Us or vice versa. We do this for the protection of both Parties, and to improve Our staff training, customer service and telemarketing purposes.

  1. ACCOMMODATION, POWER AND LIGHTNING PROTECTION

See Service Specific Terms and Conditions or terms in the Service Level Agreement applicable to that

Service.

  1. CPE

Home Net Limited may charge you for any CPE’s not returned or returned damaged to us, in accordance with our price list.  Specific obligations relating to CPE are outlined in the Service Specific Terms and Conditions applicable to that Service.

  1. INFORMATION AND PERMISSIONS

19.1    You must provide to Us when asked any information and /or co -operation that We may reasonably require in order for Us to provide the Service under this Agreement.

19.2    You shall promptly inform Us of any changes to any details originally provided to Us in relation to the Service and this Agreement.

19.3    In order to investigate abuse of the Telecommunications Network You must provide to Us, when asked, any information and records relating to the use of the Service or equipment.

20        CONFIDENTIALITY

20.1    The parties will keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under this Agreement and will not disclose that information to any person (other than their employees, professional advisers, or any entity in the Home Net Group) without the written consent of the other party.

20.2    This paragraph 20 will not apply to:

20.2.1      any information that has been published other than through a breach of this Agreement;

20.2.2      information lawfully in the possession of the recipient before the relevant disclosure;

20.2.3      information obtained from a third party who is free to disclose it; and

20.2.4      information that a party is requested to disclose and if it did not could be required by law to do so.

20.2.5      information requested by governmental body, regulator, law enforcement agency or any other competent authority

  1. TELEPHONE NUMBERS

 

We shall allocate a telephone number to you which you shall only use to access the Services. We may reallocate or change such telephone numbers as a result of changes in applicable law or instructions from the JCRA, Ofcom in the UK, or equivalent regulatory body, but will exercise all reasonable endeavours to minimise any disruption to You. We may withdraw telephone numbers that have been allocated to You as a result of Your failure to comply with this Agreement.

  1. ACCESS TO PREMISES

See Service Specific Terms and Conditions and terms in the Service Level Agreement applicable to that Service.

  1. COMPLAINTS AND ARBITRATION

All complaints and arbitration shall be dealt with in accordance with Our Consumer Code of Practice.

  1. ASSIGNMENT

24.1    We shall have the right to assign, subcontract or transfer all or any of Our rights and obligations under this Agreement to any person and shall notify You prior to exercising the right to assign, subcontract or transfer such rights or obligations.

24.2    You shall not have the right to assign, subcontract or transfer all or any of Your rights and obligations under this Agreement to any other person, party or entity without our prior written consent.

  1. INTELLECTUAL PROPERTY

25.1    Any intellectual property rights existing in any information, software and equipment supplied to You in connection with the Service shall remain Ours or the appropriate owners of such intellectual property rights. Such information shall not be copied, used or disclosed (other than for the purpose for which it was supplied) without Our prior written consent.

25.2    The intellectual property rights that exist in Services, software and equipment supplied to You by Us are owned by Us or Our licensors. By supplying You with Services, software and equipment, we are not transferring or assigning ownership of any intellectual property rights in or relating to them to You.

25.3    Where Home Net creates intellectual property rights during or as a result of the supply of the Services, or CPE to You, we shall own all of these intellectual property rights.

25.4    You must not do anything to jeopardise the intellectual property rights of Home Net or the licensors of Home Net under this paragraph 25.

25.5    The words or marks “Home Net”; “Y Tel” and “Home Net Limited” however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trademarks of Home Net or a member of its Group. ALL RIGHTS RESERVED.

25.6    Copyright of all information supplied to You in connection with the Service shall remain Ours or the copyright owners. Such information shall not be copied, used or disclosed (other than for the purpose for which it was supplied) without Our prior written consent.

 

  1. DURATION AND ENTIRE AGREEMENT

26.1    This Agreement shall come into force immediately and shall continue until the Service is terminated.

26.2    This Agreement sets out the entire terms and conditions under which We provide the Service to You.

26.3    Any clause that is expressly or implicitly intended to survive the termination of this Agreement shall survive termination of this Agreement.

 

  1. INDEMNITY

You must indemnify Us against all claims that anyone other than Yourself threatens or makes against Us because of the way in which the Service is used.

  1. LAW

This Agreement shall be governed by and constructed and interpreted in accordance with the Laws of the Island of Jersey, and each party hereby submits to the exclusive jurisdiction of the Jersey Courts.

  1. LIABILITY

29.1    We do not exclude or restrict liability for death or personal injury resulting from Our negligence.

29.2    We are not liable to You either in contract, tort, (including negligence) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatever.

29.3    Our liability to you in contract, tort (including negligence) or otherwise in relation to provision of the Service, or otherwise under this Agreement, is limited to the value of any amounts paid by You to Us under this Agreement in any 12 month rolling period, starting on the date on which We commence the provision of the Service in accordance with clause 2.1.

29.4    Each provision of this paragraph limiting or excluding liability operates separately. If any part is held unreasonable or inapplicable in any circumstances the other parts shall continue to apply.

29.5    We will accept liability for failure to meet any of Our obligations stated in any Service Level Agreement applicable to the Service but only to the extent stated in this paragraph 29 and subject to paragraph 30 of this Agreement. In any conflict between the terms and conditions of paragraph 29 and the applicable Service Specific Terms and Conditions or Service Level Agreement the terms and conditions of paragraph 29 shall prevail.

29.6    You are responsible for the security and use of any access code, password or PIN numbers used with the Service. You are advised not to use them with CPE or any other appropriate equipment that has a memory, such as telephones with last number dialled and display facilities. We will not be held liable for any loss that You may suffer as a result of Your failure to comply with this clause.

