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General and introduction
Lixxus strive at all times to explain our terms and conditions in plain English. If there are any points in this agreement that you don't understand then please contact us and we will be happy to explain. Reference to 'these terms and conditions' or 'this agreement' or 'this contract' refer to these end user terms and conditions. Reference to 'you' is a reference to you our end user customer.
All services and products supplied by us are supplied upon the terms of this agreement. These terms may be changed or varied from time to time and these changes will be notified to you on our web site.
You must also read and abide by the Lixxus acceptable use policy ('AUP'), and our fair use policy ('FUP') these can be found at www.lixxus.co.uk in the support section of our website under legal. This gives you information regarding the limitations of the service we provide to you and what we expect from you in terms of how you use the service. N.B. The Lixxstart and StartBasic true Pay as you go service in particular and other Lixxus products have limitations to use, these are laid out in the Lixxus fair use policy (FUP). This can be found in the support legal pages on our website and is subject to change from time to time.
If you purchased a Lixxus product through a third party or reseller, in addition to these terms and conditions you may be bound by the terms of your agreement with that third party or reseller and their AUP, FUP You are advised to contact your re-seller for details.
Special terms and conditions associated with Lixxus telephony services.
1. The service provided by Lixxus is not a conventional Publicly Available Telephone Service (“PATS”) and you should read carefully the service details for the product you wish to purchase or have purchased. In particular you should be aware of the service limitations described within the service details area on our website at www.lixxus.co.ukand the links relating to your specific product.
2. Lixxus telephony services are subject to differing regulatory treatment than a “PATS” telephone service and this may affect or limit your rights of recourse before any regulatory agencies such as OFCOM and other such agencies outside the UK.
3. By purchasing Lixxus telephony services, also referred to as Voice over IP (VoIP) or Internet telephony (“The Service”), you confirm that you understand that the service:
3.1. Does not offer all of the features you may expect from a conventional telephone service or
Publicly Available Telephone Service (“PATS”).
3.2. May, from time to time be unavailable as a result of reasons out with our control, and at times of
any loss of service, you will not be able to contact the public emergency and or personal
emergency services including but not limited to 999 and 112 services.
3.3. May not connect to the public emergency services and if you do make an emergency services call
(including but not limited to Fire, Police, Ambulance or other emergency call) we may not present
electronically your phone number and location details to the operator, as can be the case with a
conventional PATS telephone service. You will be required to give both your BT telephone number
and geographical location to the operator verbally if you make an emergency call and may not
allow the operator of the emergency service to transfer you to an alternative emergency service.
3.4. May not allow you to transfer or redirect (port) your existing number to an alternative service if
your service is, for whatever reason, terminated or ceases.
4. In relation to any liability we may have to you regarding in this case specifically to the provision of telephony services, whether in negligence or otherwise, the total amount of our financial liability will be limited to an amount equal to the amount you would have paid to us during the initial term assuming this agreement had operated normally in accordance with its terms.
Special terms and conditions associated with online Backup.
1. Lixxus do not provide back-up of your data unless you subscribe to a Lixxus provided back-up service at which time the following will apply:
1.1. Lixxus do not guarantee the integrity of any data or backup stored on the Lixxus back-up servers
and can under no circumstances guarantee that files restored from our backups will be complete.
1.2. We will use reasonable endeavour to provide copies of your data for disaster recovery
purposes.
1.3. In relation to any liability we may have to you regarding specifically to the backup of data, whether
in negligence or otherwise, the total amount of our financial liability will be limited to an amount
equal to the amount you would have paid to us during the initial term assuming this agreement
had operated normally in accordance with its terms.
General terms and conditions associated with all services.
What We Provide
1. We provide you with a high speed broadband service which connects you to the internet as described on our website at www.lixxus.co.uk. We also provide a range of non Publicly Available Telephone Services (PATS) using Voice over IP (VoIP) technology or sometimes referred to within our website and terms as “Internet telephony”. We also offer a range of related Internet services, these include but are not limited to, email, online backup, telephone numbers, routers, modems and associated voice and broadband hardware.
