1 Commencement and Duration

1.1 This agreement will commence when it is signed by us or our authorised representative and will, subject to clause 5, continue until the end of the Fixed Rental Period.

2 Payment

2.1 You will pay the initial Periodic Rental, the Periodic Rentals and the Documentation Fee at the time specified for payment overleaf. Payments are to be made by direct debit. Payment by post where permitted shall be at your risk. All remittances made other than by direct debit will be subject to an administration charge per remittance of £35 plus VAT. On each occasion that a cheque or direct debit is returned unpaid you must pay an administration charge of £35 (VAT exempt).

2.2 All payments to be made by you must be made without deduction on account of tax or otherwise, and without set-off or counterclaim, and you will not be entitled to any rebate of rentals in respect of any period during which the Equipment is out of order or unusable.

2.3 VAT shall be payable on all sums payable by you to us at the rate prevailing at the due date for payment. We may appropriate any sum received from you under this agreement to any part of the sums due from you under this agreement, notwithstanding contrary appropriation by you.

2.4 Punctual payment is essential. We may charge interest at the rate of 5% per annum over Finance House Base Rate from time to time on all overdue amounts. Interest will accrue on a daily basis from the date the amount falls due until it is received both before and after judgment.

2.5 You must pay on demand the costs (including, but not limited to, costs of letters, tracing fees, debt collection agency and legal costs) which we incur if you change address or move the Equipment from the Location without first notifying us as required by clause 3.1(b) or otherwise breach the terms of this agreement, or if we enforce any terms of this agreement. We may charge £15 plus VAT for each letter sent to you in respect of default, and such other charges as we deem reasonable to cover administration costs incurred in changing the terms of this agreement or providing any information or additional services at your request.

2.6 You agree that your right to receive 14 days’ prior notice of any amendment to be made to a variable direct debit mandate (or any other period of notice which may from time to time be applicable) is waived, and that we will not be obliged to give any notice to you of any such variation.

3 Care of the Equipment

3.1                                You shall:

a) inspect the Equipment upon delivery and sign a Certificate of Acceptance or notify us in writing within seven days of delivery if you do not fully accept the Equipment. Completion of a Certificate of Acceptance or failure to give such notice shall be conclusive that you fully accept the Equipment as satisfactory, in good working order and in conformity with your requirements. Risk in the Equipment shall pass to you upon delivery;

b) keep the Equipment safely at the Location and not move it elsewhere without obtaining our prior written consent;

c) be responsible for all loss or damage to the Equipment (except fair wear and tear) and give us prompt written notice of any loss or damage to the Equipment;

ensure that the Equipment is used in accordance with the manufacturer’s recommendations (if any) and in accordance with the requirements of section 6 of the Health and Safety at Work Act 1974 and any other applicable statutory requirements.

3.2 You shall not without our prior written consent:

a) sell or attempt to sell, let on hire, assign or otherwise dispose of the Equipment or part with possession of it, except for the purpose of repair, nor allow the Equipment to be seized by any third party or allow any lien to be created over the Equipment;

b) allow the Equipment to become annexed or connected to any other Equipment or become affixed to any land, building or heritable property so as to become a fixture or heritable fixture or fitting, nor make any modifications to the Equipment.

4 Insurance

4.1 You must keep the Equipment insured against all risks for its full replacement value and with our interest in the Equipment noted on the policy and you must punctually pay all insurance premiums due. You must provide evidence of such insurance any payment of premiums upon our request and if you fail to do so then we may arrange insurance of the Equipment, and you must reimburse to us upon demand the cost incurred by us in so doing, including the full premium of such insurance. All insurance proceeds must be paid to us and if you receive any proceeds you will hold them on trust for us. If the Equipment is damaged or stolen so as to be a total loss for insurance purposes then we may either (i) apply any proceeds of insurance towards replacing the Equipment and your obligations under this agreement shall continue or (ii) terminate the hiring and apply the proceeds towards the discharge of the Termination Sum payable by you under clause 6.1(a).

5 Default

5.1 We shall have the rights stated in clause 6 if:

a) you fail to pay any Periodic Rental or other sum within seven days of its due date or commit any other breach of this agreement;

b) (unless this agreement is regulated by the Act in which case this sub-clause shall not apply) you fail to pay on the due date for payment any other financial indebtedness owed by you to us or to any other company in our Group of Companies;

c) an administration order, winding up bankruptcy or sequestration order is made in respect of you, or a received, administrator or administrative receiver or similar officer is appointed over any of your assets, or you are deemed unable to pay your debts or become apparently insolvent, or there is a meeting of your creditors or a scheme of arrangement or composition is made with your creditors, or (if you are a company) you are liquidated or wound up or pass a resolution for voluntary winding up (other than for a bona fide reconstruction approved by us), or (if you are a partnership) the partnership is dissolved or terminated or you cease or threaten to cease trading, or dispose of a substantial part of your business or there is a change of ownership or control (whether direct or indirect) of you;

d) any guarantee in respect of your obligations under this agreement is not or ceases to be fully valid, binding and enforceable, or any of the events specified in clauses (a) to (c) of this sub-clause occurs in relation to any party which provided a guarantee or indemnity in respect of your obligations under this agreement;

e) any of the information you have provided to us in connection with this agreement proves to be incorrect;

f) the Equipment is a total loss for insurance purposes.

The Direct Debit Guarantee

This Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society.If the amounts to be paid or the payment dates change Pink Connect Ltd will notify you ten working days in advance of your account being debited or as otherwise agreed. If an error is made by Pink Connect Ltd or your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid.

You can cancel a Direct Debit at any time by writing to your Bank or Building Society. Please also send a copy of your letter to us. 

8.4 if the Equipment is or will become a fixture, you shall upon our request join in the making of an election to enable writing down allowances to be claimed by us. You shall provide us with such information and documentation as we may reasonably require to

6 Remedies

6.1 Upon the occurrence of any event in clause 5, you shall no longer be in possession of the Equipment with our consent and clause 6.2 shall apply, and we shall be entitled, subject to giving you any notice required by law, to terminate the hiring under this agreement and to:

(a)   recover from you a sum (the “Termination Sum”) equal to the aggregate of (i) all arrears and (ii) all Periodic Rentals that would but for termination have accrued due between the date of termination and expiry of the Fixed Rental Period discounted at 3% per annum from the date of termination to the date upon which each Periodic Rental would have fallen due:

(b)   repossess and sell the Equipment and if we do so the net proceeds of sale (if any) will be applied towards any sums due to us. Net proceeds of sale means the proceeds of sale after deduction of our expenses (including legal costs on a full indemnity basis) of locating, repossessing, insuring, storing, repairing and selling the Equipment (net of VAT).

6.2 You may terminate this agreement before the end of the Fixed Rental Period by giving us one month’s written notice, returning the Equipment in accordance with clause 6.3 and paying the Termination sum calculated in accordance with clause 6.1(a).

6.3 On the expiry or termination for whatsoever reason of the hiring of the Equipment you shall return the Equipment to an address in the UK as specified by us, in good condition and repair (fair wear and tear excepted) and in a state which complies with performance in full by you or your obligations under this agreement. If you do not return the Equipment immediately following expiry or termination, we may repossess the Equipment and for that purpose enter the Location of any premises where the Equipment is or is reasonably believed by us to be situated, and sever or remove the Equipment.

6.4 Upon expiry of the hiring of the Equipment or termination by you, Periodic Rentals shall continue to be payable until the Equipment is returned to or repossessed by us.

7 Your Acknowledgement and Indemnity

7.1 You shall indemnify us on demand against all claims, damage, loss, costs and expenses (including legal costs on a full indemnity basis) arising out of the possession or use of the Equipment, except for injury or death caused by our negligence.

7.2 Our liability for any breach of our obligations under this agreement shall not exceed 50% of the total Periodic Rentals payable over the Fixed Rental Period. We shall not be liable for any loss of your earnings or profits. The provisions of this sub-clause shall apply even in the event of a fundamental breach of contract.

8 Variation of Rental

8.1 In calculating the Initial and Periodic Rentals we have assumed that:

(a)   in calculating our profits chargeable to corporation tax we will be entitled to claim and retain the benefit of writing down allowance on all of our expenditure on the Equipment

(b)   there will be no change in the rates of writing down allowances, or corporation tax from that prevailing at the date of this agreement

(c)   the Initial and Periodic Rentals are taxable on the same basis as they are accrued for accounts purposes; and

(d)   there will be no change after the date of this agreement in tax law or practice, company law, generally accepted accounting practice or regulatory or supervisory requirements or recommendations which affect us or any member of our Group of Companies (including, but not limited to, the basis of the taxation of payments for group relief)

8.2 If any of the assumptions specified in clause 8.1 prove to be incorrect and by reason thereof the net after tax rate of return on our investment in the Equipment over the Fixed Rental period shall be less than it would have been had the relevant assumption(s) proved to be correct, we may either:

(i) increase the remaining Periodic Rentals payable; or (ii) if no Periodic Rentals remain to be paid in the Fixed Rental Period charge you an additional Periodic Rental. The increase in Periodic Rentals or the additional Periodic Rental shall be the amount(s) necessary to ensure that, after allowance for the cost of carrying out such calculation, the net after tax rate of return on our investment in the Equipment over the Fixed Rental Period shall remain the same as it would have been had the relevant assumption(s) which we have made in calculating such adjustments or additional Period Rental. Following any such adjustment this paragraph shall have effect as if clause 8.1 above contains the revised assumptions notified to you in lieu of those assumptions which have proved to be incorrect. You shall pay any additional Periodic Rental with

14 days of notification of the amount due.

8.3 At your request and cost, we shall have the amount of any adjustment or additional Periodic Rental in accordance with clause 8.2 certified by our auditors and any such certificate shall (save in respect of manifest error) be final and binding on both parties.

9 Software

If part of the Equipment consists of computer disk, tapes or other media which are recorded computer programs in machine readable form (“Software”) you acknowledge that maintenance of the Software is not a condition of this agreement and the Periodic Rentals will continue to be payable even if the Supplier does not provide such maintenance. You should obtain any warranties or guarantees you require in respect of the Software and its suitability for purposes directly from the Supplier. We exclude all express or implied warranties, conditions or guarantees relating to any Software.

10 General

10.1 No relaxation or indulgence which we may extend to you shall affect our rights under this agreement.

102 You shall have no right or interest in the Equipment otherwise than as a bailee or, in Scotland, a hirer. Ownership of the Equipment shall at all times remain with us and you must not claim writing down allowances on the Equipment.

10.3 Any notice to either party may be given by first class post or facsimile transmission to the address given herein or such other address as subsequently communicated in accordance with these provisions. Any notice sent by post shall be deemed to be served on the second day following dispatch or, if sent by facsimile, on the business day following dispatch.

10.4 If any term or provision of this agreement is to any extent held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms or provisions shall not in any way be affected or impaired.

10.5 Your rights under this agreement cannot be transferred without our express written consent. We may assign, transfer and/or deal in our rights and/or obligations under this agreement, and/or sell the Equipment. Any reference to “us” or “we” in this agreement is a reference to Pink Connect Ltd and any person to whom it assigns its rights under this agreement and the owner of the Equipment from time to time.

10.6 If the party named in the Hirer’s details box overleaf is more than one person or is a partnership then each of them and/or each partner shall be jointly and severally liable under this agreement.

10.7 Nothing in this agreement shall affect your statutory rights, under the Act or otherwise.

10.8 The Contracts (Rights of Third Parties) Act 1999 shall not apply so as to
entitle any third party to any rights or benefits under this agreement.

11 Definitions and Equipment

In the interpretation of this agreement:

11.1 Any reference to a statutory provision shall be deemed to refer to such provision as amended or re-enacted from time to time

11.2 Words and expressions given capital initial letters shall have the meanings given overleaf or below:

“Equipment”                    means the equipment described overleaf

and any modifications, additions and accessories thereto and any replacement equipment provided by us.

“Group of Companies”           means any companies which are members of

the same group of companies for the purposes of the provisions for group relief contained in the Income and Corporation Taxes Act 1988.

“Location”                        means the location of the Equipment

specified overleaf.

“Supplier”                       means the person named as such overleaf.

“VAT”                                            means value added tax as provided for by the

Value Added Tax Act 1994.

12 Choice of Law and Jurisdiction

12.1 This agreement shall be governed by and construed in accordance with English law, unless your address stated in this agreement is located in Scotland in which case this agreement shall be governed by and construed in accordance with Scots law instead.

12.2 The English courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement (including a dispute regarding the existence, validity or enforceability of this agreement) (a “Dispute”), unless this agreement is governed by Scots law in which case the Scottish courts shall have exclusive jurisdiction instead. This Clause 12.2 is for our benefit only. As a result, we shall not be prevented from taking proceedings relating to a Dispute in any other courts of competent jurisdiction.