29.7    CPE DOES NOT provide immunity from fraudulent intrusion or hacking and You are responsible for ensuring that You have taken all measures to prevent such fraudulent use of Your CPE which may include hacking or any form of toll fraud, rogue dialling or other forms of fraud that causes Your CPE to make calls or incur charges that You are not aware of. We will not be held liable for any loss that You may incur as a result of any failure to comply with these terms and conditions or as a result of any fraudulent activity that is conducted against You through Your CPE. We do not monitor the usage of Your CPE on an individual basis and the monitoring of the charges incurred by You is Your responsibility. In the event that We incur charges as a result of any hacking or fraudulent activity, then We will seek to recover those charges from You in full and You will pay all such charges as may have been incurred.

  1. MATTERS BEYOND REASONABLE CONTROL

We are not liable for any breach of this Agreement which is caused by a matter beyond Our reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving their employees), extremely severe weather or acts of government or other competent authorities.

  1. LEGAL AND REGULATORY RESTRICTIONS ON YOUR SERVICE

If We are prevented by restrictions of a legal or regulatory nature from supplying the Service, we will have no liability to You for failure to supply the Service.

  1. NOTICE

32.1    Notices given under this Agreement must be in writing and delivered by hand or sent by facsimile or prepaid post as follows:

32.1.1      To Us at the address of Our office shown on Our Order Form or on Your last bill or any alternative address that We may notify You of;

32.1.2      To You at the physical or electronic address that You ask Us to send bills, the address of the Premises, or if You are a limited company to Your registered office.

  1. USE OF INFORMATION

33.1    You warrant that You have and do, and undertake that You will, comply with all applicable data protection legislation including, without limitation, the Data Protection (Jersey) Law 2005.

33.2    We warrant that We have and do, and undertake that We will, comply with all applicable data protection legislation including, without limitation, the Data Protection (Jersey) Law 2005.

33.3    We will use the information We have about You and Your use of the Service for marketing purposes.  We will not do so if You ask Us not to.

33.4    We will process Your billing data and information about Your use of the Service for marketing Our own telecommunications products and services. This enables Us to better inform You about products, services and options that We provide and believe may be of particular interest to You. We will not disclose this information to anyone other than members of the Home Net Group. We need Your consent to continue to give You all the benefits that this processing provides and You should indicate if you do not wish to provide us with such consent on the Order Form for the Service.

33.5    We may pass information We have about You to other companies within the Home Net Group in order to facilitate the provision of services to You.

  1. SEVERABILITY

If any provision of this contract is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected by that finding.

  1. VARIATION

35.1    Subject to Our licensing requirements We may change the terms or conditions of this Agreement at any time however if we change any terms to your detriment, except for those changes made under 35.2, then in accordance with paragraph 15 you shall have the option to terminate the Agreement or Service without being liable to pay further charges.

35.2    We may change the terms or conditions where instructed to by a regulator or competent authority.

35.3    We will publish all changes to our terms and conditions at www.Homenet.je

35.6    We will publish details of any change to this Agreement at www. Homenet.je

  1. WAIVER

If either party fails to exercise or enforce any right conferred by this Agreement, it shall not be deemed to be a waiver of those rights nor bar the exercise or enforcement of them on any later occasion. If We waive a particular breach of this Agreement by You, that waiver is limited to the particular breach.

 

 

Home Net Limited

Appendix 1

Acceptable Use Policy (AUP)

 

 

  1. General

 

Home Net and its affiliates (“Home Net”) provide to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting arrangements, ATM, Frame Relay, fixed and mobile voice and other data (e.g.: SMS), online, and internet-related telecommunications services (each, a “Service” and collectively the “Services”).

This Acceptable Use Policy (‘AUP’) defines the acceptable use of the Services with a view to ensuring quality of service and the privacy of our Customers and the integrity, security, reliability and privacy of the Home Net network, systems, products, Services, server hosting facilities and data contained therein (collectively, the “Home Net Network”). Home Net’s Customers (who for the purposes of this policy, are defined as any party who purchases a Service from Home Net) are required to comply with this AUP as a condition of receiving Services from Home Net.

Home Net’s Customers are solely responsible for the content and messages that they access, post, distribute or otherwise make available using the Home Net Network. Home Net encourages its Customers to self- rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) (http://www.icra.org).

  1. Prohibited Activities

It is contrary to Home Net policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.

Each of the practices listed below (each, a “Prohibited Activity”) constitutes an abuse of the Home Net Network by and interfere with other Customers. Such practices are prohibited

 

  1. Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a “List”);
  2. Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;
  3. Publishing mail bombs, chain letters or pyramid schemes;
  4. Sending unsolicited commercial messages or communications in any form (“SPAM”);
  1. Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to Home Net or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer’s or its End Users identity or contact information;
  2. Unauthorised access to or use of data, Services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measure without express authorisation of the owner of the system or network;
  3. Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
  4. Interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  5. Use of an Internet account or computer without the owner’s authorisation;
  6. collecting information by deceit, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, phishing, security hole scanning, and port scanning;
  7. Use of any false, misleading or deceptive TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
  8. Use of the Service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
  9. Any activity or conduct that is likely to result in retaliation against our network;
  10. Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations including data protection;
  11. Introducing intentionally or knowingly into the Service any virus or other contaminating program or fail to use an up to date virus-scanning program on all material downloaded from the Services;
  12. Misrepresenting yourself as other computer networks and users;
  13. Any activity or conduct that unreasonably interferes with our other customers’ use of our Services.
  14. Engaging in any other activity that:
  1. violates a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party’s copyrights, trademarks, patents, trade secrets or other intellectual property rights);
  2. threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of Viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware);
  • has the purpose of harming or attempting to harm minors in any way;
  1. attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
  2. otherwise degrades or interferes with other users’ use of a Service;
  3. breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorised system penetrations.
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  1. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  2. is defamatory or violates a person’s privacy;
  3. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement bodies;
  • improperly exposes trade secrets or other confidential or proprietary information of another person; is intended to assist others in defeating technical copyright protections;
  • infringes another person’s trade or service mark, patent, or other property right;
  • is discriminatory in any way, including by way of sex, race, or age discrimination;
  1. facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing;
  • involves theft, fraud, drug-trafficking, money laundering or terrorism;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; and
  • is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers. xix. Content “published or transmitted” via our network or equipment includes Web content, e-mail, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the Internet.
  1. Engaging in any of the activities listed above by using another provider’s service, but channelling the activity through a Home Net account, remailer, or otherwise through a Service.

ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS AUP BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED A VIOLATION OF THE AUP BY SUCH CUSTOMER OR CUSTOMER’S END USER.

  1. Rights and Remedies

If Home Net determines that a Customer, its representatives or its end users have breached or failed to comply with this AUP or engaged (or permitted others to engage) in a Prohibited Activity, Home Net may take such action as it deems appropriate. This may include all or any of the following:

  1. Suspending and/or terminating a Customer’s Service at any time;
  2. issuing of a warning to a Customer;
  3. commencing Legal proceedings against a Customer for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this AUP;
  4. denying all traffic from known IP address blocks that support indiscriminate port scanning programs such as Proxy Hunter, or other unlawful activity, for the purpose of preserving Customer’s system and network resources;
  5. undertaking further legal action against a Customer; and
  1. in the event of illegal activities – investigating and notifying appropriate legal authorities.

If we receive a Court Order requesting us to reveal a Customer’s identity to someone complaining that you have used the Services abusively, we will be entitled to do so. We will also be entitled to reveal your identity or other data we hold regarding your use of the Services to the police or other public authority if we are required to do so by law. Home Net will consider all cases and complaints according to their individual merits. Home Net has the right not to take action against you even where a complaint is made against you for breach of this AUP. Home Net reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, Home Net reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount equal to Home Net actual expenses incurred in preventing or responding to such activity.

For complaints of SPAM only: In addition to any applicable charges described above, Home Net reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified US$10.00 per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the Home Net Network (they increase Home Net costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers’ mission-critical internet applications).

Nothing in this AUP limits Home Net rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.

  1. Password Protection

Customers are responsible for protecting their password(s) and for any authorised or unauthorised use made of their password(s). Customers must not disclose your password or use or permit anyone to use Home Net’s Service to guess passwords or access other systems or networks without written authorisation. In the event a network or network device becomes compromised, Home Net will assist in the tracking and/or expulsion of said offender on the network level to the extent Home Net considers reasonable, at its sole and absolute discretion.

  1. Access to Internet Data Centres

For Customers accessing Internet Data Centres (IDCs), in addition to, and to the extent not in conflict with, the rules of the individual IDC, only those individuals identified in writing by Home Net or by Customer on the Customer Registration Form (“Authorised Personnel”) may access the IDCs. Customer shall deliver prior written notice to Home Net of any changes to the Customer Registration Form and the list of Authorised Personnel. Customer and its representatives shall not allow any unauthorised persons to have access to or enter any IDC. Customer and its representatives may only access that portion of an IDC made available by Home Net to Customer for the placement of Customer’s equipment and use of the IDC Services (the “Customer Area”), unless otherwise approved and accompanied by an authorised Home Net representative.

  1. Use of Internet Data Centre Facility

Conduct at Internet Data Centres. For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, Customer and its representatives agree to adhere to and abide by all security and safety measures established by Home Net and set forth in the Customer Guide provided by Home Net to Customer.

Customer and its representatives shall also not do or participate in any of the following:

  1. misuse or abuse any Home Net property or equipment or any third-party property or equipment;
  2. make any unauthorised use of or interfere with any property or equipment of any other Home Net Customer;
  3. harass any individual, including Home Net personnel and representatives of other Home Net Customers;
  4. engage in any activity that is in violation of the law or aids or assists any unlawful activity while on Home Net property or in connection with the IDC Services.

Prohibited Items. For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, Customer and its representatives shall keep each Customer Area clean, free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by Home Net, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to Home Net; (2) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any IDC. “Prohibited Materials” shall include, but not be limited to, the following and any similar items:

  1. food and drink;
  2. tobacco products;
  3. explosives and weapons;
  4. hazardous materials;
  5. alcohol, illegal drugs and other intoxicants;
  6. electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment;
  7. radioactive materials;
  8. photographic or recording equipment of any kind (other than tape back-up equipment).
  1. Equipment and Connections

Customer Equipment. For Customers accessing IDCs, in addition to, and to the extent not in conflict with, the rules of the individual IDC, each piece of equipment installed in a Customer Area (the “Customer Equipment”) must be clearly labelled with Customer’s name (or code name provided in writing to Home Net) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labelled with Customer’s name (or code name provided in writing to Home Net) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer’s specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide Home Net with at least 48 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment.

  1. Modification of This Policy

Home Net reserves the right to update this AUP from time to time. You are expected to check this website page from time to time to take notice of any changes we make, as such updates are legally binding on you. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our site or written documents issued to you.

  1. Scheduled Maintenance

For information on scheduled maintenance, please view the maintenance schedule posted on Home Net’s World Wide Web site.

USE OF HOME NET Email Services -ADDITIONAL POLICY TERMS

  1. Bulk Commercial E-Mail
  1. You may not use a Home Net E-Mail Service (such as @homenetmail or ytelmail ) to send bulk mail. Please see the applicable Product Terms and Conditions for those Services. You may use your dedicated hosted system to send bulk mail, subject to the restrictions in this Acceptable Use Policy.
  1. You must obtain our advance approval for any bulk commercial e-mail other than for market research purposes, for which you must be able to demonstrate the following to our reasonable satisfaction:
  1. Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  1. Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  1. You retain evidence of the recipient’s consent in a form that may be promptly produced within 72 hours of receipt of recipient’s or our requests to produce such evidence;
  1. The body of the e-mail must include information about where the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your email address please contact us at abuse@yourdomain.com”;
  1. You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line and such revocations of consent are implemented within 72 hours;
  1. You must post an abuse@yourdomain.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address
  1. You must have a Privacy Policy posted for each domain associated with the mailing;
  1. You have the means to track anonymous complaints;
  1. You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.
  1. These policies apply to messages sent using your E-mail Service or network, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your E-mail Service. You may not use third party e-mail services that do not have similar procedures for all its customers.
  1. We may test and monitor your compliance with these requirements, including requesting opt-in information from a random sample of your list at any time.
  1. Unsolicited E-Mail

You may not send any unsolicited e-mail, whether commercial or non-commercial in nature, to any person who has indicated that they do not wish to receive it.