2. The service is for home and business use. Business customers may require improved quality of service and or service level guarantees, we suggest therefore that business users buy business grade products. These products generally cost more as they often have improved levels of support, have minimum service level agreements and offer you service credits for time spent offline due to faults with the service.
3. In the case of SDSL services we also provide a dedicated telephone line for this service.
Where Do We Install This Service?
4. The service is installed at the address you provide at the time of order.
When Does Your Contract With Us Start?
5. The contract with Lixxus starts when you order the service by clicking on the ‘accept terms and conditions’ button at the time of order. Or when you order the service from one of our representatives.
What You Need
6. You will need the following items to connect to your broadband and or voice service.
A BT telephone line
Additional products required
A computer of a certain specification (see www.lixxus.co.ukfor minimum requirements)
A microfilter connected to your telephone wall socket
Additional microfilters for other telephone equipment connected to your telephone line such as
Faxes and answerphones
A modem or router connected to your telephone line via your microfilters and also connected to a computer
If you have more than one computer you may require network equipment to connect them together
Lixxus can provide all of the additional products. See www.lixxus.co.uk or call support for details
7. If you use your own equipment and attach it to this broadband and or voice service, whether directly or indirectly attached, you must ensure it is technically compatible with the service and that it doesn’t breach any standards or telecommunications standards. Lixxus will not provide support for equipment not provided by Lixxus.
Loss of Telephone Line During Install
8. During the connection or migration process you may experience a temporary loss of your telephone line services. And in the case of migration to Lixxus from another broadband and or voice service provider, you may experience a temporary loss of your broadband and or voice connection.
How Long Does My Contract With Lixxus Last?
9. The contract lasts for a minimum of 12 months unless a different minimum period is specified on our website under the relevant product or service description. The minimum period will be referred to in this contract as the ‘initial term’.
10. After the expiry of the ‘initial term’ this contract will continue on a month by month basis subject to each party’s right to terminate the agreement on serving not less than one months notice of termination on the other party .
11. We may have to perform a credit check on you and if the results of this credit check are not satisfactory this may result in the termination of this contract by us.
If You Cancel the Contract How Much Do You Pay
12. If you cancel prior to the end of the initial term you will have to pay for the service up to the end of the initial term in one lump sum immediately on termination.
13. If you want to end the contract after the end of the ‘initial term’ then you must give us one months notice and you will be liable to pay for a whole month in the event that you fail to provide a full months notice. In certain circumstances, If you cancel the service after the end of the ‘initial term’ and more than 6 days after the anniversary or billing date for the service, the cancellation will take place on the next anniversary and or billing date for the service and will be terminated 30 days after that date. In the circumstances where you cancel the service within 5 days or less after the anniversary of install or the billing date but after the ‘initial term’ for the service, your service will terminate 25 days later.
Other Reasons For Cancelling This Contract
14. If you move house or office, you may have to pay Lixxus for the remaining term of your contract with us as your Lixxus Broadband connection relates to a specific telephone line and number, it is not always transferable. If you require further information, contact Lixxus support staff to discuss this.
15. You have the right to cancel this contract 24 hours after your order (this is in effect a ‘cooling off’ period).
16. If you fail to pay your telephone bill you may be disconnected from the telephone network, at this point your Lixxus service will be suspended but this agreement shall continue until terminated in accordance with its terms and you will be liable to the fee in the normal way.
Quality of Service
17. We cannot provide a guarantee of a fault free service. In the unlikely event that your service fails, it is your responsibility to contact us to inform us, we will then make every effort to resume the service as soon as possible.
18. Broadband relies on your local telephone exchange having the equipment to connect you to this service. We will do our best to provide the type and speed of service you order but cannot guarantee that we can in every instance. It can be the case that even though your exchange has the ability to provide a broadband connection, you may not be able to receive the service or you may only be able to receive a reduced speed/quality of service. This can be due to many reasons, including distance from you premises to the exchange and also the quality of telephone line to your premises. If this occurs, we will inform you of the type of service we can provide, if any. This may delay the install process.