13 Regulated and Non-regulated Agreement

If, but only if, you are a body corporate or the total including VAT of the Rentals payable exceeds £25,000 (or such other limit as may be from time to time prescribed) then, other statements herein notwithstanding, this agreement is not regulated by the Consumer Credit Act 1974 and the provisions and consequences of regulation do not apply.

Background

This privacy policy covers how we, Pink Connect Ltd collect, use, store and protect the data that is supplied to us by job applicants and agencies.

Our Commitment to Job applicants

We believe completely in equal opportunities and will treat all applicants fairly with no discrimination.

We never knowingly provide misleading information about the nature of the role.  We would never charge a job seeker a fee for the purpose of finding them a role.

We are committed to managing your personal information securely and with respect in accordance with the General Data Protection requirements.

The information we collect may cover the following:

• Contact information (name address, phone number and email address)
• Information from CV or application form or covering letter (education, skills and qualifications)
• Psychometric tests (Myers Briggs and other approved suppliers)
• Health records (Health questionnaires) where required as part of the role.
• Occupational health report (Higher level screening required for role) with Access to medical Records consent being given by the applicant
• Disclosure and Barring Record where a requirement for the role
• References from the names referees that the applicant provides and only with the applicants’ consent.
• Visa and proof of the right to work in the UK documents
• Employment records (including job titles, work history, working hours, training records and professional memberships).
• Salary, annual leave, pension and benefits information.

We may also collect, store and use “special categories” of more sensitive personal data which require a higher level of protection such as Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions. Also, information about criminal convictions and offences.

 

Purpose of collection

The purpose of collecting this information is to find suitable candidates to fulfil a specific role within our Company, and to check that you are legally entitled to legally work in the UK. We collect personal information either directly from candidates or sometimes from an employment agency.

 

How the information is held.

Most information is transmitted by email and is stored on our computers, and paper based filing.

All this information can only be accessed by authorised staff within our Company and the HR Dept.  Our staff are trained to understand the importance of keeping personal data secure.

Our computers are safeguarded by anti-virus software and the regular changing of security passwords.

The information on candidates for specific roles will be held for 6 months in line with CIPD recommended best practice. After which paper files will be securely shredded and computer records deleted. Only if we have asked, and you have given your consent for the data to be held will this not apply.

 

Disclosure

We may disclose the information for the purpose of obtaining referees. Where additional information is required the information may be disclosed to the Disclosure and Barring Service, your G.P or an Occupational Health professional only after you have given your consent

You have specific rights in connection with personal information: request access to your personal information; request correction of the personal information that we hold about you; request erasure of your personal information; object to processing of your personal information where we are relying on a legitimate interest; request the restriction of processing of your personal information; request the transfer of your personal information to another party and the right to withdraw consent.

 

Complaints

Privacy complaints are taken very seriously and if you believe that we have breached your privacy you should in the first instance write to James Pink who has responsibility for Data Protection within our Company stating the details of your complaint. We would ask that you provide us with as much detail as possible to allow a thorough investigation. Your complaint will be acknowledged within 24 hours and we aim to resolve any complaint within 5 working days. However, depending on the complexity of the complaint and availability of external agencies it may on occasions take longer.

Should your complaint show that we have breached our duty of care we will report the breach to the Information Commissioner’s Office

If you are not satisfied by our response you may complain to the ICO.

1. PROVISION OF SERVICES
1(a) We shall provide and you shall use the Services and Equipment subject to the terms of this Agreement, acceptance of which is acknowledged upon completion of the installation. We will provide the Services to you from the date we activate them and will continue to do so unless this Agreement is terminated as per the terms of this Agreement or the terms on your Customer Service Agreement (Terms and Conditions www.pinkconnect.com). You shall have the right to cancel the Services without penalty within three (3) working days of the acceptance of your order by giving Pink Connect notice in writing prior to the engineer coming to install your equipment. If you exercise the right of cancellation, then you shall be liable however, for any charges that may have been incurred thus far (for example but not limited to: site survey, travel costs, etc.). For all General, Billing and Broadband terms (that relates to data traffic laws and Ofcom rules), view our terms and conditions on our website (Terms and Conditions www.pinkconnect.com).
1(b) Nature of the Service – Pink Connect Services fall within the concept of “mere conduit” as Pink Connect does not modify the Information that it carries, applies no technical manipulations suitable to alter the integrity of the Information and is therefore in no way involved with the Information transmitted; you therefore represent, warrant and undertake that all Information originated, carried and/or routed by and/on your behalf over the Pink Connect service is your total responsibility.
1(c) In supplying the Services to you we will use our reasonable skill and care but are unable to guarantee fault free performance. We do not warrant that the operation of the Services will be uninterrupted, timely, error free, or secure or that the Services will meet any of your specific requirements. You acknowledge that we cannot be held responsible for unforeseen interruptions, non availability for outages or deterioration of the Services.
1(d) This agreement constitutes a legal valid and binding obligation on each Party and you are authorised to enter such an agreement.
1(e) The Service is optimized for an End-to-end service availability rate of ninety-nine point five per cent (99.5%) over 12 sliding months per beam (‘Annual availability rate’). The End-to-end service in a beam is considered unavailable if one of these 3 conditions is not met: a. 95% of the active User Terminals of the previous hour are active in a beam. b. At least 2 User Terminals are synchronized in the beam and are able to access the Internet. c. Average test terminal traffic keeps at least at 25% of the traffic in the previous hour. Measurement is performed every 15 minutes. The Annual availability rate excludes interruptions of or degradations in service provision resulting directly or indirectly from atmospheric or extra-atmospheric disturbances (solar storms or solar flares, meteorites, adverse weather conditions, etc.), operations of preventive maintenance carried out after informing the customer, downtimes caused by system hardware and software upgrades when coordinated with the consumer and/or solar conjunctions causing earth station outages (of a few minutes per day over a period of three (3) to five (5) days maximum, generally in early March and October). Pink Connect will devote best effort in order to notify the Consumer of scheduled maintenance events at least 5 working days in advance of the event. If a fault occurs you should notify us by contacting our Customer Support Team on 0345 450 9393. Even if you are unable to access the Services, you remain liable to pay all Charges that would otherwise apply.
1(f) We have the right to change or suspend the Services where we reasonably determine that any technical modification to the Network or change in our trading, operating or business practices or policy is necessary to maintain or improve the Services which we provide to you, including, but not limited to: (I) changing the code or technical specifications of the Services for operational reasons including quality of service; or (II) interrupting or suspending the Services due to an emergency, for the purposes of repair, maintenance, improvement or because of other operational reasons; or (III) giving instructions to you which we believe are necessary for health or safety or for the quality of the Services provided to you or to other consumers; or (IV) where there is any change or amendment to any law or regulation which applies to our trading, operating or business practices or policy or the Independent Regulator and Competition Authority for UK Communications Industries (Ofcom) or any other Competent Authority makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy; or (V) in our reasonable opinion it is otherwise necessary or desirable to do so. Where practicable, we will give written notice to you prior to the changes being introduced. We will also publish particulars of any changes (including the operative date) and on our website as soon as possible prior to the changes being introduced.
1(g) We are not responsible if you are unable to access the Services due to the fact that your apparatus or equipment is incompatible with the Services provided, or does not conform to the Minimum Specifications published by us. It is your responsibility to ensure your equipment is maintained and in working order in accordance with the Minimum Specifications. We shall not be held liable for any pre-existing defect on, or incompatibility with, your computer hardware or software. We may from time to time alter the Minimum Specification required to access the Services. When doing so we will post such advice on our website
1(h) If you move house, we will try, but shall be under no obligation, to provide you with the Services at your new address. You will still be liable to pay the applicable Charges For the Services provided to your old address, even if you move from that address during the Minimum Period, or we do not provide you with the Services at your new address. Where we are providing a Broadband Internet Service and you move to another address, you must give us at least thirty (30) days’ notice if you wish us to provide such Service to your new address. Where we agree to provide the Services to your new address, you shall pay us the applicable transfer of service charge. Particulars of our transfer of service charge are available on our website.
1(i) Pink Connect lets you connect your computer to the Internet whether you are running a Windows or Macintosh or Linux operating system. In order to ensure you get the most out of your Internet experience, Pink Connect has developed these minimum specification requirements:

·         Windows 2000 PE or higher (including Windows XP and VISTA) or Mac OS 10.1 or higher.

·         Network capability (10/100 Ethernet pre-equipped).

2. EQUIPMENT
2(a) We will supply you with the Equipment to facilitate provision of the Services. You must not use the Equipment for any other purpose and must comply with all manufacturers’ instructions and any reasonable instructions that we may give you regarding the use of the Equipment. The Equipment belongs to us (unless you specifically purchase equipment from us with an upfront install charge) and you must not give anyone else any rights over it.
2(b) We may need to supply you with additional equipment in order to provide you with the Services you request. If Equipment is provided to you separately, you may have to pay our reasonable additional Fees. Such additional equipment may be subject to a separate agreement.
2(c) From time to time we may request you to confirm for us the location of the Equipment. If we do so request you must respond to us promptly in good faith. You agree to notify us immediately of any loss or damage to any part of the Equipment.
2(d) Subject to this Agreement, you may use your own Customer-Provided Apparatus in conjunction with the Equipment but we do not warrant that the Equipment is compatible with or will work with Customer-Provided apparatus. We will not be liable in any way for any loss or damage which is caused to your Own-Provided Apparatus or any data stored thereon arising as a result of its use in conjunction with our Equipment.
2(e) As the provider of this equipment and under our obligations under Directive 2002/96/EC on waste electrical and electronic equipment and any amendments thereto (the WEEE Directive”); we draw your attention to the requirement not to dispose of waste electrical and electronic equipment as unsorted municipal waste and to have such waste electrical and electronic equipment collected separately. You have a role in contributing to reuse, recycling and other forms of recovery of electric and electronic equipment.
2(f) We may add to or substitute the Equipment as necessary to provide the Services or for other valid reasons. You agree not to do or allow anything to be done at your Address that may cause damage to or interfere with the Equipment or prevent easy access to it or recovery of it.
2(g) From the time we deliver the Equipment to you until you return the Equipment to us (if applicable) you must take reasonable care of it. You must not and must not allow anyone else (other than our representatives) to add to, interfere or modify the Equipment in any way and the splitting of lines and or cable by you is strictly not allowed. As well as any other rights we may have, such action may result in our suspending the Services, terminating the Agreement and/or our retaining the whole or a part of any deposit.
2(h) On termination of this Agreement, or on cancellation of any Services or Packages requiring Equipment, you shall within fourteen (14) days of the date of termination or cancellation, unless otherwise agreed with us, arrange for us to collect at your site at no cost to you or return to us in our offices at your own expense, the Equipment. If you fail to do so, we reserve the right to continue to charge you for the Services until the Equipment is returned or to charge you an unrecoverable equipment charge. You will be invoiced for the costs of repair or loss or damage to the Equipment under this Condition.
2(i) You shall not be responsible for any loss or damage to the Equipment to the extent that it is caused by us or our employees or is due to a manufacturing or design fault; or is due to fair wear and tear. You agree that you shall be responsible for any loss or damage to the Equipment due to any other cause, regardless of how it happens. Wilful destruction or abuse of the Equipment by you will result in reasonable additional fees being made.
2(j) If you have not bought the equipment out right from us, you are responsible for ensuring that the Equipment is at all times kept safe and properly used and in this regard you agree: (i) While the Equipment is not in use, electricity supplied to it is not turned off and that it remains in the standby/rest mode (ii) That you shall not dispose of or deal with any of the Equipment in any way by, for example, trying to sell it or hire it to anyone else, or by putting it up as security for a loan, mortgage or charge, or allow any of the Equipment to be seized under any legal process. You shall not move the Equipment to another location without our prior written consent; (iii) that you shall not remove, tamper with or obliterate any words or labels on the Equipment; and (IV) that you shall take proper care at all times to prevent the loss or theft of the Equipment.