  1. Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of the Home Net E-Mail Services, system or network or to breach our security or authentication measure, whether by passive or intrusive techniques without our prior written consent.

  1. Shared Systems

You may not use any shared system provided by Home Net in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of Home Nets mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your Cloud-hosted code if it unnecessarily conflicts with other Cloud customers’ use of the Cloud. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

  1. Other
  1. You must have valid and current information on file with your domain name registrar for any domain hosted on our network.
  2. You may only use IP addresses assigned to you by our staff.
  3. You may not take any action which directly or indirectly results in any of our IP space being listed on any abuse database.
  4. You agree that if you register a DNS record or zone on Home Net managed or operated DNSservers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, Home Net may modify, transfer, or delete such records or zones.
  1. Export Control

Home Net E-Mail Services may not be used by persons, organisations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which violates any applicable law or regulation including (but not limited to) export control laws and/or restrictive measure/sanctions. This should include involvement or suspected involvement in activities or causes and affiliation with others whatsoever who sponsor or support the above such activities or causes.

Home Net Limited

Appendix 2

Consumers code of practice

 

This Code of Practice aims to:

  • Provide information about the products and services we offer
  • Provide information on how to contact us
  • Explain the process of registering a complaint, how we will resolve it and what you should do if you are not satisfied with our response.
  • Outline our approach to Corporate Social Responsibility and protecting the Environment

Contents

About us.

Our Customer Service

How to contact us.

Customer complaints

Corporate Social Responsibility

Amendments to Customer Code of Practice

About Home Net

Who are we?

Home Net was formed in 1997 in response to the demand from Jersey residential for an alternative to the incumbent operators Jersey Telecom and latterly Sure. Home Net offers a broad range of services including

  1. Jerseys first home internet and phone service without the need for a Jersey Telecom land line;
  2. Traditional broadband Internet access;
  • a broadband cable television network to provide satellite and other programme services throughout the Island. The network currently provides customers with up to 55 television channels plus FM radio signals and text generated information channels;
  1. mobile phone service; and
  2. a range of Internet and hosting services to the residential and small business market in Jersey.

Our partnerships

We have strong relationships with some of the world’s leading companies British Telecom, Virgin, Sky TV, Airtel Vodafone to name but a few.

Our innovations

We Compete for you introducing new innovations such as Wi Max technologies to the market place and keeping our services as “price competitive” as possible.

Our Customer Service

We pride ourselves on our customer service. We are always willing to answer any questions you may have and help where we can to ensure you are receiving the best service possible service.  By “Competing for you” we ensure customers are at the forefront of everything we do.

Home Net is not just defined by the services or products it offers but also by the people that represent it. That is why we believe that the people we employ represent the best not only in knowledge but also hold the belief that for the business to be successful the customer must come first.

We commit to :-

  • Respond to customer enquiries in a professional, courteous and prompt manner, using only customer facing staff who are based in Jersey
  • Respect customer confidentiality
  • Ensure all our products/ services, charges, bills and marketing materials are clear and simple to understand

How to Contact Us

You can contact us via

  • telephone on: 01534 506400 or
  • our website: homenet.je or
  • email: mail@homenet.je

If you wish to write to us please address your letter for the attention of the Customer Services Manager and send it to 27 Beresford Street, St Helier, Jersey, JE2 4TD

If you’d like to talk to us face to face, you can visit at 27 Beresford Street, St Helier, Jersey, JE2 4TD

Handling of Customer Enquiries and Complaints

If you have an enquiry, complaint or request on any of our services, please do not hesitate to contact us.

Our Customer Services procedures are designed to ensure your complaint is investigated and resolved as quickly and efficiently as possible. Our complaints procedures are monitored by the local regulators, Channel Islands Competition Regulatory Authority (CICRA).

Your complaint will be investigated personally and a course of action will be established.  Additionally, if you are unhappy with the way that your complaint is being handled, you may write or ask to speak to the Customer Services Manager during normal office hours.

Please give us the opportunity to resolve the problem before taking the matter further.

Recording complaints

All records (written communication and telephone conversation transcripts etc.) will be confidential and will be kept according to the relevant data protection, privacy and confidentiality legislations that apply in the Jersey. Some information may be requested by the relevant regulator in order for us to meet the terms of our licences.

If either the local Trading Standards Services or the Channel Islands Competition Regulatory

Authority (CIRA) become involved in resolving a complaint between with yourself and Home Net, we may provide them with copies of records we hold about your complaint.

Responding to complaints

We will do everything we can to resolve complaints, disagreements or disputes as quickly and efficiently as possible. Our Customer Services Managers will investigate your complain

Resolving complaints

While we intend to do everything we can to resolve complaints, disagreements or disputes, sometimes a satisfactory conclusion cannot be reached. If a resolution has not been achieved we or you may refer the matter to the relevant to an independent organization that may be able to help us resolve the matter satisfactorily.

Initially, we suggest the unresolved complaints are referred to the local Trading Standards Service. Their contact

details are :-

Trading Standards Service

9-13 Central Market

St Helier

P.O.Box 459

Should the Local Trading Standards Service not be able to facilitate a satisfactory conclusion to the complaint, the complaint should then be referred to the Channel Island Competition Regulatory Authority (CICRA).  CICRA will provide a free, independent service to investigate your complaint, provided it falls within their terms of reference, though you must have gone through our own complaints procedure first and referred the complaint to the local Trading Standards Service before either Regulator can become involved.

You can find out more on their websites at www.cicra.je

or, you can write to them at:

Channel Islands Competition Regulatory Authority

2nd Floor Suites

Salisbury House

Union Street

St Helier

Jersey

JE2 3RF

Even if CICRA are involved, we or you may still seek resolution through the courts of the Bailiwick of Jersey.