19. Please check that you do not have incompatible products already running on your telephone line before ordering broadband, a full list of products that may be incompatible with broadband can be found on our website at www.lixxus.co.uk.
20. We will make every effort to supply your service within the time explained to you at the time of order or emailed to you during the install process. We cannot however guarantee the install date as we and all other broadband suppliers in the UK rely on third party’s to provide constituent parts of the service.
21. We may suspend your service at time of scheduled and or un-scheduled maintenance to improve or enhance the service or to make repairs to our network. At such times we will strive to inform you prior to any downtime by email to the email address given to us at the time of your order. If you change your email address please contact our support staff to enable us to keep you informed of any downtime or changes to your service.
22. We may have to alter codes, passwords, usernames, access numbers, technical specifications and or limits on data transfer associated with this service from time to time.
Self Install or Site Visit
23. In most cases, the service we provide is a ‘self install’ service. Sometimes we have to visit your premises to check that we can provide you with the service. There may be a charge for this service, we will inform you in advance if a site visit is required.
24. You should be aware that in the event of a site visit to install your service any incorrectly wired extensions to your telephone master socket forming part of the BT telephone network at you premises will be left disconnected as they may/will affect your broadband connection. The customer agrees that any repairs to these extensions will be the sole responsibility of you the customer and that you will not seek compensation for any repairs to those extensions.
25. If we visit you or we employ a third party’s agent to visit your premises, you will at all reasonable times, provide those third party’s employees or Lixxus employees or anyone acting on our behalf who provides a valid identity card, access to your location or premises. This will most likely occur within working hours but can be at other times.
26. You agree to provide a safe and suitable working environment for all third parties employees and or our employees who require to visit your site or premises. You will also provide such facilities as would reasonably expected for our employees or the employees of any third party who may visit your premises to carry out the installation of the service.
Using The Internet, Security and Your Connection
27. You accept that use of the internet is at your own risk and subject to any applicable laws. You specifically accept responsibility for any content you or people connected with you who may have access to the service, view on the internet or are sent over the broadband and or voice service. You will not hold Lixxus responsible for any claim, order, prosecution or loss of any kind relating to your use of the internet and any content you or people connected to you view over your Lixxus connection or broadband connection.
28. You the End User acknowledges that the Reseller or its suppliers is unable to exercise control over the content of the information passing over the supplier connection and/or the supplier network and/or the Service, and the Reseller and its suppliers hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
29. The supplied network and/or Service may only be used for lawful purposes by the End User and the End User agrees to be bound by the Lixxus Acceptable Use Policy in relation to the use of its service. The Acceptable Use Policy is published on the Lixxus web site at www.lixxus.co.ukand may be downloaded from there. The Reseller and Customer are responsible for ensuring they have read and understood its contents.
30. You also agree that any equipment connected to your broadband and or voice connection is secure from attack by virus or other malicious attack from the internet. Lixxus provide information and links to providers of firewall and anti virus software but Lixxus do not support or imply that these products are secure or guarantee that they will work or protect you from loss of data, information, corruption of data, financial loss and or malicious attack.
31. In particular, Pay as You Go customers should be aware that virus, mail bombs, DDOS attack and other malicious activity not listed here can increase and or adversely affect the amount of money you will have to pay every month for your broadband connection. This is due to the fact that we charge you for the amount of data transferred over your connection and or your time online, therefore it is imperative that you install anti-virus, anti-spam and firewall software on any computer you or anyone connected to you on your network, details and links to security software can be found at www.lixxus.co.uk.
32. It is your responsibility to make sure that any equipment attached to your broadband and or voice connection is secure from attack by other internet users.
33. You agree to indemnify and you will not hold Lixxus or any suppliers or agents of Lixxus responsible and we have no obligation to compensate you for loss of information, data, money or any financial loss, data corruption or for any loss howsoever caused including but not limited to infringement of any intellectual property right of any kind, legislation or regulation, with regard to this service even where the service was supplied to you by a third party or reseller. The End User shall pay all reasonable costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against the Reseller and/or its suppliers arising from such claims, and shall provide the Reseller and/or its suppliers with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the End User's sole expense. Such actions will be taken in consultation with the End User.