3. ACCESS AND INSTALLATION
3(a) Our obligation to provide the Services and Equipment depends on our obtaining the necessary licenses, wayleaves, consents, or other permissions to enable us to provide you with the Services. We shall have no liability whatsoever to provide you with the Services and Equipment if they cannot be obtained. Any suggested date of connection is not binding upon us and we give no undertaking whatsoever that we will connect the Equipment or Services on, or by, a certain date, and we will not be liable to you for any delay in connecting the Equipment or Services.
Standard Install is defined as one where:
• A Universal Wall Mount is deemed suitable to guarantee line of sight to satellite
• The mount can be located on an external wall of the main premises
• The ODU (Outdoor Unit) and a single point of connection to an IDU (Indoor Unit) can be connected using 2 continuous cables each not exceeding 25 meters in length.
3(b) You shall be responsible for obtaining all consents, local authority approvals, licences, permissions, planning permissions and any other form of approval necessary for the installation, maintenance and removal of the Equipment on your land, building and premises (“your land”) and shall indemnify and keep indemnified Pink Connect on demand against all liability, damages, claims, costs and expenses (including without limitation all legal expenses) Pink Connect may suffer, incur or pay arising from your failure to do so.
3(c) In order to perform our obligations under this Agreement and in consideration of the Services provided to you, you hereby grant us such licence in respect of your land, as is necessary for us (including our employees and authorised representatives) to provide the Services to you and our other consumers, including but not limited to, from time to time, upon giving you reasonable notice (save in any emergency) to enter those parts of your land to install, maintain, adjust, repair, replace, renew, upgrade, inspect or remove, and to keep installed and to operate at or on your land, Equipment and/or telecommunications apparatus. You will at your own expense provide or procure whatever further rights over your land we require from any landlord and/or successor in title and/or any other person with an interest in your land whose consent is legally required to enable us to exercise the rights over land granted pursuant to this paragraph and you will enter into any necessary additional documentation to give effect to the grant of such rights. Each party shall at all times comply with all reasonable instructions of the other party or any third party in relation to the exercise of any rights over your land obtained in accordance with this paragraph.
3(d) Your failure to comply with the above paragraph or any other term of this Agreement may result in withdrawal of the Services and termination of this Agreement, and if this happens we will be entitled to continue to enter upon your land to enable us to provide the Services to neighbouring consumers and/or remove all or part of our Equipment.
3(e) You will indemnify and keep indemnified Pink Connect on demand for all installation costs and expenses (including without limitation all legal expenses) Pink Connect may suffer, incur or pay in connecting you up to the Network and for all costs and expenses incurred by us for removal of any Equipment and/or telecommunications apparatus from your land and against liability for for any damage to your property or any third party claim as a result of the installation, maintenance and de-installation of any Equipment or any telecommunications apparatus from your land. You will indemnify and keep indemnified Pink Connect on demand for all third party claims, in the event that you or any person or a successor in title with an interest in your lands insists that we remove any or all Equipment and/or telecommunications apparatus from your lands.
3(f) We will make every effort to site the Equipment in a location of your choice and will endeavour to comply with any reasonable requests you may have regarding the positioning of equipment. However in some instances this may not be possible, for technical and other reasons, and if this is the case then we will indicate to you what alternative arrangements (if any) we can make. If, for any reason, you do not accept our alternative proposal/s, this Agreement shall terminate(see section 1a). Provided that where cabling relates only to the provision of certain Services, this Agreement may, at our option, terminate in relation to those Services only
3(g) You agree to provide at your own cost, appropriate facilities, including secure electrical supply and other installations and fittings, for the Equipment and you will comply with our reasonable requests and directions in this regard. You agree that you or a person authorized by you (who is over 18 years of age) will be present at your premises during that part of the connection process that takes there. You may need to prepare your premises in accordance with our reasonable instructions before the Equipment can be installed and Services can be provided to you. You have responsibility for obtaining any rights and permissions necessary in order for us to connect and maintain the Equipment.
3(h) Once the engineer has completed installation of the satellite dish and other required equipment the customer must sign off they are happy with the installation and that it is installed securely on their premises.
3(i) By signing off that you are happy with installation you are assuming responsibility and liability for but not limited to; loss, damage, personal injury or death to yourself or a third party.

You indicate acceptance of these terms and conditions of service by placing an order with Pink Connect. These terms and conditions will not be varied for individual customers.

1 DEFINITIONS

1.1 In this Agreement the following words and expressions shall have the following meanings:

1.1.1 “downtime” means any service interruption in the availability to visitors of the Website;

1.1.2 “intellectual property rights” means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;

1.1.3 “Pink Connect” means Pink Connect Ltd

1.1.4 “IP address” stands for internet protocol address which is the numeric address for the server;

1.1.5 “ISP” stands for internet service provider;

1.1.6 “server” means the computer server equipment operated by Pink Connect in connection with the provision of the Services;

1.1.7 “the Services” means web hosting, domain name registration, email and any other services or facilities provided by Pink Connect.

1.1.8 “spam” means sending unsolicited and/or bulk emails;

1.1.9 “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;

1.1.10 “visitor” means a third party who has accessed the Website;

1.2 Product specifications and details may be found at www.PinkConnect.com

1.3 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

1.4 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

2 INTRODUCTION

2.1 The Customer wishes to provide Pink Connect with data that will be hosted on Pink Connect servers and made accessible via the Internet.

2.2 Pink Connect provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.

3 DUTIES

3.1 Pink Connect shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

3.2 The Customer shall deliver to Pink Connect the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Pink Connect (“the Customer Software), in a format specified by Pink Connect.

4 CHARGES, PAYMENT AND MONEY-BACK GUARANTEE

4.1 Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro) and direct debits

4.2 Pink Connect do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in 4.1

4.3 The Charges are exclusive of VAT, which if payable shall be paid by the Customer.

4.4 Pink Connect shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

4.5 Pink Connect do not provide credit facilities.

4.6 From time to time Pink Connect may make enquiries on the Customers Company, proprietor or directors of the Customers Company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.

4.7 Pink Connect provides “Money-Back Guarantees” on certain products. Should your product qualify for this guarantee please raise a support ticket at www.Pink Connect.co.uk within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.

4.8 Pro-rata refunds will not be issued for yearly services that are cancelled before the end of the year.

4.9 Should your chosen payment method fail Pink Connect will attempt to settle your invoice using any other payment facilities available on your account.

4.10 All services will renew until cancelled by the customer. Pink Connect emails the customers primary email address prior to renewal of services, it is the customers’ responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service. The cancellation process must be fully completed by you before your account is cancelled.

5 IP ADDRESSES

5.1 Pink Connect shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

5.2 Where Pink Connect changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.

6 SOFTWARE LICENCE AND RIGHTS

6.1 If the Customer requires use of software owned by or licensed to Pink Connect (“Pink Connect software”) in order to use the Services, Pink Connect grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Pink Connect Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Pink Connect Software.

6.2 In relation to Pink Connect obligations under this Agreement in connection with the provision of the Services, the Customer grants to Pink Connect a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website (“the Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Pink Connect any right, title, interest or intellectual property rights in the Customer Software or the Content.

6.3 The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Pink Connect Software.

6.4 Pink Connect may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including backup copies of the Content. Upon termination or expiration of this Agreement, Pink Connect shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.

7 SERVICE LEVELS AND DATA BACKUP

7.1 Pink Connect shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Pink Connect makes no warranties or representations that the Service will be uninterrupted or error-free and Pink Connect shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2 Pink Connect carries out data backups for use by Pink Connect in the event of systems failure. Pink Connect do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Pink Connect accepts no responsibility for data loss or corruption.

8 ACCEPTABLE USE POLICY

8.1 The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

8.1.1 use the Services or the website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;

8.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;

8.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;

8.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;

8.1.5 engage in illegal or unlawful activities through the Services or via the Website;

8.1.6 make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or

8.1.7 obtain or attempt to obtain access, through whatever means, to areas of Pink Connect network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.

8.1.8 operate or attempt to operate IRC bots or other permanent server processes.

8.2 The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Pink Connect is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

8.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1 Pink Connect shall be entitled to withdraw the Services and terminate the Customer’s account without notice.

9 ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Pink Connect and the password will be changed.

10 WARRANTIES

10.1 The Customer warrants and represents to Pink Connect that Pink Connect use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Pink Connect as set out in Clause 6.2.

10.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Pink Connect shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

11 INDEMNITY

The Customer agrees to indemnify and hold Pink Connect and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Pink Connect arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

12 LIMITATION OF LIABILITY

12.1 Nothing in these terms and conditions shall exclude or limit Pink Connect’s liability for death or personal injury resulting from Pink Connect negligence or that of its employees, agents or sub-contractors.

12.2 The entire liability of Pink Connect to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

12.3 In no event shall Pink Connect be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Pink Connect had been made aware of the possibility of the Customer incurring such a loss.

13 TERM AND TERMINATION

13.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

13.2 Pink Connect shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

13.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

13.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or

13.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

13.3.4 the other party ceases to carry on its business or substantially the whole of its business; or

13.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

13.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

13.5 On termination all data held in the customer’s account will be deleted.

14 ASSIGNMENT

14.1 Pink Connect may assign or otherwise transfer this Agreement at any time.

14.2 The Customer may not assign or otherwise transfer this Agreement or any part of it without Pink Connect prior written consent.

15 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

16 SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17 NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

18 ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

19 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

20 DOMAIN NAME REGISTRATION

20.1 Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Pink Connect will provide a full refund for that domain name.

20.2 Please return to the main terms and conditions area of this website to view terms and conditions for individual domain name registrars.

21 SCRIPTING

Pink Connect are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

22 PRIVACY

To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

23 DATA TRANSFER

23.1 Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.

23.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

24 SERVER USAGE

Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.

25 AFFILIATE PROGRAMME

Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.

26 EMAIL NEWSLETTER

Pink Connect communicates with its customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

27 WEBSPACE USAGE

Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good housekeeping when maintaining their account.

28 MAIL BOXES

Mail boxes not accessed for 100 days or more will be deleted from the system.

General Data Protection Regulation 2016 (GDPR) and Data Protection Act 2018 (DPA 2018)

Pink Connect IP pro Hosted Telephony Platform:  Statement on Data Protection

Purpose of document

1. This document sets out the principle policy and procedure of Pink Connect Ltd on the use and safeguarding of personal data in line with the GDPR and DPA 2018 – the Data Protection Legislation.
2. As the Pink Connect IP pro telephony platform is used primarily by Pink Connect and their end-user customers, this document also describes the personal data that can be processed by others via the platform. This is to assist end-user customers in carrying out their own assessments under the General Data Protection Regulation.

Background

Pink Connect provides hosted business telephony as a service via its IP pro telephony platform.

The Pink IP telephony platform enables business end-users to make and receive telephone calls, receive voicemail messages and faxes, and to record telephone calls. End-user clients can also use the platform to store individuals’ contact details in the form of internal and external contact directories.

The service is delivered to business end-user clients. Pink Connect and its supplying Partners are responsible for the operation of the telephony platform; Pink Connect are responsible for the installation and day-to-day management of the service in respect of their business end-user customers.

Pink Connect: General Policy and Procedure on Data Protection

Principles of policy

Pink Connect processes personal data in accordance with its Privacy Notice: In the event of any conflict between the privacy notice and this statement, the Pink Connect privacy notice shall prevail.

Pink Connect processes personal data under Article 6(1)(b) of the General Data Protection Regulation 2016: “Processing is necessary for the performance of a contract with the data subject.”

Pink Connect processes personal information for the purpose of delivering the Pink IP pro telephony platform. A minimum of information is collected, which relates solely to the operation of the platform.

For each customer, Pink Connect processes the following information: company name, contact name, telephone number, email address and order history.

Contact information is also held separately on local servers for invoicing purposes, and on an on-line mailing list to receive notice of works / updates to the hosted telephony platform. Customers can subscribe to the notice of works emails and may unsubscribe from emails at any time.

The Pink Connect IP pro telephony platform automatically logs the IP addresses associated with end-user telephone subscriptions. This data is anonymous and is used by Pink Connect in the billing process. Pink Connect does not routinely access or process personal data relating to end-users other than in exceptional circumstances, which may include, for example, the resolution of a technical problem, investigations into fraud, or where legally required to do so.

Pink Connect neither collects nor processes sensitive personal data. Personal data processed by Pink Connect is not shared with any third party.

Access to personal data

Each user is allocated a username and password for their individual area of the portal, where they can view, correct and update their personal information at any time.

Customers who require formal confirmation of their personal data held by Pink Connect may apply in writing to Pink Connect, Connect House Mill Street Shipston on Stour Warwickshire CV36 4AW or by email to billing@pinkconnect.com. Pink Connect will respond in writing within 10 working days.

Retention and disposal

Closed reseller accounts on the Pink Connect telephony platform are marked as deleted and all personal data is removed from contact and mailing lists as closures occur.

Security

Personal data is secured through the measures taken to secure the Pink Connect telephony platform. This is described in more detail later in this document. In addition, data held on local servers is backed up nightly. In line with good practice, Pink Connect IP pro devices are protected by passwords, firewalls and virus-checking. Operating systems and security software are set to receive automatic updates. Old devices are deep cleaned before disposal and all data destroyed.

Privacy Impact Assessments

Pink Connect will adopt the Privacy Impact Assessment Code of Practice for any significant developments in the Pink Connect IP pro hosted telephony platform.

Key Personnel

Data Protection Lead:                                    James Pink, Director of Development
Privacy Impact Assessment Lead:             Mark Bryan, Operations Manager

Processing personal data on the Pink Connect IP pro telephony platform

Data Subjects

Data subjects in respect of the Pink Connect telephony platform fall into two groups: business end-users, and third parties – people who contact business end-users via the telephony platform.