Corporate Social Responsibility

At Home Net, we’re committed to using our resources to make a positive contribution through our Corporate Social Responsibility (CSR) programme. Through CSR, we focus on making a positive impact on the environment and in the community.

Corporate social responsibility (CSR) is not only about good deeds in the community or promoting staff welfare; it is mainly about demonstrating to the residents of Jersey  our commitment to reach out to customers, staff, shareholders and the local community.

As we innovate and expand our services, we want to show how we are implementing sound principles of responsible business practice by making these principles real in everyday operations.

Environmental commitments

Home Net is committed to reducing the environmental impacts caused by the day to day activities of the business. We will work to improve the environmental impact of our organisation by following these principles:

  • We will comply with the requirements of environmental legislation and approved codes of practice
  • We will aim to improve environmental performance
  • We will reduce pollution, emissions and waste arising from our activities
  • We will reduce the use of all raw materials, energy and supplies
  • We will raise awareness, encourage participation of our employees in environmental matters
  • We will liaise with the local community
  • We will participate in discussions about environmental issues.

Changes to our Code of Practice.

Any changes to this Code of Practice can be made at the discretion of Home Net.  Copies of Home Net Code of Practice can be obtained by writing to the Customer Services Manager, 27 Beresford Street, St Helier, Jersey, JE2 4TD.

Home Net Limited

Appendix 3

Consumer Broadband fair usage policy

 

High Speed Internet is a shared service and the activities of some users can impact the services available to other users. In an ideal environment, all users would obtain an equal percentage of the available bandwidth. Unfortunately, some users take a disproportionately greater share of the available bandwidth and, as a consequence, other users suffer a diminished experience. Particularly at Internet peak usage times, data rates may be reduced by contention within the Home Net local access network and the public Internet.

In order to preserve the quality of our High Speed Internet delivery services, we require that all customers comply with this Fair Usage Policy (“FUP”). The FUP is intended to ensure that the users of excessive bandwidth-consuming applications do not use their service to the detriment of other High Speed Internet customers.

In order to implement our FUP, we monitor the performance of our network. In doing so, we may reduce the bandwidth allocated to users of applications that download unusually large files during peak times so to ensure this excessive usage does not affect other High Speed Internet customers. If a High-Speed Internet customer exceeds the usage associated with the relevant High Speed Internet package that such user is on, Home Net will not be liable to such user for the quality, integrity or continuation of the High Speed Internet service.

Whilst the purpose of this FUP is to avoid any unfair disruption of service resulting from extreme peer-to-peer usage, other file-sharing software and downloading of very large files during peak usage times, we do not prevent the use of such applications or downloads. Furthermore, if you do not use peer-to-peer or file-sharing software or if you don’t download excessively large files continuously at such peak times, then it is unlikely you will be affected by this policy. However, if you use the following applications you are more likely to break the Fair Usage Policy: peer-to-peer (P2P) file sharing software, P2P TV, streaming video services or software update services. Many of these applications continue to send and receive data constantly in the background. Even if you’re not downloading a file, these applications may still be transferring data.

Additionally, as Home Net continues to upgrade its High-Speed Internet distribution capabilities, users will be able to experience different content enabled by the higher access speeds. We may from time to time to introduce download limits to some High-Speed Internet packages in order to enable us to manage the High-Speed Internet customer experience. Obviously, we will communicate such limits as well as any available upgrade option or charges for excessive usage and provide you with the relevant tools to measure your usage. In order to understand the amounts of data that you will typically transfer, you may find the following information useful but would stress this is a guide only:

 

Type of data

 

Size of data (megabytes)

 

Text only email 0.005
Average web page 0.05
MP3 Music file (4 minutes) 5
Movie trailer (3 minutes) 30
Word document 0.05
Online gaming 20 per hour
Streaming audio (128k speed) 60 per hour
Streaming audio (300k speed) 140 per hour

 

If, in our reasonable opinion, we establish that you are using any of our services in a way for which it was not intended we may ask you to modify your usage pattern – and in extreme circumstances, we may limit the speed of, or block your access to the High-Speed Internet service

3G AND 4G FAIR USAGE POLICY

From time to time Home Net may provide services or promotions with “Unlimited” usage for certain services. These “Unlimited” services or promotions may also be subject to their own terms and conditions. Unless otherwise stated the standard fair usage policies that will apply for these services or promotions will be as follows:

Type of Activity Monthly Fair Use Policy
Call Minutes 6,000 (200 per day)
SMS 6,000 (200 per day)
Data 15GB (500MB a day)
Roaming Incoming Minutes

 

200

 

 

The fair use policy does not limit the customer’s usage and customers will continue to use our services when they reach and/or exceed the policy.

However, if, in our reasonable opinion, we establish that you are using any of our services in a way for which it was not intended or to the detriment of other customers we may ask you to modify your usage pattern – and in extreme circumstances, we may limit, restrict or charge your access to these services. Unlimited data plans will not be charged for data however data speeds may reduce after the fair use limit of 500MB a day is reached to reduce network congestion. By enforcing this Fair Use Policy, we can ensure that a superior quality service will be experienced by all our customers.

Home Net Limited

Appendix 4

Price List

 

 

Service Monthly Price

£/month

   
Unlimited Y tel £16.99*
Unlimited Homenet Fibre £24.99*
Unlimited Fibre on JT Network £23.99*
Unlimited Copper on JT Network £23.99*
100GB 4G £24.99*
Homenet 200 £16.99*
Homenet 200 x 2 £34.99*

 

*The price shown exclude GST and a one off set up charge of £50.00 (plus GST)

Adhoc Service Price

 

Engineering call out charges (09:00 – 17:00: Monday to Friday – excluding bank holidays) First hour – £45* Every half hour thereafter £20.00*
Engineering call out charges (17:00 – 09:00: Monday to Friday and 00:00 – 24:00 Saturday and Sundays – excluding bank holidays) First hour – £90* Every half hour thereafter £50.00*
Engineering call out charges (00:00 – 24:00 on bank holidays) First hour – £120* Every half hour thereafter £82.50*
Paper bill £2.00 per month
CPE not returned or returned damage £100 per CPE
Reconnection charges £50
Non-Direct Debit £3
Reconfiguration charge £10
Bounced Direct Debit £10

 

*The price shown exclude GST and a one off set up charge of £50.00 (plus GST)

Home Net Limited

Appendix 5

Broadband Terms & Conditions

General Terms and Conditions

 

The Home Net limited Broadband services are always-on Internet connections. Broadband is available in a range of speeds and delivered in different ways enabling You to connect computers and various other compatible devices to the Internet.