34. You are entirely responsible for evaluating any goods or services you obtain or are offered over the internet. Lixxus cannot be held responsible for any transaction you make over the internet and will not get involved in discussions regarding any contract entered into by you or services and or products purchased by you over your broadband connection (including by email).
35. You will not hold Lixxus responsible for any loss incurred by you whilst using your credit card or other monetary transaction you make over the internet (including by email).
36. You agree to keep all usernames and passwords confidential and to ensure they are only used by person’s authorised by you.
37. You accept and acknowledge that the internet is not secure and Lixxus does not guarantee that we can prevent or detect any unauthorised use of the broadband and or voice connection or service.
Paying For The Service
38. You agree to pay us the charges which may change from time to time and are detailed in our price list for the service, this can be found at www.lixxus.co.uk.
39. You must pay for the service whether or not you or any another person who may have access to the service, uses the service or not except in the case of our Pay As You Go products where you will be asked to pay by the amount of data you use. We suggest you also read our Fair Use Policy (FUP) with regard to limitations of service, the FUP can be found in the support pages on our website under ‘Legal’.
40. You must pay a deposit for the service equal to one month’s connection fee, you must also pay a set-up fee and for any equipment we send you in advance by credit card except in the case of our pay as you go products where you will be asked to pay for an install fee and any hardware you purchase from us in advance by credit card. For hybrid products which include a monthly subscription and a pay as you go charge for usage, you will be asked to pay for the subscription, setup and any hardware in advance by credit card. At the time of order an email will be sent to the address you specify during the order process listing the charges.
41. You will then be asked to pay monthly in advance for the service except in the case of our pay as you go products where you will be billed monthly after your total usage for the preceding month has been calculated.
42. If you hire equipment with this service, you must send it back to us if you or we cancel the service for whatever reason. In certain circumstance you may be able to purchase the rented equipment for a fee. The fee will be calculated taking into consideration the amount of time you have rented the equipment.
43. Equipment rented to you must be returned in good condition.
44. Pay as you go customers should refer to www.lixxus.co.uk for billing details, these may change from time to time and you will be informed by email of any relevant changes, you must therefore inform us of any changes to your details and or email address.
45. You must inform us if your credit card details change. We reserve the right to store your credit card information and may in certain circumstances use your credit card to take further subscription, hardware or install and upgrade fees at your request or in the case where a direct debit payment fails we will inform you as such and ask to take the payment by credit card. If you fail to pay for your service, we reserve the right on request to use your credit card to take late payments with regard to your service. You will also be required to pay for any initial costs such as install, equipment and any deposits by credit card at time of order except where you have purchased a Pay As You Go product when you will pay in advance for the setup fee, and any hardware you have purchased by credit card.
46. If you have purchased a flat rate product, you will be sent an invoice shortly after install for your first month’s fees/charges, you must pay these fees or charges within 30 days by direct debit unless otherwise agreed in writing with Lixxus. If you fail to pay or funds are not available at the time the direct debit is taken we will send you a letter asking for a payment by credit card for the outstanding fees. This should be paid immediately. Pay As You Go customers will be billed after your total usage for the preceeding month has been calculated.
47. You will be invoiced by email every month for this service until this agreement is terminated by you or Lixxus in accordance with its terms. We may send you a bill at any time but will normally send bills out at the beginning/end of each month or on the anniversary of the go-live date or in the case of Pay As you Go products which will be billed for after your total usage for the preceeding month has been calculated.
48. If you fail to pay for this service 21 days after the original due date of any bill sent to you, you will be required to pay three months in advance for this service as a condition of us continuing to provide the service. If you fail to pay the three month sum when requested we will suspend the service but this agreement will not terminate and you will be responsible for payments for the remainder of the term until this agreement is terminated in accordance with its terms. Where you have purchased a Pay As You Go service and fail to pay for the service in a timely manner, we may ask you for a flat rate fee to cover you for the three months following the breach of this contract which will be less than the maximum capped rate as per our pricelist for this service.