Business End-users

Business end-users are the corporate business clients, who use the Pink Connect IP pro telephony platform.

For each corporate client, Pink Connect process the following contact information via the telephony platform: company name, address, administrator contact name, telephone number, email address, username and password.

For each business client end-user, the business client may process the following information via the telephony platform: contact name, telephone number(s), email address, installation location, username and password.

Business clients can also process the following data: call history (telephone numbers / names called and received); voicemails and faxes received; calls recorded.

Third-party personal data

The Pink Connect IP pro hosted telephony platform allows business end-users to collect and process contact information for third parties. The personal information that can be processed is restricted to contact information, including name, telephone numbers, email and physical addresses.

Sensitive Personal Data

Pink Connect neither collects nor processes sensitive personal data. However, business end-user clients of the Pink Connect IP pro telephony platform may include, for example, health centres, legal or financial institutions, and not-for-profit organisations, which may process sensitive personal data in the form of voicemail messages, fax messages or other recorded calls via the Pink Connect IP pro telephony platform. The management of that information remains the responsibility of the business end-user in line with their own Data Protection policies and procedures.

Access to personal data

Each end-user is allocated a username and password, which enables them to access their personal user area on the telephony portal where they can view, correct and update their personal information.

End-users who require formal confirmation of their personal data held on the Pink Connect IP pro telephony platform should apply in the first instance to their system administrator or in line with their company’s Data Protection and HR policies and procedures. Similarly, access to third party personal data is via the appropriate business client.

Retention and disposal

Business end-users are responsible for managing any personal data they process via the Pink Connect IP pro telephony platform. This includes removing any personal data that is no longer required. Voicemails, faxes and recorded calls that need to be retained can be downloaded and stored on local servers.

As an operational and security measure, the Pink Connect IP pro telephony platform automatically deletes call histories older than 90 days; and voicemails, faxes and recorded calls older than six months.

Security

Platform security

Monitoring systems for the Pink Connect IP pro telephony platform are automated. The platform is constantly monitored with, typically, around 250 metrics checked every five minutes. Checks include the availability of servers, temperature, power supplies, memory and disk errors, IP connectivity etc. Any abnormalities are flagged immediately via SMS and email and are promptly actioned by support staff. In addition, many characteristics of the system are graphed on a continuous basis to help spot any abnormal behaviour.

The Pink Connect IP pro telephony platform is hosted at two data centres: Vodafone Uxbridge and Cogent Docklands with a private dedicated network between the two sites.

Physical security at Vodafone is secure to government List X and fully audited to ISO 27001 and incorporates facial recognition. Cogent security also includes internet authentication, three combination codes on three doors and a swipe card to gain access to our servers.

Our main firewalls at each site are a pair of Cisco ASA devices; in addition, servers have their own local firewall rules.  Our servers are not pingable and where possible we use non-standard IP ports. All data is held on raid disks. Our database constantly replicates to a hot backup server. Data such as voicemails are replicated to a hot backup server every hour.

Software updates are performed automatically across the platform network.

Security features for end-users

The following security features are built into the Pink Connect IP pro telephony platform to assist end-users:

• Each user has personal space on the Pink Connect IP pro user portal, where that user’s contact directories, voicemail messages and received faxes are stored. This space is protected by a username and password, which are required to log on to the portal.
• Users can change their password whenever necessary. The portal shows the user when their password was last changed. Similarly, business administrators can issue new passwords to any user at any time.
• Business administrators can set security restrictions for their network. These can be applied to individual users or their whole network and include an option to restrict access to the user portal.
• Each user is issued with a Service PIN, which is required whenever the user wishes to access their voicemail messages or redirect their office phone when accessing those features from a phone that is not their office phone.
• A company’s recorded calls can be accessed only by the end-user business administrator.
• All recorded calls, voicemails and received faxes are automatically deleted from the platform after six months.
• All call histories are automatically deleted from the platform after 90 days.

August 2019

Summary of the use of personal data routinely processed via the Pink Connect IP pro hosted telephony platform

 

	Processed by
Personal Data	Pink Connect Ltd	Business End-users
Business contact information.
Reseller and End-user IP addresses.
End-user business contact information.
End-user contact information.
End-user call history.
Third party contact information.
Third party voicemail messages.
Third party fax messages.
Recorded calls.

1: Definitions

The following words and expressions shall have the following meanings:
Accessories: Product approved by Pink Connect which you use in connection with your device. They include (without limitation) batteries, chargers, car kits, headsets and carry cases.
Account: our records of your payments and outstanding Charges, plus your personal details
Age Restricted Services: any Services which are specified for use only by customers over a specific age.
Bar: a block placed by us on some or all the Services you normally use (except for calls to emergency services). It may include us restricting the Service whereby you will automatically be re-directed into Pink Connect when you attempt to make an outgoing call from your Device
Billing Date: the day on which your billing statement will be issued after you have been connected
Charges: all charges for services as published in our periodically updated Price List. These include any reasonable administration charges.
Connection: the process of giving you access to a Service “Disconnection” and “re-connection” have a corresponding meaning.
Content: information communications, images and sounds, software or any other material contained on or available through the Services.
Contract: these terms and conditions which are binding on both you and Pink Connect for each Device you connect to the Pink Connect network.
Customer Communication: information made available to you by Pink Connect which provides information on Pink Connect Services, It may be made available on your Device or provided electronically or distributed with new Devices or in mailings to some or all Pink Connect customers.
Deposit: refundable amount that Pink Connect may ask you to pay before we connect or re-connect you to the Network or before providing any Service.
Device: a mobile telephone, device or data card (excluding Accessories) which is approved by Pink Connect for connection to its Network.
Line One and Line Two: One is the primary means by which you have access to the Services, Line Two is a second line on the same Device with its own phone number.
Minimum Term: the minimum period for the supply of Service as specified in your Service Plan commencing on the date of Registration, where no period is specified in the Service Plan a minimum period of 24 months from the date of Registration will apply.
Network: the electronic communications system by which Pink Connect makes Services available in the UK
Pink Connect Additional Services: option Services (including by not limited Roaming, International Calling, Premium Rate Services and content provided by Pink Connect) which may cost extra whether they are supplied in conjunction with Service Plans or outside Service Plans.
Pink Connect: Pink Connect Limited is referred to in this Contract from time to time as “we” “us” or “our”.
Price List: a list of our current Charges which is updated from time to time and is available from us upon request.
Registration: our acceptance of your application for Services and our record of your data and any User data prior to Connection. “Register” has a corresponding meaning.
Roaming: An option Service which allows you to use your Device on other operators’ networks, usually in foreign countries.
Services: Network and other Services, including Pink Connect Additional Services, provided or procured by us for you to use.
Service Plan: a number of products which shall include but not be limited to bundles of airtimes, text, and/or Pink Connect Additional Services and/or additional discounts offered by Pink Connect for an agreed monthly or other periodic payment.
SIM: a card of other device which for the avoidance of doubt include a USIM which contains your personal telephone number and which is programmed to allow you to access the Network.
Suspension: the temporary disconnection of Services. “Suspend” has a corresponding meaning.
User: you or another person named by you, who is authorised to incur Charges to your Account.

2: Your Contract and the Minimum Term Your Contract runs for at least the Minimum Term

2.1 for each Device you own, your Contract starts on the date of Registration and will continue for the Minimum Term and thereafter you have limited rights to terminate your Contract during the Minimum Term as described in section 4.

What happens when the minimum term ends?

2.2 After the minimum Term ends, we will continue to supply you with Services as normal until your Contract is terminated in any of the ways described in Section 4.

3: Provision of Services What we aim to provide in the UK

3.1 We will take all reasonable steps to make the Services available to you at all times. The Services are only available within the range of the base stations what make up our Network. We cannot guarantee a continuous fault free service. Please note that:

3.1.1 The quality and availability of Services may sometimes be affected by factors outside our control – such as local physical obstructions, atmospheric conditions, other causes of radio interference, features of functionality of your Device, the number of peoples trying to use the network at the same time, and faults in other telecommunication networks to which the Network is connected.

3.1.2 The quality of our Services may not be at its best inside buildings or below ground

3.2 When you move outside the Pink Connect enhanced service area this may result in:

3.2.1 The call being terminated if you on a video call

3.2.2 The speeds at which data is downloaded being affected.

3.3 Any coverage maps are our best estimate but not a guarantee of service coverage which may vary from place to place

3.4 The Network and the Services may from time to time require upgrading, modification, maintenance or other work. These may result in some or all of the Services becoming temporarily unavailable. In such cases, we’ll do everything we can to keep the period of non-availability to a minimum. However, some interruption may be inevitable.

Suspension of Services

3.5 We may suspend some or all of the Services you use without giving you notice if:

3.5.1 We have good reason to believe you haven’t compiled with one of more of the terms of your Contract.

3.5.2 You don’t pay your bill within the time stipulated in Condition 6.2 we reserve the right to place a Bar on some of all of the Services from your Device (with the exception of calls to the emergency services). This Bar will remain in force until you’ve paid everything you owe us. At our discretion, we may charge you for Reconnection and removal of the Bar.

3.5.3 We also reserve the right to Suspend Services if a complaint has been made against you. The complaint will be thoroughly investigated, and Services will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated.

3.5.4 We have good reason to believe that your mobile phone number is being used for fraudulent or improper purposes

3.5.5 We suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorised or contains false particulars

3.5.6 You notify us that your Device has been lost or stolen.

3.5.7 We are required by the emergency serves of other government authorities to suspend your Services

3.6 You will remain liable for all monthly or other periodic Charges during any period of Suspension

Suspension of Pink Connect Additional Services

3.7 We reserve the right to change, suspend or withdraw part or all of any Pink Connect Additional Service on giving reasonable notice.

Monitoring the Services you use

3.8 For the purpose of good management and security and to make sure we follow your instructions correctly and to improve our service to you through training of our staff, or to monitor instances of unsolicited messages we may monitor or record communications. Where we have good reason to believe such communication is unsolicited you agree we may but are no obliged to block such communication.

Roaming Services outside the UK

3.9 Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We cannot therefore offer any guarantee about Roaming Services.

3.10 If you use Services from a country outside the UK your use of the Services may be subject to different laws and regulations that apply in that other country. Pink Connect is not liable for your failure to comply with those laws or regulations.

Storage and transmission of information on our Network

3.11 We may establish limits convening the use of the Services for example the maximum size of an email message that may be sent or received, the maximum capacity allocated to you for storage for Content on the Network which you access via the Services.

3.12 You agree that Pink Connect has no responsibility for the deletion, corruption or failure to store any Content maintained or transmitted by the Network.

3.13 Whilst Pink Connect has no responsibility to monitor the use of Services if you exceed the use limits we reserve the right to refuse to store or send content on your behalf.

Access to the Services and Content

3.14 Under no circumstances will Pink Connect or any of the other parties involved in the provision of Pink Connect Content, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in Content or the provision of Content. Pink Connect agrees to rectify any such problems in the Content which are notified to Pink Connect as soon as Pink Connect reasonably can. If you do notice a fault or error in the Content, please notify the fault to Pink Connect.

3.15 Pink Connect accepts no liability for the loss, late receipt or non-readability of any download, transmission, or other communications. The Content, which is obtained from a large range of sources, is supplied to You on an “as is” basis and Pink Connect does not warrant that the Content is of satisfactory quality, fit for a particular purpose, suitable reliable, accurate, complete, secure or is free from error.

Access to the third party services and the internet

3.16 We have no control over the value or quality of goods, services or Content offered by third parties on or through the Services. As a result we cannot be responsible or liable in any way for and do not endorse, any of these goods, services or Content.

3.17 The Services may be used by you to access websites and networks worldwide. Pink Connect accept no responsibility for the Content or services in respect of these and you agree to conform to the instructions issued by those websites and networks relating to you use of those services.

3.18 If you use your Device to access the internet or third party services as it may not be a secure environment, unwanted programs or material or viruses may be downloaded to your Devices without your knowledge which may give unauthorised access tom, or damage your Device and the information stored on it. Pink Connect is not liable or responsible in any way for such unauthorised access, damage to or loss of information on your Device.

Age Restricted Services

3.19 You are not permitted to access our Age Restricted Services (if any) if you are blow the age specified to access the Services. If you allowed to access the Age Restricted Services by virtue of the fact you are the specified age or older you must not show or send Content from the Age Restricted Services to anyone blow the specified age. If you let anyone under the specified age use your Device you must ensure you deactivate access to the Age Restricted Services

Credit Limits

3.20 We may set monthly credit limits for Charges. We may (but do not have to) suspend some or all our Services if you go over a credit limit. You should not use a credit limit for budgeting because the amount you owe is not capped or limited by any credit limit we set.

