Bulldog General Terms & Conditions

Updated 7/9/2006

1. INTRODUCTION

1.1 These general terms, any applicable special terms or Products Terms and applicable Bulldog tariff (“ Terms”) set out the legal relationship between you and Pipex Internet Limited ("Service Provider" or "we" or "us" or "our") in relation to our services. Together, they govern your use of the Bulldog website and all the services provided by Service Provider (“Services”). Pipex Internet Limited is a company registered in England and Wales (Company Number 05306519) with its registered address at 20 Broadwick Street, London, W1F 8HT and VAT number is GB 722 4713 55 . Pipex Internet Limited is regulated by Ofcom.

1.2 There are a number of areas in which these Terms differ depending on whether the premises to which Service is provided are in England and Wales or Scotland and the difference is detailed in each relevant clause.

1.3 You may contact us by email at bulldogcustomerservice@pipex.net. You should use email as your primary means of communication with us and we may ask you to follow-up any telephone or written contact by email. The Bulldog website is www.bulldogbroadband.com. You may also contact us by telephoning 0871 702 7777. You must provide a valid email address when placing an order and maintain this address, or provide us with an alternative postal address. We may use this email address to contact you for all purposes under these Terms.

1.4 You may print these Terms at www.bulldogbroadband.com.

1.5 By clicking “I agree” on our website you agree to be bound by these Terms.

2. PLACING YOUR ORDER

2.1 If you wish to place an order you may do so by following the on-line order instructions. On the date you place an order (“Order Date”) you enter into a contract with us for the purchase of the relevant Service under these Terms. We will acknowledge receipt of your order and contact you as we process your order and try to provision and activate your Service.

2.2 By placing an order you agree that we, or third parties on our behalf, may carry out credit checks on you using the information you provide.

3. INSTALLATION

3.1 We (or other companies or organisations acting on our behalf) may need to visit your premises to carry out tests, provisioning or activation and you agree to such visits and to provide such other co-operation and assistance as we may reasonably require. We will liaise with you to arrange the timing of these appointments. It is also possible that BT or another party may contact you directly in relation to any appointment. We only deliver our broadband and voice services to the master Network Terminating Equipment (NTE) telephone socket at your home or business. We are not responsible for any internal wiring, additional phone sockets or extension cables.

3.2 If an ordered Service cannot be activated, or can only be partially activated on our network, we will notify you. Unless you choose otherwise, your contract will end and any charges already collected will be refunded to you. We may offer to provide you with an alternative Service (e.g. a lower level of functionality or bandwidth), which you may accept within 5 days by email.

3.3 During activation of your order you may temporarily lose the use of your other telecommunications services.

3.4 We may end the contract with you before the Service is provisioned ready for your use (“activation”) if:

you fail a credit check;
incorrect payment details have been provided to us;
you are not within a geographic area covered by us; or
technical issues prevent, delay or degrade the activation or provision of Service.

3.5 If we end your contract before activation, we will refund you any payments you have already made in respect of such contract.

3.6 You may end your contract with us prior to activation by sending us an email indicating that you wish to end your contract:

within seven (7) working days from the day after the Order Date if you have ordered online, or otherwise at distance; or
if forty (40) working days have passed since the Order Date.

3.7 If you end your contract before activation as set out in clause 3.6, we will refund you any payments you have already made in respect of such contract. If you want to end your contract before activation for any other reason you may do so, but you agree to pay us the full activation charge and, if cancelled within five (5) days of prospective activation, recurring charges for the Initial Period (as defined below).

4. SERVICE PROVISION

4.1 We shall try to ensure that any service provided to you by us (“Service”) shall be provided:

in accordance with our description from time to time of such Service; and
using the reasonable skill and care of a competent UK provider of similar Services.

4.2 We may from time to time make changes to our network or the technical specification of a Service. If these changes will materially detrimentally affect the Service, we will inform you in advance by publishing the change on the Bulldog website.

4.3 It is technically impracticable for us to provide a fault-free Service.

4.4 We may suspend provision of a Service:

for operational or technical reasons (in which case we will try to notify you prior to such suspension and to minimise the impact upon you);
if we have reasonable grounds to believe that the Service is being used fraudulently or illegally or in breach of clause 7, whether by you or anyone else; or
if the use of the Service by you or anyone else, may damage or disrupt the proper functioning of other Services or our other networks.

5. HOW LONG IS YOUR CONTRACT?

5.1 We will provide you with Service from the date on which the Service is activated for the minimum period of time specified in your order (“Initial Period”). If your order comprises multiple lines with different activation dates, then each line shall be the subject of a separate Initial Period from the relevant date of activation.