SECTION 1 – Service Specific Terms and Conditions

These Home Net Service Specific Terms and Conditions should be read in conjunction with the Home Net General Terms and Conditions. Where there is conflict these Service Specific Terms and Conditions supersede the General Terms and Conditions.

  1. Definition and Interpretation

The Home Net General Terms and Conditions include definitions, which apply to these Service Specific Terms and Conditions. These definitions are in addition:

“Billing Date” means the date We produce Your monthly bill, which is usually during the first week of each calendar month.

“Broadband” means a particular service provided by Us that enables fast Internet access, that is always on. “Content” means any information, graphics, audio, video, text or other computer files included in a Website or email stored on or passing through Our Telecommunications Network.

“Domain Name” means the address or part of the URL of a particular Website. It is the text name corresponding to the numeric address of a computer on the Internet. e.g. http://www.homenet.je

“FTP” means File Transfer Protocol, which is the standard method of transferring computer files over the Internet, especially when building a Website.

“Helpdesk” means the support centre made available to Our customers to which technical queries relating to Our supported software and equipment are directed. Customers may be charged for emails or telephone calls to the Helpdesk. Relevant information is available on Our Website.

“Internet” means the global network that links millions of computers, using phone and cable links. This provides worldwide communications to homes, schools, businesses and governments. The World Wide Web (“www”) runs on the Internet.

“LAN” means a local area network connecting computers that spans a relatively small area.

“Licensed Operator” means a person to whom an individual licence has been granted or who is authorised by a class licence to establish, operate or maintain a Telecommunications Network of a class or description specified in the licence, or to provide a Telecommunications Service of such a class or description, or both in accordance with the Telecommunications (Jersey) Law 2002.

“Service” means any Broadband Service provided to You by Us under these terms and conditions.

“URL” means the full text entry needed to access a particular Website on the Internet. e.g. http://www.homenet.je

“Website” means a place on the World Wide Web comprised of graphics, text, audio, video, and other computer files providing dynamic or static materials that appear as digital information on any form of computer “Wireless Internet Access” means a wireless connection between the router located in Your Premises and Your wireless enabled equipment.

“Wireless Internet Access” means a wireless connection between the router located in Your premises and Your wireless enabled equipment.

  1. Use of Service

2.1      You shall not use the Service or permit any other person to use the Service:

2.1.1   fraudulently or in connection with a criminal offence; or

2.1.2   to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any unsolicited advertising or promotional material sent or provided by You or any other party; or

2.1.3   in an unlawful manner, in contravention of any applicable legislation or licence or in contravention of our Acceptable Use Policy as may be amended by Us from time to time and which You are strongly advised to read.

2.2      The Service is accessed via an exchange line. This Agreement does not include the provision of the exchange line that is necessary for connection to the Service. You are responsible for making a separate application for the exchange line and for complying with the conditions applicable to it, or You bear sole responsibility for ensuring the person who rents the exchange line has given You permission allowing You to have a Broadband Service provided over that exchange line. You need to have an exchange line, or the permission of the person that rents the exchange line in order to use the Broadband Service and Wireless Internet Access.

2.3      You are responsible for providing a suitable computer, an appropriate interface and any other items of hardware or communications equipment necessary to enable You to access the Service.

2.4      You undertake to use the Service in accordance with these Terms and Conditions, Home Net General Terms & Conditions, the Price List, the Order Form, Direct Debit form and the Acceptable Use Policy and any other laws or regulations which may apply.

2.5      The Service may not be accessed or used more than once at any given time. The Service is for use on the exchange line on which it is ordered only. It should not be used to access the Broadband network from any other Service Number.

2.6      You are responsible for the upload, creation, maintenance and design of Your Content regardless of its format.

2.7      You must ensure that Your Content and any third-party Content does not include any information or material, any part of which or use of which would be a criminal offence or in any way unlawful. In particular, You must ensure that all necessary licences and consents (including those from owners of copyright or performing rights or any other intellectual property rights) have been obtained.

2.8      You must ensure that You comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which relate to the provision of Your Content and which apply to You and/or which We may inform You of.

2.9      If anyone other than You uses the Service with or without Your knowledge or approval in contravention of any of paragraphs 2.1 – 2.8 inclusive We can treat such contravention as a breach by You of this Agreement for the purposes of paragraph 14 (Default) of the Home Net General Terms and Conditions, which shall apply accordingly.

2.10    You must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against You relating to Your use of the Service and You will, at Our request, immediately stop the act or acts complained of. If We ask You to, you must confirm the details of the claim(s) in writing.

2.11    You must ensure that Your contact details e.g. email address are included in a clear and legible form on Your Website, for receipt of any enquiries or complaints regarding Your Content or any other material which appears on Your Website. We reserve the right to disclose to any person with an enquiry or complaint Your contact details if such person cannot locate these details on Your website.

  1. Restrictions on Use

3.1      You must not re-sell or attempt to re-sell the Service to any third party without Our prior written permission.

3.2      If, following routine system administration of the Service (including without limitation server, network and security monitoring, and monitoring for unattended logins), We detect that Your use of the Service:

  • impairs the integrity of the system and/or the Telecommunications Network used to provide the Service; or
  • causes detrimental performance of the Service to You or any other customer; We reserve the right, on giving You prior notice where practicable, to suspend Your access to the Service (without prejudice to Our right to terminate this Contract under paragraph 9 or otherwise) until We receive assurance from You that You will not use the Service in such a manner.