4: Your rights to terminate this contract

Terminating your Contract after the Minimum Term

4.1 You may terminate your Contract to expire at any time after the Minimum Term by giving us at least one month’s notice. You are free to restore you Contract throughout this notice period, should you change your mind.

Terminating you Contract during the Minimum Term

4.2 You may terminate your Contract before the Minimum Term has expired if you pay us:

4.2.1 All Charges that are due, plus

4.2.2 a lump sum equivalent to the total of all the monthly or other periodic Charges still remaining on your initial Minimum Term agreement (except in the circumstances set out in Condition 4.3 and 15.1)

Terminating your contract because Pink Connect has changed its terms

4.3 You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes). However this option does not apply if:

4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or

4.3.2 The variations we have made have been imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence; or

4.3.4 The variation relates solely to an Pink Connect Additional Service, in which case you may cancel that Pink Connect Additional Service in accordance with Condition 15.1

Terminating your contract because Pink Connect is no longer able to provide access to the Network

4.4 If, for reasons beyond our control, we are no longer able to provide Network Services, we will at our discretion either:

4.4.1 Make arrangements for you to be supplied with equivalent Services by another network at no extra cost to you, or

4.4.2 Accept written notice from you that you wish to terminate you Contract. In such cases we will refund any pre-paid Charges that have not been used up.

Termination of your Contract by Pink Connect

4.5 We may terminate your Contract immediately at any time in respect of any or all the Devices owned by you, in whole or in part, by giving you written notice if:

4.5.1 You fail to pass any credit assessments which we may reasonably consider to be necessary from time to time

4.5.2 You fail to pay any of your bills from Pink Connect on time

4.5.3 We have good reason for believe that any information you have given us is false or misleading

4.5.4 you become insolvent within the meaning of Section 123 of the Insolvency Act 1986, or bankrupt, or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets or if we have good reason for believing that you are unable to pay the Charges

4.5.5 In addition, we may terminate you Contract at any time after the Minimum Term has expired by giving you at least one month’s written notice.

Termination of your contract by Pink Connect without written notice

4.6 We reserve the right to terminate your contract immediately at any time in respect of any or all of the Devices owned by you, in whole or in part without notice to you if

4.6.1 we have good reason for believing that you have breached Conditions 6.4.2, 6.4.3, 6.4.4or 6.4.5, 6.4.8, 6.4.9, 6.4.10, 6.4.11 or

4.6.2 You haven’t complied with one or more of the terms of your Contract and do not correct the breach within 7 days of being asked by us in writing to do so.

Termination and Line two

4.7 Termination of your Contract for any reason connected with Line One will results in automatic termination of Line Two.

5: Effect of Termination of the Agreement

5.1 When this Agreement is terminated your Device will be disconnected and you will no longer be able to use the Services.

What to do after Termination of your Contract

5.2 Termination of your Contract is subject to your paying any money you owe us and us paying you any money we owe you. After termination, it is your responsibility to cancel any direct debits, standing orders, credit card mandates or other authorisations you may have given for periodic payments to be made to us by third parties.

6: Your Responsibilities

When you payments are due

6.1 Ordinarily we will invoice you monthly in advance for monthly charges which are non-refundable and monthly in arrears for call and message charges but we reserve the right to amend the invoicing period and submit interim invoices to you. The Connection charge will be included on your first invoice. Charges in respect of Services not supplied directly by us e.g. Roaming may be invoiced several months in arrears. VAT will be added to all invoices at the relevant rate where applicable. Payment is due when you receive your invoice.

6.1.1 You will be responsible for paying all Charges on your Account, whether or not they have been accrued by you personally. You will also be responsible for any extraordinary costs incurred in administering you Account, including collecting any payments. If your Service has been disconnected either at your request or ours, you will remain responsible for paying any outstanding charges.

6.1.2 You must make your payment by Direct Debit. We will collect payment on or just after 10 working days from the date of invoice. However we may also submit an interim bill or require an immediate payment if we think you have exceeded a reasonable limit on your Account.

Penalties for overdue payments.

6.2 If payment is not made within 14 days of its due date, we may charge interest on all sums outstanding at the rate of 2% above the base rate of National Westminster Bank. This interest will be charged on a per annum basis calculated daily.

Payment methods

6.3 Ordinarily we will only accept payment of Charges by Direct Debit however if the Direct Debit payment has failed we will collect payment via credit card, debit card, cheque, or electronic transfer, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured.

6.3.1 We reserve the right to charge an administration fee each month for payments not made by direct debit

6.3.2 We may arrange for invoices to be issued by a third party on our behalf. Invoices issued by such third party shall be binding on you and payment of such invoices in full to the third party will be a valid discharge of you liability to pat such invoices under this Agreement.

Things that you agree to do

6.4 Recognising that good management and security of the Services is important to all Pink Connect customers, you agree that you will:

6.4.1 Provide whatever proofs of your identity and address that we consider reasonably necessary from time to time. Whilst photocopy or fax copies are usually acceptable we do reserve the right to request the original document.

6.4.2 Keep confidential, and not disclose to any third party, your account password or any personal identification code, number or name issued by us permitting access to the Services.

6.4.3 Not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing any data which is of an offensive, abusive, indecent obscene or menacing nature

6.4.4 Not cause, nor knowingly allow others to cause, any nuisance, annoyance of inconvenience, whether to us or to any of our customers, by any means including the use of the Network for persistently sending unsolicited communications without reasonable cause

6.4.5 Not act in a way, whether knowingly or otherwise, which will impair the operation of the Network or any part of it, or put it in jeopardy

6.4.6 Use only Devices and Accessories approved for use with the Network and comply with all relevant legislation or regulation relating to their use.

6.4.7 Comply with any reasonable instructions issued by us which concern your use of the Services, and co-operate with us in our reasonable security and other checks (which may include us making phone calls to you)

6.4.8 Not send or upload anything that is copyright protected (unless you have permission) or which In any way breaches the intellectual property rights of any third party.

6.4.9 Not copy, modify, store, forward, publish or distribute the Services or their Content without our express permission

6.4.10 only use Content for your own personal use and not for any commercial purposes or distribute it commercially

6.4.11 not to re-sell, re-supply or otherwise distribute the Services or Devices without the prior written agreement of Pink Connect

6.4.12 not to circumvent the Age Restricted Service mechanisms.

7: Multiple users

7.1 Where there are one or more Users other than you under your Contract, you remain responsible: –

7.1.1 For ensuring the Services are used in accordance with this Contract and

7.1.2 For all Charges incurred to your Account by those Users

8 Line Two – limitations on usage

Suspension of Services

8.1 If we Suspend Services on Line One, Services on Line Two and subsequent lines will automatically be Suspended also.

Electronic Messages

8.2 It is not possible to send electronic messages on Line Two this shall included by not be limited to, text, video and multi-media messages.

Service Plan

8.3 You may not have a higher Service Plan on Line Two than you have on Line One.

9: information supplied by you

The details you give us must be correct

9.1 By applying for Registration or for Pink Connect Additional Services, you undertake to provide your correct name, address and other factual information. You also confirm that:

9.1.1 The person stated to be authorised to sign for a company or firm is duly authorised

9.1.2 Any individual applying as a member of a company is of full contractual capacity and is able bother to pay of the Services he or she has requested to meet his or her other obligations under your Contract.

9.1.3 You must also tell us if your details change.

What happens if we suspect the details you give us aren’t correct?

9.2 If we suspect, on reasonable grounds, that information has been supplied to us without the knowledge of the person named, or that an application is unauthorised or contain false particulars, we may delay connection or Suspend Services to your Devices whilst we investigate further. Following our investigation, we will Connect or reinstate the Services unless we have grounds to terminate. You acknowledge that you will have no claim against us in respect of any delay or Disconnection caused as a result of the operation of this Condition.

10: Credit Assessments

Your application is subject to credit status

10.1 All applications for Registration and Pink Connect Additional Serves are subject to credit assessment before we can connect you to the Network. In considering your application, we will search the following records about you and others (see 10.2 below):

10.1.1 Our own: and

10.1.2 Those of licensed credit reference agencies (CRAs). When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other people searching your credit file. The CRAs supply to us both public (including the electoral register) and shared credit and fraud prevention information; and

10.1.3 Those at fraud prevention agencies (FPAs)

10.2 We will use credit scoring and or other automated decision making systems when assessing your application. If our assessment of your does not meet our normal requirements we reserve the right to decline to Connect you or to supply Pink Connect Additional Services or to decide an appropriate credit limit on your Account. Alternatively, we may you to lodge a Deposit with us before we Connect you. If you believe our assessment of you is incorrect, we will review you eligibility. However, we cannot accept responsibility for the accuracy of information provided by CRAs. Nor can we accept any liability for the consequences of our declining to connect you.

10.2.1 We will also check your details with FPAs for the purposes of verifying identities to prevent and detect crime and money laundering. We may also make periodic searches at CRAs and FPAs to manage your account with us.

10.3 If you are a making a joint application or tell us that you have a spouse or financial associate, we will link your record together so you must be sure that you have their agreement to disclose information about them. CRSAs also link your records together and these links will remain on you and their files until such time as you or your partner successfully files for disassociation with the CRAs to break the link.

10.4 Information on your application will be sent to CRAs and will be recorded by them. We may also disclose details of how you conduct your Account to such agencies. If you do not pay any balance on your Account when due CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs to perform similar checks and to trace your whereabouts and recover debts that you owe. Records remain on file for 6 years after they are closed, whether settled by you or defaulted.

10.5 If you give us false or inaccurate information and we suspect or identify fraud we will record this and may also pass this information to FPAs. Law enforcement agencies may access and use this information.

10.6 We and other organisations may also access and use this information to prevent fraud and money laundering, for example when:

10.6.1 Checking details on applications for credit and credit related or other facilities;

10.6.2 Managing credit and credit related accounts or facilities;

10.6.3 Recovering debt;

10.6.4 Checking details on proposals and claims for all types of insurance;

10.6.5 Checking details of job applicants and employees

10.7 We and other organisations may access and use from other countries the information recorded by FPAs

10.8 If you do not pay any sums due on your Account we will trace your whereabouts and recover debts.

10.9 Your data may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the Data Protection act 1998.

10.10 If you would like to read the full details of how your data may be used, please visit our website at https://www.pinkconnect.com or phone 0345 450 9393 to request a copy of our policy.

11: Deposits

Deposits are held for 12 months

11.1 We may request a Deposit from you

a) Before connection

b) Before making Pink Connect Additional Services available to you or

c) Before reinstating the Services after suspension

d) If you fail to pass any credit assessments which we reasonably consider to be necessary from time to time

11.2 Deposits will be held for 12 months from the date of receipt and then refunded upon request. We do not pay interest on Deposits. If you owe us money, we may set off Deposits against the amount due to us. If there is a balance left over in such cases, we will remit this to you or credit your Account.

12: SIM card

It’s your responsibility to keep your SIM Card safe

12.1 Any SIM card we supply to you remains our property, but it is your responsibility to keep it safe. SIM Cards are easily damaged and should be handled with care. We will replace free of charge any SIM card found to be defective through faulty design or workmanship. In any other circumstances, however, we may charge for replacing it. We reserve the right to recall any SIM Card from you at any time to enhance or maintain the quality of the Services.

What to do if your SIM Card is lost, stolen or damaged

12.2 You must inform us immediately if the SIM Card supplied to you is lost, stolen or damaged. You will remain liable for all Charges incurred until you do so. We will send you a replacement SIM Card as soon as reasonably practicable, but we reserve the right to charge you for doing so.

Your SIM Card and other networks

12.3 The SIM card supplied with your Device enables the Device to work on our Network only with the exception of Devices which can access Roaming Services. However after the Minimum Term we will lift this restriction at your request provided all your payments of Charges are up to date and you pay the current administration charge. The software in the SIM Card and the Device is either owned by or licensed to Pink Connect which grants you a non-exclusive licence to use it for accessing the Services for the duration of your Contract and not otherwise.

13: directory and Caller id

What to do if you want your number to remain private

13.1 We will enter your Pink Connect number in Pink Connect and third party directories, and our Network will allow the display of your Pink Connect number on receiving Devices. If you prefer not to allow either of these options, please let us know in writing. Your mobile phone number and the approximate location of your Device will always be sent if calling the emergency services.

14: Devices

Your device is not a part of your Contract

14.1 Your Device and Accessories are acquired by you outside the terms of your Contract.

15: changes to your Contract

We reserve the right to make changes to your Contract

15.1 When you register you are asked to choose a Service Plan and to indicate which Pink Connect Additional Services you require. You may switch to a higher Service Plan at any time. You may switch once only to the next lowest Service Plan after one half of your Minimum Term has expired, unless otherwise stated. You must read the rules of your chosen Service Plan as they may restrict your right to change service Plans during your Minimum Term. In the event you do switch Service Plan and add to or cancel Pink Connect Additional Services you must give us not less than 10 days notice before your Billing Date (subject to the terms of any promotional offers you have accepted). We do, however, reserve the right to vary the terms of this Contract from time to time and to make changes to your Service Plan. We acknowledge that if we do increase the Charges withdraw Pink Connect Additional Services or introduce new mandatory Charges – or if your contractual rights are affected to your detriment – you may terminate you Contract in accordance with Condition 4.3. If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s).