49. If payment remains outstanding 30 days after the original due date of any bill sent to you, we will terminate your service. At this point this agreement will be terminated and you will become immediately liable to pay by way of a debt due and owing an amount equal to the sum that would otherwise have been payable by you during the remainder of the contract assuming it had continued until the first date that it could have been lawfully terminated. Your account will be passed over to a collection agency that will pursue you for payment of the debt. You will be asked to pay costs for any collection service and any interest due on the outstanding balance.
50. If you fail to pay for the service by the due date we reserve the right to suspend or in certain circumstances, such as habitual late payment, terminate the service without notice.
51. Any equipment sent to you remains the property of Lixxus until paid for in full, including any interest or penalty applied for late payment.
* Pay As You Go Customers
52. Lixxus Pay as You Go products provide an “Always On” service aimed at customers who have light to medium usage and data transfer and has no initial monthly service fee unless stated to the contrary on the Lixxus website (such as Business grade Pay as You Go services). Lixxus have a connection fee payable to the upstream LLU provider for this service and therefore we do not recommend this service for a second home, holiday home or use which will result in the connection being idle for extended periods, having extremely low data transfer or being switched off for extended periods of time. As such we provide a “Fair Use” policy to allow you to understand the service and to allow us to deliver this service to you. We expect Pay as You Go customers to read the “Fair Use” policy along with our “Acceptable Use Policy” both of which can be found online at www.lixxus.co.uk.
53. In addition to agreeing to the terms set out in this document, as a Pay As You Go customer you also agree that failure to use your Pay as You Go connection for any aggregated 60 day period as laid down in our “Fair Use Policy” will result in termination of your contract with Lixxus. Please refer to the Lixxus “Fair Use Policy” which can be found on our website at www.lixxus.co.ukwhich is subject to change from time to time. Lixxus reserve the right to terminate your contract if you breach the Lixxus Fair use policy. In such circumstances we will in most cases offer you an alternative flat rate service.
54. Our Pay as You Go service has been established to provide you with an always on alternative to flat rate broadband DSL, we do not recommend people purchase this service if they expect to have a high rate of data transfer (see the usage calculator at www.lixxus.co.ukto determine your average data transfer per month). Choosing a Pay as You Go service may result in you having to pay more for your broadband service than you would if you had chosen a flat rate service at the same speed. Lixxus reserve the right to suspend this service without notice to person’s who abuse this service by downloading an amount of data per month determined by Lixxus to be disadvantages to the quality of service delivered to all users of this service or that Lixxus decide is unacceptable use of this service. Any decision to terminate your service due to unfair or unacceptable use is at the sole discretion of Lixxus and its agents and employees. If the service is terminated due to unacceptable use, Lixxus have no responsibility under these terms to compensate you in any way for the loss of your service. In most circumstances we will offer you an alternative product more suited to your data transfer rates.**
55. Lixxus may from time to time and at their sole discretion cap the data transfer applied to any service.
56. Lixxus reserve the right to alter both the capped upper price point for the Pay as You Go services and the cost of data transferred (shown in £/Kb or £/Mb or £/Gb at www.lixxus.co.uk) from time to time.
Using the Service
57. You must refer to our AUP (acceptable use policy) and our FUP (fair use policy) which can be found at www.lixxus.co.uk. The AUP and FUP give you information regarding how you can use the service.
58. If you misuse this service and we have reason to believe that you have done some thing that is unacceptable to us we will terminate your service without notice, you will not be able to claim against us for loss of this service. At the time of cancellation of the service you must return all equipment rented to you. and you will become immediately liable to pay by way of a debt due and owing an amount equal to the sum that would otherwise have been payable by you during the remainder of the contract assuming it had continued until the first date that it could have been lawfully terminated. Your account will be passed over to a collection agency who will pursue you for payment of the debt. You will be asked to pay costs for any collection service and any interest due on the outstanding balance.