3.3      Where We provide You with e-mail facilities, web hosting or other services which involve Us providing storage space on Our systems, We reserve the right to impose limits (which We may vary from time to time) on the storage space We provide to You. Such limits may be in relation to the physical amount of web space or the number of mailboxes made available to You, e-mail messages that can be stored and /or the size of any attachments You can send.

3.4      We reserve the right to reject material and/or to delete material which exceeds the relevant limits in force at any time.

3.5      FTP access to Our web space is restricted to Home Net Service users only.

3.6      You acknowledge that We may vary the site Content on www.HomeNet.je from time to time without notice.

3.7      Content may only be used for Your own purposes. We do not guarantee the accuracy or completeness of the Content and Your use of the Content (for whatever purpose) is at Your own risk.

3.8      Additional terms and conditions may be displayed online or elsewhere relating to particular Content (or any application provided to You as part of the Service). If You choose to access such Content and/or application, you will need to comply with the terms and conditions that apply to them.

  1. Telecommunications Equipment

You are responsible for any Telecommunications Equipment that We provide at Your Premises and for its safe and proper use. You must not interfere with it nor let anybody else do so, unless authorised by Us. If any part of Our Telecommunications Equipment is lost, destroyed or damaged, apart from fair wear and tear, you will be charged for its repair or replacement.

  1. Charges

5.1 You will be charged for the Service at the rates and charges applicable as published at

5.1.1   published at www.Homenet.je; or

5.1.2   as shown on Your Order Form; or

5.1.3   available at our offices at Your request

5.2      All charges and rates for the Service either published on www.HomeNet.je or anywhere else are exclusive of GST and other local taxes, unless stated otherwise.

5.3      You undertake to be responsible for any charges of any nature incurred by You from any third party as a result of any authorised or unauthorised use of Your login code and/or password.

5.4      You undertake to be responsible for any charges of any nature that may be incurred by Us as a result of any authorised or unauthorised use of Your login code and/or password.

5.5      You undertake to be responsible for any direct or indirect charges of any nature incurred as a result of any authorised, or unauthorised use of the Helpdesk regarding Your account for whatever reason.

5.6      You undertake to be responsible for any charges of any kind incurred as a result of using a Home Net Service as defined in the Price List. Your Home Net Service must be used in accordance with the Acceptable Use Policy.

  1. Payment

6.1      You shall pay to Us on demand all applicable charges for the relevant Service at rates specified in Our Price List and/or Your Order.

6.2      Rental for the Service will start on the Service Delivery Date, unless We notify You of a later date for the start of Service when rental will be payable from.

6.3      Rental is normally payable in advance but We may bill You in arrears. Except for temporary Service, you must pay rental in accordance with Our billing cycle. We will apportion rental on a daily basis for incomplete billing periods.

6.4      Payment is required by Direct Debit. If the Direct Debit instruction to pay for the Service is not completed or is cancelled by you or your bank an additional charge may be applied for each month that We are unable to claim the payment of Our bill by Direct Debit.

  1. Cancellation

Prior to the Service being provided, this Agreement may be cancelled by Us if the exchange line associated with this Service is cancelled.

  1. Suspension

We may suspend the Service immediately and without notice if the exchange line associated with this Service is suspended.

  1. Termination

We may terminate this Service immediately and without notice if the exchange line associated with this Service is terminated.

  1. Accommodation, Power and Lightning

10.1    In order to provide Service We may have to place equipment on Your Premises. You must provide a suitable location and environment for Our equipment. You must prepare Your Premises before Service is provided according to any instructions that We may give You. We will take reasonable care when carrying out work on Your Premises but You will be responsible for any necessary re-decoration and for putting items back once We have completed the work.

10.2    You must supply at Your own expense, a suitable mains electricity supply and connection points, where We need them, if they are required for Our equipment.

10.3    If You require You must provide at Your own expense, suitable lightning protection equipment for use with any Customer Premises Equipment associated with the Service.

  1. Customer Premises Equipment

11.1    You must only connect Customer Premises Equipment to Our Service at the designated Network Termination Point.

11.2    Your Customer Premises Equipment must only be used with Our Service as directed under the Telecommunications (Jersey) Law 2002 and in a way that meets all relevant standards and instructions applicable to You. If Your Customer Premises Equipment does not comply with the above then You must disconnect it immediately or allow Us to do so at Your expense.

  1. Security

12.1    You are responsible for the security and proper use of all user IDs and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

12.2    You must immediately inform Us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

12.3    We reserve the right to suspend user ID and password access to the Service if at any time, we consider that there is or is likely to be a breach of security or misuse of the Service.

12.4    We reserve the right (at Our sole discretion) to require You to change any or all of the passwords used in connection with the Service

12.5    If You forget any password, by contacting the Helpdesk by telephone and satisfying such security checks as We may operate, you will be given a new password to enable You to use the Service.

12.6    You confirm and warrant that all the information supplied by You when You register on-line for the Service is true, complete and accurate in all respects.

12.7    If You use a wireless router with the Service You are responsible for ensuring the wireless service is secure. You should follow any security instructions provided with Your wireless router or contact Us for advice.

  1. Information and Permissions

13.1 You confirm that in respect of the Service:

13.1.1 We may install and keep the Service and Telecommunications Equipment at the Premises and have reasonable access to it; and

13.1.2 You have obtained all permissions, licences and consents from third parties that are necessary or desirable for the supply of Service until its removal.

  1. Access to premises

You shall let Us or Our representatives enter Your Premises for the purpose of installing, maintaining or removing the Service as long as We show You our identity badge. We will meet Your reasonable requirements for the safety of people on Your Premises

  1. Internet

The Service enables access to the Internet. The Internet is separate from the Service and use of the Internet is solely at Your risk and subject to all applicable laws. We have no responsibility for the performance or speed of the Internet, information, software, services or other materials obtained by You using the Internet.