15.2 In exceptional circumstances a government authority may require the reallocation or change of phone numbers in which case we may have to change you mobile phone number for the Service

New services

15.3 We are continuously enhancing our existing Services as well as adding new services, particularly Pink Connect Additional Services. Charges for, and any special terms and conditions attached to Pink Connect Additional Services will be notified in Customer Communications. The terms of your Contract including Charges current on the date when you take up the offer of any Pink Connect Additional Services, will apply to it, subject to any special promotional offer made by us and accepted by you.

16: Customer Communication

Please read all the information we send you

16.1 We update our Customer Communication from time to time. Information on various topics is mailed to Customers with their monthly billing statements and is available on request from us. You are asked to red you Customer Communications to keep those which are mailed to you until they are superseded. We regard you as having been given any information if it is either:

1) Included in a mailing addressed to you

2) By voicemail, email text or other form of electronic message sent by us to your Device

c) Communicated directly by any means

17: assignment of Contract and change of ownership of Device

Your contract is personal to you

17.1 Your contract is personal to you and you may not assign it. However, we may at our discretion (not to be unreasonably withheld) allow you to:

a) Nominate a User other than yourself while you remain primarily liable to us under your contract

b) Terminate your contract on short notice if you have transferred title to your Device to a new customer who has Connected the Device to our network.

17.2 We may assign our rights to your Contract only if such assignment is on terms which are at least as advantageous to you as those set out in your contract.

18: liability

Circumstances in which neither of us accepts liability

18.1 Except as provided in this Condition 18, neither party shall be liable to the other, whether in contract or tort nor otherwise, for any loss or damage which is:

a) not the fault of the other party

b) indirect and/or not reasonably foreseeable

c) loss of business, profits, savings, revenue, use or goodwill or for any loss or corruption of data whether caused to the other party through any breach of your Contract or any matters arising under it. Neither party exclude liability for negligent acts or omissions causing death or personal injury to any person.

Maximum liability of Pink Connect

18.2 Subject to Condition 18.1, we limit our legal liability up to a maximum of one thousand pounds per claim or a series of related claims for any loss or damage which is:

a) direct financial loss

b) direct physical damage to or loss of property resulting from our breach of contract or negligence whilst providing Services.

Factors beyond our control

18.3 We will not be liable to you if we are unable to perform an obligation or provide the Services to you because of any factor outside of our control, including by but limited to Acts of God, industrial action, default or failure of a third party, war, terrorist act, governmental action, or by any act or decision made by a court of competent jurisdiction.

Your maximum liability

18.4 Subject to Condition 18.1 your liability is limited to payment of all outstanding Charges due in accordance with the provision of your Contract.

19: General

Changes to your contract

19.1 Subject to Condition 15, your Contract may be varied or amended only by the express mutual agreement of both parties. A party seeking to rely on such variation or amendment must produce evidence of the other party’s agreement to it.

Disclosure of information to third parties

19.2 You agree to the disclosure to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:

a) any information relating to your contract, including your personal financial information and details of how you have performed in meeting you obligations under your Contract.

b) any disclosure as may be within our Data Protection Act registration

c) any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.

Your information

19.3 Pink Connect or its Group companies will use your information which you provide to us together with other information for administration, marketing, credit scoring, customer services, tracking your Device and web use preferences and profiling your purchasing preferences. We will disclose your information to your service providers and agents to help us with these purposes. We will keep your information for a reasonable period after your contract with us has finished in case you decide to use our Services again and may contract you about our Services during this time.

19.4 By registering your Device on the Network you consent to us sharing your information with other companies in the Group and companies outside the Group who are our business partners. They or we may contact you by mail, telephone, electronic messaging services, fax or email to let you know about any goods, services or promotions which may be of interest to you. Please call customer services if you do not wish to receive such information from us, or if you do not wish to receive information from our business parents, but remember that this will preclude you from receiving any of our special offers or promotions or those of our business partners.

19.5 By registering you Device on the Network you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary for providing you services you require. If we do make such a transfer, we will put a contract in place to ensure your information is protected.

19.6 You have a right to ask for a copy of your information (for which we will charge a small fee) and to correct any inaccuracies.

19.7 When you give us information about another person you confirm that they have appointed you to act for them, to consent to the processing of their personal data, and to the transfer of their information abroad and to receive on their behalf any data protection notices.

Delivering communications to you

19.8 All notices to be served in accordance with your Contract must be served by post of facsimile. We can in addition serve notice to you by voicemail, email text, or other form of electronic message. They will be deemed served 48 hours after they are sent, or on earlier proof of delivery. All invoices and notices served by post will be sent to the address given by you on Registration unless you notify us of a change to this address. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it is given and does not affect our rights in any other way.

Disputes between you and us

19.9 You may request that disputes between you and us are referred to arbitration under our Code of Practice for Consumer Affairs. We will supply a copy of our Code of Practice for Consumer Affairs to you on request.

Miscellaneous

19.10 If either party delays or does not take action to enforce their rights under the contract this does not prevent either party from taking action later.

19.11 If any of the terms of this contract are not valid or legally enforceable the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.

Pink Connect company details

19.12 Our Company Registration Number is 04563683

And our Registered Office is at: Connect House, Mill Street, Shipston on Stour, Warwickshire. CV36 4AN

Governing Law

19.13 Your Contract is to be interpreted in accordance with the Laws of England and Wales

IT Support Terms and Conditions

Agreement

Pink Connect IT Support’s function is to maintain your company’s IT network and computer systems in full working order from the day the support contract is signed.

1. What is covered and what is chargeable?

1.1 One to one telephone support for the day to day issues encountered in running an IT infrastructure, the smooth running of desktop PCs, laptops, routers, switches, printers and servers supplied by Pink Connect. You will have to contact 0345 450 9393 opt. 3 in order to arrange that.

1.2 Where individual existing contracts are in place for the support and maintenance of complex pieces of equipment (for example large printer/copiers), this equipment will not be covered by the Pink Connect IT support contract. There may, in the case of leased equipment, be specific exclusions within contracts/guarantees, that if the equipment is serviced/maintained by third party engineer, other than authorised representatives of the supplier, the guarantee will be void.

1.3 We support most Microsoft Office Software applications and Microsoft Operating Systems. We do not support Mac or Linux. It is the customers’ responsibility to have a valid software licence.

1.4 We supply and recommend ESET Endpoint Security, Anti Virus and Internet Security Software. Work completed in resolving problems encountered with other Anti Virus/Security solutions will be chargeable at £50 per hour. Misuse of our supplied software or failure to action alerted threats that cause software/hardware issues are classed as chargeable and not covered by our standard IT Support contract.

1.5 Our IT experts are always available for advice on problem solving, hardware and software, security and system expansion during working hours from Monday to Friday 9am-5.30pm.

1.6 Where we have set up scheduled system or server back-up, we will monitor correct functioning on a regular basis.

1.7 Where needed, we will log onto the clients network or individual computer or server remotely and carry out maintenance or system checks to your systems.

1.8 We will raise charges for additional installing/upgrading hardware/software of £50.00 per hour. For our monthly IT support customers, we have a reduced call out on-site fee of £175 to cover the 1st hour. Additional hours are chargeable at a reduced rate of £45.

1.9 We can supply almost all market hardware and software at competitive prices. The cost of any items purchased will be added to your monthly invoice.

1.10 Broadband service provided by third parties is not covered or maintained by this agreement. If issues arise from third party Broadband problems, we are happy to assist but this time is chargeable and does not fall within the support agreement.

2. Remote Access

For remote control to user machines, Pink Connect will ask permission or notify you that we will be accessing the device remotely. This will allow us to view and control the device.

3. Call outs Terms & Conditions

3.1 In these Terms, “normal office hours” means the hours from 9:00am to 5:30pm, Monday to Friday except public and bank holidays. Pink Connect will respond to problems as per Service Levels outlined.

3.2 Pink Connect Ltd cannot guarantee a completion time for the work on your equipment, any time frame suggested is an estimate and may be subject to change. Most work is carried out remotely although where the issue is complicated and/or not fixable onsite a pick up and return workshop service is available at the standard service rate.

3.3 Pink Connect Ltd charges a £175 + VAT call out fee with 1 hour charge included on the onsite call.

3.4 Pink Connect Ltd operates on an hourly fee basis. This charge is £50 per hour for remote, and £75.00 per additional hour onsite (exclusive of VAT)

3.5 Any figure stated by Pink Connect Ltd (or its staff) regarding work to be done on your equipment is an estimate and may be subject to change. Pink Connect Ltd will advise you before hand of any major problems with your equipment that may lead to higher/uneconomical repair charges.

3.6 Pink Connect Ltd cannot under ANY circumstances accept liability for loss of data from your equipment. Whilst every effort is made to avoid data loss, it is the client’s responsibility to ensure that adequate data backup has been made before submitting the equipment to us.

3.7 This contract does not cover maintenance made necessary by equipment failure due to unfavourable conditions, misuse, surges, lighting, fire, flood, theft, rodents and other pests, vandalism, acts of God, infection by virus, hacking or the unauthorised repair or alteration of the equipment by anyone other than a Pink Connect representative.

3.8 The network cabling infrastructure, parts obtained from third party companies and consumable items such as printer toner cartridge, UPS batteries, fusing units and DAT/TAPE media are not covered under this agreement.

3.9 Pink Connect shall not be liable for any damages in connection with or as a consequence of the repair or servicing of any equipment, including but not limited to: loss of profits or revenue, data loss, or loss of use of equipment or other down-time costs. Without limiting the generality of the foregoing, because the equipment requires set-up or servicing from Pink Connect, and there is risk of data loss, the Customer is fully responsible for the creation and storage of all backup data.

3.10 The Customer will appoint a person to act as its representatives for the purposes of the contract whose responsibility will include authorisation of work on Customer’s premises.

3.11 In the eventuality that a piece of software or hardware maintained becomes worn beyond repair or the manufacturer is unable to supply parts or technical information or fixes, then Pink Connect reserves the right to withdraw the services on the piece of software or hardware affected unless the Customer initiates replacement, refurbishment or upgrade as per Pink Connect recommendations.

3.12 Pink Connect will enforce and maintain customer confidentiality at all times and will not disclose any non public information about the customer to any 3rd parties. Pink Connect acknowledges that all information, files, knowledge or any other data in respect of the customers IT infrastructure or business whilst engaged under the terms of this agreement will be treated at all times as strictly confidential.

3.13 Where network communications permit, the Customer will be responsible for providing hardware and software for remote access to enable remedial work without the need of a visit.

3.14 The Customer will take all reasonable precautions to ensure the health and safety of the Service Provider’s employees whilst on Customer Premises.

The Terms and Conditions above are designed to set out in broad terms the service Pink Connect will and will not provide for IT Support Customers. It is understood by both Pink Connect Ltd and its IT Support clients that due to the complex nature and the design of Software that advertised specific functions of some software may or may not work as designed on all computers. We will at all times make every effort to ensure such applications work, however we do not guarantee this.

Pink Connect will provide the service with the reasonable skill and care of competent IT and Telecoms service provider including how best to provide the service at any site. If we do not, compensation will only be offered if the failure to meet dates was caused by obvious neglect on Pink Connect’s part and if there is evidence that best endeavour was not made to comply. Pink Connect accepts no liability for loss of business due to hardware, software, hacking, virus or breakdown in the services other than caused by obvious neglect.

If you have specific questions on any aspect of IT Support that you feel is or may become relevant please do not hesitate to contact us prior to signing an IT Support Contract with us.

The Fair Usage Policy below is in additional to Our Standard Terms & Conditions. Our acceptance of Your order will create the Agreement between You and Us for the Services.

Why do we have a fair usage policy on Broadband?

In order to provide excellent service to all our customers we need to make sure that no one is using more than their fair share of bandwidth. As part of the FUP each broadband package has a monthly usage allowance. This usage allowance is applicable to the amount you download when the internet is at its busiest. The busiest times, referred to as peak hours, are between 09:00 and 23:00

How does the FUP work?

Like roads during rush hour, the internet can become clogged with traffic during peak hours. Lots of people downloading information at the same time slows the internet down. The FUP is designed to minimise the subsequent loss of performance by ensuring everyone uses only their fair share of bandwidth. Your choice of package determines how much information – how many Gigabytes (GB) – you can download during peak hours, whilst maintaining the expected level of performance for you, and your fellow users.