59. You agree under this contract that this agreement is personal to you and you cannot transfer it to anyone else or attempt to transfer it.
60. This service is provided to you on condition that you are an end user, you cannot re-sell the broadband and or voice service or any part of the service Lixxus provide to you, or make any charge for the use of the service, to any other person or company.
Transferring your broadband to or away from Lixxus
61. If on entering this agreement you transfer a broadband service from another service provider to Lixxus you will be responsible for any charges imposed by the other provider including any cancellation charges or fees which continue to be due to that other provider for the remainder of any contract you have with that other provider.
62. In most circumstances you can transfer your service to another provider (subject to the terms of this agreement regarding termination and the initial term), this may not be seamless and could in certain circumstances require that your current service ceases prior to your new service going live. This would result in a loss of connectivity for an unspecified period. You may be charged for transferring your broadband and or voice service to another service provider by Lixxus and also by the other provider. The cost of transfer depends on the type of service. Details of transfers to and from Lixxus are available online at www.lixxus.co.uk.
Personal Data
63. By registering for this service you consent to Lixxus using and or disclosing your personal information to those third parties appointed by Lixxus from time to time to provide support, customer care and or sales on behalf of Lixxus for any purpose legitimately connected to the provision of the services. This includes using or disclosing your information to licensed credit agencies and banks for the purposes of setting up a credit check or direct debit. This also includes using and or disclosing your personal information to third parties for the purpose of setting up broadband and or voice services and installing equipment.
Software
64. If we provide software to you in relation to this or any Lixxus service, you will not hold Lixxus responsible and we have no obligation to compensate you for loss of information, data, money or any financial loss, data corruption or for any loss howsoever caused when using the software.
65. Any software delivered will be subject to third party copyright and must only be used by you for the purpose of this agreement and operating any service or product provided to you by us. You must not copy, license or distribute this software, or make any charge to any third party whatsoever for use of the software or otherwise connected with the software.
Insurance
66. The End User shall be responsible for insuring any (if any) Reseller and/or supplier Equipment on the End User site against loss or damage from all risks, such insurance to be for an amount equal to the full replacement value of the Equipment.
67. The End User shall be responsible for insuring themselves against all loss or damage to data. In no event will Lixxus or its suppliers be liable for loss or damage to the data stored/transmitted on/using the Service
Changes to This Agreement
68. If we change our prices or our terms and conditions (this contract) to you, which we can do under the terms of this agreement, we will contact you as soon as possible to let you know.
69 If we change our prices and or our terms and conditions (this contract) we will publish the changes on our website and inform all customers by email as soon as possible before any changes are made.
Matters out with our control – Force Majeur
70. It may be the case that we cannot do what we have agreed to do because of matters beyond our reasonable control. This for instance could be because of a flood, bad weather, or what is often referred to as an act of god, in such cases we cannot be held responsible for what has happened and anything resulting directly or indirectly from this occurrence.
Permission To Use This Service
71. If we believe you have given another person permission associated with you and the service, we may take instructions from that person with regard to this contract.
Limitation of Liability
72. In relation to any breach of this agreement or any other liability we may have to you, whether in negligence or otherwise, the total amount of our financial liability will be limited to an amount equal to the amount you would have paid to us during the initial term assuming this agreement had operated normally in accordance with its terms.
73. We will not pay you more than the value of the service over the ‘initial term’, in compensation, even if we have been negligent. To avoid confusion, the maximum amount of compensation will be equal to and no more than the amount we would charge you for the service for a period up to the end of the ‘initial term’.
Communications and Notices
74. Communications between parties relating to this contract (save in the case of queries or other requests for information) shall be in writing and may be sent by post or email to the last known address of the receiving party.
Law and Jurisdiction
75. This agreement is subject to the laws of England and by accepting these terms you agree to abide by those laws.
If you can't find what you are looking for or would like to speak to a Lixxus representative about your requirements please contact us:
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