  1. LAN Access

16.1    If You access the Service via a LAN and You do not arrange with Us to supply and maintain an Internet Protocol (IP) router then You are responsible for:

(a)       providing and maintaining a suitable LAN and IP router capable of interfacing satisfactorily with the Service;

(b)       configuration of the IP router;

(c)        the appointment of a person to administer Your system on Your behalf; You acknowledge that We are not responsible for providing any support whether technical or otherwise, to Your LAN. 16.2 Where IP addresses are allocated to You, these are for use in connection with this Service only and all rights in those IP addresses belong to Us. You cannot sell them or agree to transfer them to anyone else and must not try to do so. If this Agreement is terminated for any reason the IP addresses will revert to Us.

  1. Scripting Languages

17.1    We reserve the right (immediately and without giving notice) to remove any scripts written in any language from any of Our servers (or disable any such scripts) if We deem those scripts to be causing technical difficulties in Our network or to other customers.

17.2    We may change the number and type of supported scripts at any time, and from time to time. We will give You notice of such changes at least 14 days before they take effect, but reserve the right to notify You of immediately effective changes in circumstances where failing to do so could result in scripts being removed or disabled as referred to above.

  1. Liability

18.1    We exclude all liability of any kind for Your Content or for third party Content. However, we reserve the right to remove any of Your Content or third party Content following notice to You, if We reasonably believe that there may be a breach of this Agreement, any applicable law or regulation or any third party rights.

18.2    The Helpdesk is provided as a technical support facility and We do not guarantee that the advice provided by the Helpdesk will necessarily resolve Your query. Neither the Helpdesk nor Home Net are liable whether in contract, tort (including liability for negligence) or otherwise for any failures of any networks, equipment, software or applications which may be affected as a result of implementing recommendations advised by the Helpdesk.

18.3    We will provide the Service at speeds up to the published rate to which You have subscribed. We cannot guarantee the specific speed that You will receive as it is dependent on the technical and physical characteristics of Your exchange line up to the Network Terminating Point, the condition of Your internal wiring and the distance Your Premises is from the exchange or street cabinet.

18.4    You shall indemnify Home Net against all claims, liabilities, costs, losses and expenses which may be made or asserted by the person that rents the exchange line as a result of the provision of the Broadband Service over that exchange line.

18.5    We do not accept liability for any disruption, loss and or damage to Your data, PC or Macintosh that may occur while You are using: (i) the installation and support CDs that We supply to You, (ii) the Service, or (iii) programs or data on the CDs.

  1. Router and Fault Repair

19.1    We may provide You with the router necessary to access the Service. The router becomes Your property when You take the Service. Risk shall pass to You on delivery. We will be responsible for any repairs to the router during the warranty period and reserve the right to replace it with a new router at Our sole discretion, however:

19.1.1 Our standard warranty excludes damage caused by lightning or any other events of force majeure; normal wear and tear; improper and negligent use; third party interference (including hacking or any form of toll fraud, rogue dialing or other forms of fraud that causes Your Customer Premises Equipment (including the router) to make calls or incur charges that You are not aware of); use with products not specified to work with the Customer Premises Equipment (including the router) and installation of additional Customer Premises Equipment if it does not comply with the relevant technical specifications.

19.1.2 We do not give any warranty that the provision of the Customer Premises Equipment (including the router) provided as part of the Service is fit for any particular purpose or will interface with any other Customer Premises Equipment nor support any particular Software. 19.1.3 The router that We supply to You is compatible with the Service. If You replace the router that We supply with different Customer Premises Equipment, it may not be suitable to use with the Service and may result in a reduced quality of service.

  1. General Terms and Conditions

You should refer to the Home Net General Terms and Conditions for additional clauses under each of the above headings and in particular for the following:

·                Provision of service

·                Special provision of service

·                Fault repair

·                Relocation and reconfiguration

·                Term of service

·                Temporary Service

·                Interconnection

·                Deposits and Payments in Advance

·                Default

·                Call Monitoring and Recording

·                Information and Permissions

·                Confidentiality

 

·                Complaints and Arbitration

·                Assignment

·                Copyright

·                Duration and Entire Agreement

·                Indemnity

·                Law

·                Matters Beyond Reasonable Control

·                Notice

·                Use of Information

·                Severability

·                Variation

·                Waiver

 

 

SECTION 2 – Service Level Agreement

  1. Provision of Service

We will provide the Service to meet the Service Delivery Date that We agree with You in accordance with this Agreement. Where We fail to meet the Service Delivery Date You may be able to claim compensation under the Consumer Code of Practice.

We will not be liable for delivery failure where You request a later date or where it is caused by a reason beyond Our reasonable control including late receipt of a signed Order Form or Direct Debit form.

The target time for the provisioning of the Service under normal operating conditions is up to 15 working days. We will provide the Service using Our standard engineering methods and to the current technical specification, which We may vary from time to time.

Requests made to Us relating to the provision of the Service must be submitted in writing to: Home Net Limited, 27 Beresford Street, St Helier, Jersey, JE2 4TD Email: contact@HomeNet.je

  1. Fault Repair

We will provide You with a working service although We cannot guarantee that it will always be Fault free. We will take one or more of the following actions in response to a reported Fault:

  • Provide advice and assistance by telephone;
  • Carry out tests and diagnostics on the Service;
  • Visit Your Premises. We will only be able to arrange a site visit by the incumbent provider upon acceptance by You of possible site visit charges. These charges are levied at the discretion of the incumbent provider.

 

STANDARD REPAIR SERVICE  
   
Fault reporting and assistance 24 hours a day via Our Contact Centre voice mail after Normal Working Hours on 01534505400 or email mail@homenet.je

 

Fault cover Normal Working Hours 09.00 to 17.00 Monday to Friday (excluding public/bank holidays)

 

Fault Repair Time

 

This will vary depending on the nature of the Fault.

 

 

Where We fail to repair the Service within a reasonable period of time, you may able to claim compensation under the Consumer Code of Practice.

 

If We respond to a reported Fault and find there is none, then a charge will be made at the applicable hourly rate. If We agree to attend a reported Fault in Service outside Normal Working Hours then You will be charged at the applicable hourly rate.