How does the FUP monitor work?

Your monthly usage allowance is the number of GB you may download in any one month period. This period will begin on the same date each month but may not begin on the first of the month. Throughout each monthly period the Fair Usage Monitor looks at how much you have downloaded during the period so far. From this information it estimates how much you are likely to download by the end of the period if you continue downloading at the same rate. By modifying your download activity during peak hours you can easily avoid exceeding your usage limit. However, you will be warned if you are likely to exceed your quota.

What happens if I do exceed my usage allowance?

If you do exceed your usage allowance within a month, your connection speed will be reduced until your reset date. This will affect your ability to download large files, but not your ability to browse or send emails. Should you find you are regularly exceeding your usage limit please speak to our ADSL team about upgrading your package.

A Router4Life means that should anything happen to your router, which would normally be covered under the standard manufacturer’s warranty, then we will replace the router for just the price of delivery.

The “Router4Life” package MUST be noted on the Customer Service Agreement at the time of order.

The cost of the replacement router will be added as a cost to the Customer’s account.

The Customer will need to cover the standard one off cost for buying the router initially, this will still be at the standard price of £80.00+VAT, plus delivery at £15.00+VAT.

If, further to troubleshooting, the router is deemed to be in need of replacement, due to circumstances which would normally be covered under the manufacturer’s warranty, Pink Connect will send a preconfigured replacement. All that is required is for the Customer to cover the delivery charge (£15.00 plus VAT) and return the ‘faulty’ one. If the faulty router is not returned for testing, charges will be raised to the Customer for the new router.

If the broadband connection is transferred away from Pink Connect, this guarantee will cease.

If the router ceases to work due to: tampering with or damage by the Customer, or liquid damage, or power surge, this guarantee will NOT apply. A replacement can be sent and will be chargeable.

Terms & Conditions for the use of our Internet Services

The Terms & Conditions below are additional to Our Standard Terms & Conditions. Our acceptance of Your order will create the Agreement between You and Us for the Services.

All orders are subject to these Terms. If You do not agree with any of these Terms, You should notify Us of Your intention to cancel Your order as detailed in clause 6.8 of Part A below.

Part A

1 DEFINITIONS

1.1 In these Terms, the following words shall (unless the context otherwise requires) have the following meanings:

Acceptable Use Policy – the acceptable use policy posted on Our Web Site (as amended from time to time);

Additional Charges – any charges additional to the Fees that may be invoiced by Us to You in accordance with these Terms (whether by virtue of a specific provision or otherwise and including, without limitation, the Cease Charge fee as detailed in Part B), which will be charged at Our current standard rates or otherwise calculated on a time and materials basis, as amended from time to time;

Agreement – these Terms and the Order Form;

BT – British Telecommunications PLC;

Carrier – any supplier to Us from time to time of telecommunications services in respect of the Service;

Early Termination Fee – shall have the meaning given to it for the particular Service, as detailed in Part B;

Equipment – any hardware supplied by Us to You in order for You to receive the Service;

Fair Use Policy – the fair use policy posted on Our Web Site (as amended from time to time);

Fees – the amount(s) payable by You (excluding VAT) for or relating to the Services set out in Part B;

IPR – all patents, copyright, moral rights, design rights, know-how, Confidential Information, database rights, trademarks and service marks together with applications to register any of the above (where applicable);

Order Form – the on-line form signed by You in respect of the Services;

Party – You and Us;

Services – the services listed on the Order Form and in respect of each specific terms are set out in Part B and the detailed specifications are set out in the relevant Product Information Sheet displayed on our Web Site;

Start Date – the earliest of the Start Dates set out in Part B;

Terms – these terms and conditions consisting of Part A and Part B;

Us, We, Our – Pink Connect Ltd

Your, You – the organisation or person requiring the Services whose details are set out in the Order Form;

Web Site – www.pinkconnect.com.

1.2 Words in the singular include the plural and vice versa. A reference to one gender includes a reference to the other gender.

2 OUR OBLIGATIONS

2.1 We agree to provide to You the Services for the Fees.

2.2 We will use all reasonable endeavours to provide the Services without interruption and materially error free.

2.3 You acknowledge that our obligations may be carried out on our behalf by a Carrier or other sub-contractor or agent.

2.4 Your bill will be calculated using data recorded by Us and not from Your own records. Our billing systems will meet standards of accuracy approved by our industry regulator.

3 YOUR OBLIGATIONS

3.1 You agree to pay the Fees as shown on our Price List.

3.2 We will issue invoices to You for the Fees electronically. We will (i) send the invoice to You as a pdf attachment to an email. You must ensure that the email address is correct and shall notify Us immediately if Your email address changes. The invoice shall be deemed received by You, upon sending (i) the email attaching Your invoice. We reserve the right to issue a paper invoice to You should We deem it appropriate in Our sole discretion. Any request to send Your invoices to You by post, instead of issuing Your invoices electronically, shall be subject to Our express agreement to do so.

3.3 We may change our Fees, call rates or any similar charges from time to time but will aim to let You know at least one (1) month in advance of any change We are making. We may also change any other charges such as those imposed on Us by Our third party suppliers, including the Cease Charge fees (defined in Section B – Broadband Services below), from time to time and will aim to let You have reasonable notice of any such changes in advance of the change being made. You may terminate this Agreement by providing Us with one (1) month notice following Our notice to You of the changes detailed in this clause, if such change should cause a material detriment to You. If You do not provide notice to terminate the Agreement within one (1) month following Our notice of the change to You, You will be deemed to have accepted the change. You must pay by Direct Debit from a bank account. We may vary these methods from time to time. You must provide Us with all necessary information and authority We need to set up a variable Direct Debit. We shall be entitled to withhold our Services if Your bank has not confirmed that the Direct Debit has been established. You agree that You shall pay an Additional Charge if You pay using a Credit Card.

3.4 You are responsible for the cost of all charges You incur while Using the Services (whether You make the calls or someone else does). We may apply a usage limit to Your account. If You reach Your usage limit during any billing period We will inform You promptly and, if You do not immediately pay at least half the charges incurred, We may suspend the Services. However, You will still be responsible for all charges incurred using the Services, including those that exceed the limit.

3.5 All Fees due under this Agreement will be payable within 14 days of the date of the relevant invoice, and will be paid in full without any set-off, deduction or withholding of any kind.

3.6 If You dispute payment of the Fees or Additional Charges, in whole or in part, You should contact Us immediately, and no later than 10 Working Days following receipt of Your invoice or prior to Our collecting payment from You, to discuss Your complaint. Any disputes regarding the Fees should be made in accordance with the complaints procedure as detailed at Clause 8.14. Subject to You notifying Us of Your dispute and making payment of any Fees or Additional Charges that You do not dispute, in accordance with this Agreement, We will suspend payment of any interest or late payment charges and will not instruct a debt-collection agent, until We resolve the dispute with You.

3.7 You agree that all information You have given to Us is correct and that You will inform Us if it changes. You accept that You will be liable for Additional Charges if You give Us incorrect information that We act on.

3.8 You agree to indemnify Us and any Carrier against any loss either of Us may suffer from Your use of the Services.

3.9 You agree that You will:

3.9.1 comply with any reasonable instructions or directions issued by Us from time to time in respect of the Services and that You will comply at all times with all relevant policies Fair Usage Policy and Acceptable Use Policy. If We make any other changes to Our policies, We shall provide You with one (1) months notice of such changes. You may terminate this Agreement by providing Us with one (1) month notice following Our notice to You of the changes detailed in this clause, if such change should cause a material detriment to You. If You do not provide notice to terminate the Agreement within one (1) month following Our notice of the change to You, You will be deemed to have accepted the change;

3.9.2 fully indemnify Us against any costs and claims from any third party resulting from Your acts or omissions in respect of the Services; and

3.9.3 comply with all applicable legislation (including but not limited to matters arising under the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000).

3.10 You agree that You will not (and You will ensure that Your employees, agents and sub-contractors do not):

3.10.1 use the Services for any unlawful purpose or in contravention of any English or other law. This includes but is not limited to:

a. any act or omission which will or is likely to infringe the intellectual property rights of a third party;

b. the transmission, display, downloading or uploading of any material or text which is or is likely to be construed as defamatory, offensive, abusive, obscene or which will or is likely to cause unnecessary anxiety or inconvenience to a third party;

c. use of the Services in any way which is or is likely to violate or infringe the rights of any individual, firm or company in the United Kingdom or elsewhere.

3.11.2 send or procure the sending of unsolicited advertising or promotional material; or

3.11.3 use the Services in a way that does not comply with any instructions given by Us for reasons of health, safety or the quality of the Carrier’s telecommunications services or our system; or

3.11.4 use the Services in anyway that will or is likely to make excessive use of our network (including but not limited to spamming).

3.12 The person signing the Order Form warrants his or her authority to bind You to this Agreement.

3.13 We reserve the right from time to time to pass on to You any charges levied against us by a Carrier or any other third party supplier.

4 LIABILITY

4.1 Save as required by law and as expressly provided in these Terms, We do not warrant the Services or the Equipment against failure of performance. We disclaim and you waive all other warranties, express or implied, with respect to the services or the equipment, arising by law or otherwise, including, without limitation any implied warranty of satisfactory quality, fitness for a particular purpose and any obligation, liability, right, remedy, claim in tort, notwithstanding any fault, negligence, strict liability or product liability of us (whether express or implied) so far as the law permits.

4.2 You agree that We are not liable in contract or tort (other than fraudulent or negligent misrepresentation) or otherwise arising out of or in connection with these Terms for economic loss (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), loss of goodwill or reputation, indirect or consequential losses whether or not such losses Were within our contemplation, suffered or incurred by You or any third party arising out or in connection with the provisions of the Services (or any part of them).

4.3 Subject to clause 4.4 our total aggregate liability to You arising out of or in connection with this Agreement and the performance or observation of our obligations under it shall be limited to the greater of: (a) the amount paid by You to Us in the twelve months prior to the date on which Your claim arose; and (b) £1,000.

4.4 Nothing in this Agreement shall: (a) exclude or limit liability for death or personal injury resulting from our negligence or that of the carrier, our employees or sub-contractors; or (b) affect Your statutory rights if You are a consumer.

4.5 We will not be liable to You in any circumstances for or in connection with any merchandise, information, and/or products provided or accessed via the internet.

5 PROPRIETARY RIGHTS

5 Title in any Equipment We provide to You, in connection with the Services, will pass to You: (i) on Our receipt of payment of the Fees for the Equipment in full; (ii) on expiry of the Fixed Period; or (iii) on Our receipt of payment of the Early Termination Fee, if You cancel the Services during the Fixed Period, whichever occurs earlier. We reserve the right to request Your return of the Equipment to Us, in an as new and good working condition, at Your cost and expense, in the event of Your cancellation during the Fixed Period. If You fail to return the Equipment within 5 working days from the date of Our request, or if the Equipment is deemed by Us, in Our sole discretion, to be damaged, You shall incur a charge equal to Our standard retail prices for the Equipment, as detailed on Our Web Site.

6 TERMINATION/SUSPENSION AND SERVICE REGRADES

6.1 Independent of any additional rights to terminate set out in Part B, We may terminate or suspend Your use of the Services (or any of them) at any time, at our sole discretion and without notice, if You breach any term of these Terms or we have reason to believe that You have or may have breached any of these Terms (including but not limited to where a third party has alleged that there has been some act or omission by You that may amount to a breach).

6.2 Subject to the provisions of Part B: SDSL Connection, which requires three months prior notice of termination, or unless terminated as set out elsewhere, this Agreement will continue until You give Us at least thirty (30) days’ written notice. Such notice will terminate this Agreement. You should contact the Customer Services Team by post to inform Us of Your intention to terminate this Agreement.

6.3 Termination by You in certain circumstances may incur an Early Termination Fee and a Cease Charge fee. Where this is the case this will be set out in Part B. We will not charge an Early Termination Fee if You terminate the Service pursuant to clause 3.3 or 3.10.1.

6.4 If We are in material breach of these Terms, You may terminate this Agreement by giving Us reasonable written notice.

6.5 Upon termination of this Agreement for any reason Your right to use the Service(s) shall immediately terminate and You shall immediately stop using the Service.

6.6 Within a reasonable time following termination of the Agreement (i) any node name allocated to You by Us for use with the Services, or any email address that You choose to create, will be deleted and/or made available to any of Our other customers; and (ii) Your web space will be automatically deleted. We will not be liable for any losses You incur as a result of this.

6.7 We can also end the Agreement immediately if: (a) You become bankrupt, or (b) the Services are used for any illegal or fraudulent purposes, or (c) You have broken any term of the Agreement (but, if it can be remedied, We will give You 7 days to put that breach right); and/ or (d) any payment is not made when it is due.

6.8 Subject to any provisions set out in the relevant Part B, in respect of the Services, You shall be able to request changes to the Services, at any time through the Web Site. Such changes shall be called “Service Regrades”. We shall either accept or reject Your request by email as soon as reasonably possible following Our receipt of Your request for a Service Regrade. There may be limitations with the Services that may require Us to reject Your Service Regrade request. In such circumstances, We may suggest a Service Regrade that We are able to supply to You. Once We have reached agreement regarding the Service Regrade, We shall make the Service Regrade required available to You, subject to these Terms, and as detailed further below:

6.8.1 The Fees shall be in accordance with the Service Regrade You chose and You shall be liable for the payment of such Fees from the date of the implementation of the Service Regrade.

7 CONFIDENTIALITY

7.1 Each of Us shall while We are providing Services under these Terms and thereafter keep secret and confidential all business, technical or commercial information disclosed to one of Us by the other or otherwise which belongs to the other its sub-contractors, carriers, telecommunication providers or clients (and shall procure that its agents and/or employees are similarly bound) and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of these Terms or save as expressly authorised in writing to be disclosed by the other.

8 GENERAL

8.1 You accept that We may have to disclose information about You to governmental organisations (including the police) or to other third parties, in respect of Your use of the Services. If We are requested to disclose such information, We will do so in accordance with Our obligations as set out in legislation or as required by an order of the court. Subject to any legal prohibitions to the contrary, We will notify You of such disclosure as soon as reasonably possible.

8.2We shall not be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to fires, strikes (of own or other employees) insurrection, or riots, embargoes or delays in transportation, inability to obtain supplies, acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers.

8.3 You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the rights or obligations (including the Services) arising under these Terms without our prior written consent.

8.4 Notwithstanding any provision to the contrary, nothing in these Terms will create or confer any rights or other benefits whether in accordance with the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than You, Us or the Carrier.

9 FAULTS IN THE SERVICE

9.1 You will immediately upon becoming aware of the same report any fault in the Equipment or the Service to Us by e-mailsupport@pinkconnect.com or by telephone on the number published at www.pinkconnect.com.

9.2 You acknowledge that occasionally We and/or our Carrier may have to temporarily interrupt the Service or change the specification of the Service for operational reasons or because of an emergency. In these circumstances You shall have no claim against Us for any such interruption or change.

9.3 We warrant that the Equipment will be of satisfactory quality and reasonably fit for the purpose intended for a period of 12 months from the Start Date (the “Warranty Period“). If during the Warranty Period the Equipment becomes defective, You should return it to Us, at no charge to You. We shall repair the Equipment or replace it, at our sole discretion and subject to any manufacturer?s warranty, with Equipment of no less quality than the Equipment being replaced. The replacement Equipment shall benefit from the remaining term of the Warranty Period. If, in our reasonable opinion, We discover that (i) the defects to the Equipment have been caused as a result of Your negligent acts or omissions; or (ii) there are no defects to the Equipment, We shall be entitled to charge You for the cost of the Equipment and such of Our reasonable costs as We may have incurred, including the costs of the postage of the Equipment, pursuant to this clause 9.3.

Part B – Broadband Services

BACKGROUND

This section of Part B relates solely to the supply of the Broadband Service.

We will be relying on third party telecommunication suppliers (the Carrier) and our ability to provide You with the Broadband Service is, in part, reliant on them.

1 DEFINITIONS

1.1 In this Part, the following terms shall have the following meanings:

Acceptance Test – the tests carried out by Us or our representatives to determine the proper operation of the Service;

Act – the Communications Act 2003, the Telecommunications Act 1984 (as amended) and the Electronic Communications Act 2000;

The Carrier – BT or any other third party provider through whom we will provide the Broadband Service.

Cease Charge fee – the fee which We reserve the right to charge You in the circumstances set out in clause 7.2 below.

Communications Line – the telecommunications system that You have notified Us that You use to obtain telecommunications services over Your telephone network at the Premises;

Start Date – the date when the first Acceptance Test is satisfactorily completed;

Move Date – the date following Your home/office move when the Acceptance Test is satisfactorily completed;

Fee – the amount as set out in the Order Form (or as detailed on Our Web Site), which may include a set-up charge, a regrade charge and/or Usage fees;

Early Termination Fee – means either (i) the Fees payable by You from the date of termination to the expiry of the Fixed Period; (ii) the actual costs incurred by Us in terminating the Services at Your current Premises, if You request a home/office move following the expiry of the Fixed Period at Your current Premises; or (iii) the actual costs incurred by Us in terminating the Services prior to Your Start Date, if You cancel the Services prior to the Start Date, without limiting any rights You may have pursuant to clause 6.9 or 6.10 of Part 1.

Premises – the Site address identified in the order form;

Service – the installation, connection and supply of a telecommunications system (either by Us or by a Carrier chosen by Us) capable of supporting Broadband services to You at the Premises and the provision of the telecommunication services over such system;

Fixed Period – a period of 12 months or 18 months, as defined in the product description, commencing on the Start Date (or the Move Date for any home/office move);

Business Broadband – a Service provided to Business customers;

Home Broadband – a Service provided to Residential customers;

Home/Office Broadband – a Service provided to Business customers with ROAM Wireless Broadband Services (as detailed in Part B – ROAM Wireless Broadband);

Usage – the amount of data transferred over the Service to You measured in gigabytes (GB) (both downloads and uploads);

Monthly Usage Allowance – the Usage included with the Home Broadband Service, the Business Broadband and/or the Home/Office Broadband Service, as defined in the product description.

DSLAM – digital subscriber line access multiplexer;

Line Rate – the rate of connection between Your Equipment and the Carrier?s equipment (DSLAM) located at the local exchange.

Maximum Stable Rate – the maximum Line Rate the Service is expected to achieve on Your Communications Line, calculated on a per line basis as further detailed in the product description.

MAC – Migration Authority Code, a code issued by Us to You on request if You want to change broadband provider.

Rate Adaptation – the automatic negotiation of the best Line Rate between the DSLAM and Your Equipment, based on the settings within the Carrier Network, line characteristics and conditions. Rate adaptation can occur several times a day, thus resetting the rate between Your Equipment and the DSLAM.

Stabilisation Period – a period of up to 10 calendar days commencing from the date that You first use the Service following the Start Date, during which time the Maximum Stable Rate will be established for Your connection.

2 INSTALLATION

2.1 We will endeavour to provide the Service as soon as possible.

2.3 You acknowledge and agree that:

2.4 Our management of the network traffic and the priority that may be applied to the Service that You have purchased from Us and/or the type of traffic that You generate, and therefore We are unable to guarantee the speed or stability of Your Service.

2.5 You acknowledge that You have the ability to set the priority levels of Your internet activity through the Service. We will endeavour to provide You with the Service in accordance with the priority levels that You set. However, We do not accept any responsibility for the speed or stability of the Service Your receive as a consequence of Your settings.

2.6 If, for any reason, We are unable to supply the Service requested by You on the Order Form, We shall notify You that we are unable to supply the Service and shall suggest alternative Services that We are able to offer, if any.

2.7 If, for any reason, the Carrier should be required to visit Your Premises to assist with the Installation or any fault reported thereafter, You may incur an Additional Charge. Further, You agree to pay any Additional Charges arising as a consequence of the Carrier responding to a fault and the Carrier either (i) determining that such fault has not occurred as a consequence of the Carrier or their network; or (ii) the visit being aborted for any reason.

3 YOUR OBLIGATIONS

3.1 You must notify Us immediately in writing of any allegation of infringement of any intellectual property rights prompted by Your use of the Service. You may not make an admission relating to an alleged infringement. You must allow Us, or at our election, the Carrier to conduct all negotiations and proceedings and give Us or the Carrier all reasonable assistance in doing so. You must allow any part of the Service to be modified so as to avoid continuation of the alleged infringement.

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

3.3 You will undertake not to resell the usage of Your Service to third parties.

3.4 You agree to comply with the terms of our Fair Usage Policy, as available from the Web Site.

4 RATE ADAPTATION AND STABILISATION

5.1 You acknowledge that Your Line Rate will be subject to Rate Adaptation. Rate Adaptation can occur several times each day and may change the Line Rate available to You. Such changes in the Line Rate may re-set Your connection to

5.2 The Service may provide upstream (and downstream) Rate Adaptation. If so, the maximum and minimum Line Rate available for the Service is detailed in the product description. Information regarding the maximum Line Rate available for the Services and the commitments We have made to Our customers in accordance with Ofcom?s Voluntary Code of Practice for ISP?s is available on Our Web Site.

5.3 If applicable, You acknowledge that the Stabilisation Period cannot commence and that the Carrier will not be able to establish a Maximum Stable Rate until you have installed the appropriate Equipment and the Communications Line is synchronised to the relevant DSLAM. We will notify You once a Maximum Stable Rate has been established. However, You acknowledge that the Maximum Stable Rate may be subject to change as further detailed in the product description.

6 FEES

6.1 If the Service You receive is subject to a Monthly Usage Allowance, You shall have sole responsibility for the amount of Usage and shall pay the Fees for each gigabyte or part thereof, of Usage over and above the Monthly Usage Allowance for the Service. We do not accept any liability or responsibility for the Fees that You may incur as a result of Usage of the Service, whether made innocently or with, or without, Your consent or knowledge. We will Endeavour to send regular warnings to You by notice to Your Account Address when You reach and/or exceed certain triggers of Your Monthly Usage Allowance, as described on Our Web Site.6.2 For customers who have selected the home/office move package the following shall apply:

6.2.1 Your Service with Us at the current Premises will terminate and You may be liable to pay an Early Termination Fee. You may also be liable to pay any Additional Charges as set out in clause 7.2;

6.2.2 We will provide the Service to You at the new Premises, as soon as reasonably possible from the Move Date. Following the Move Date, We will provide the Service to You at the new Premises for a further Fixed Period;

6.2.3 Clause 2 of this Part B of the Agreement will apply to each home/office move and You acknowledge that We may have the right to terminate this Agreement as a result of Your home/office move, as set out in clause 2.3.1;

6.2.4 You acknowledge that We will not supply any new Equipment to You and that You will need to install the Equipment at the new Premises.

6.3 You shall be entitled to request Us to “fast-track? Your Order for the Services, subject to the payment of an Additional Charge (please see our price list).

7 TERM AND TERMINATION

7.1 We may terminate this Agreement immediately upon written notice to You if (for whatever reason):

7.1.1 it becomes unlawful for Us or the Carrier to continue to provide or support the Service; or

7.1.2 the Carrier supporting the Service ceases to do so for whatever reason or changes the terms in respect of the provision of telecommunications services to Us for the Service for reasons beyond our reasonable control.

7.2 You agree to pay any Additional Charges including the Cease Charge fee (or and other fees that Our Carrier levies against Us in such circumstances), and/or an Early Termination Fee, if applicable, if: a) You terminate the Service or the Service ends for any reason; (b) You move to another ISP without requesting and using a MAC; or (c) You request a home/office move.

8 FURTHER OBLIGATIONS

8.1 You shall obtain at Your expense all permissions, licences, registrations and approvals necessary for, or considered desirable by Us to deliver, install and maintain the Equipment or to provide the Services.

9 MAC PROVISION

9.1 You may request a MAC from Us at any time, by contacting the Customer Services Team by telephone or by post.

9.2 We will issue a MAC to You within 5 Working Days of Your request. Once We have issued a MAC to You, We will continue to charge You for Your Service until We have received confirmation that Your Service has been transferred to another supplier. If You have not used Your MAC within 30 days of the date of issue of the MAC to You, You may need to request a new MAC from Us.

9.3 We will accept Your request for a MAC as notice to cancel the Service, in accordance with clause 6 of Part A. However, We will not cancel the Service unless (i) You formally request Us to do so, pursuant to clause 9.4 below; or (ii) until We receive confirmation that Your Service has been transferred to another supplier, pursuant to clause 9.1 above; or (iii) We are permitted to do so pursuant to any other provision of this Agreement.

9.4 If We have agreed to supply a Service Regrade to You and You request a MAC during the Service Regrade process, You will be asked whether You would prefer to either (i) cancel the Service Regrade and receive a MAC within 5 Working Days; or (ii) receive a MAC on completion of the Service Regrade.

9.5 Following the provision of notice of cancellation of the Service by You, pursuant to clause 6 of Part A, We will issue a MAC to You within the 30 day cancellation notice period, if You so request. Please be aware that Your Service will cease on the expiry of the cancellation notice period, whether or not You have used the MAC, and We will not charge You for the Service following the expiry of the cancellation notice period. If You request a MAC from Us, You should use your MAC within 30 days of the date of issue of the MAC to You, to transfer Your service to an alternative service provider and before Your Service from Us ceases, in order to obtain uninterrupted service provision.

9.6 You may incur an Early Termination Fee if You transfer the Service, using a MAC, to an alternative supplier.