5.2 If there is a conflict between these general terms, the special terms or applicable product terms, our tariff, any order acknowledgement or any other reference to an Initial Period then the longest period specified shall constitute the Initial Period. Following the Initial Period, the Service will continue until terminated in accordance with these Terms. If the Service is modified such that the Service or pricing depends on your commitment to a further contract period, then this further commitment shall be deemed to extend the Initial Period until the end of this further contract period.

5.3 Either you or we may end a Service or the contract by thirty (30) days prior notice (written or verbal) to the other if:

the other party has materially breached these Terms and has not corrected such breach within thirty (30) days of a written notice requiring correction; or
the other party is, or is deemed to be insolvent, bankrupt or unable to pay its debts, makes or proposes an arrangement or composition with its creditors generally, enters into liquidation whether compulsorily or voluntarily or makes an application to a court of competent jurisdiction for protection from its creditors generally or a petition is presented or a resolution is passed by it for its winding up, a court of competent jurisdiction makes an order for its winding-up or dissolution, an administration order is made in relation to it or a receiver or administrative receiver is appointed over or a person legally appointed to do so takes possession of or sells any of its assets or notice of a meeting to carry out any of the foregoing is duly served; or
an event outside our reasonable control, prevents continued provision of a Service for more than thirty (30) days.

5.4 Either of us may end a Service or the contract by giving not less than thirty (30) days prior notice (written or verbal) to the other at any time after activation; notice will expire on the last day of the notice period or the last day of the Initial Period, whichever is later. You may end a Service or the contract if we notify you of a materially detrimental change to a Service or these Terms. In this case you may only terminate during the period of thirty (30) days following such notification.

5.5 If you want to end a Service or the contract otherwise than as set out above, you will still be liable to pay us all Charges due to the end of the Initial Period.

5.6 We may immediately end, or suspend, providing a Service to you if:

you are in breach, or have breached, the Acceptable Use Policy (as published on the Bulldog website from time to time);
you fail to pay any amounts properly due;
incorrect payment details have been provided to us including lack of consent of a joint account holder to the nominated payment method; or
at any time there are incurred unpaid Charges (as defined below) owed to us (whether due or not) in excess of your Credit Limit (see clause 8).

6. EQUIPMENT SUPPLY

6.1 You may offer to purchase certain equipment (comprising hardware and associated software) (“Equipment”) from us from time to time, in which case the order process set out above shall apply. Risk (where applicable) shall pass to you on delivery. Title (where applicable) shall normally pass to you (subject to any special promotion) following receipt by us of the second full payment of the Monthly Charge (as defined below).

6.2 If we supply you with Equipment:

Equipment is subject to a limited manufacturers’ guarantee in accordance with the documentation provided with the Equipment. Such relevant documentation shall govern such guarantee, but you should be aware that, in general, manufacturers’ guarantees only provide for (at manufacturers’ option) replacement, repair or refund of Equipment which does not function in accordance with the manufacturers’ applicable published specification for a period of twelve (12) months (in the case of hardware) and thirty (30) days (in the case of software) from the date of delivery and that the limited guarantee is conditional on the Equipment being used in accordance with any applicable end-user terms, manufacturer’s instructions, without misuse, without excess wear and tear, without improper use or neglect, without end-user attempted repair and that you will be required to bear the cost of any return of Equipment to us or the manufacturer unless we inform you otherwise in writing;
any returns may only be made in accordance with our returns policy available on the Bulldog website from time to time;
such supply is subject to any end-user licence terms applicable to such Equipment, which you accept;
you shall not resell, transfer, export or re-export any Equipment, or any technical data derived from such Equipment, in violation of any applicable United Kingdom or foreign law; and
you shall ensure that any equipment or Equipment connected to a Service is connected to and used with the Service in accordance with relevant published instructions and any safety and security procedures notified to you.

6.3 If we supply you with installation services then you agree to procure access to all appropriate sites for engineers and authorised personnel at mutually agreeable times and provide such co-operation and assistance as they may reasonably require. We shall meet your reasonable requirements about the safety of such personnel on your premises and you shall meet our reasonable requirements about the safety of such personnel on your premises.

7. YOUR OBLIGATIONS

7.1 You agree that you will:

a) procure that we have the authority to carry out works to provide you with the Services at any of your sites at which we are providing the Services;

(b) not use, nor allow others to use, the Services:

for any improper, unlawful, fraudulent, criminal or otherwise illegal activities;
in a manner which is offensive, abusive, indecent, defamatory, menacing, obscene or harassing or to cause annoyance or needless anxiety;
to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, menacing, obscene or harassing;
to breach any other third party rights such as, without limitation, intellectual property rights (including copyright) confidence, privacy or any other rights;
to send, provide, facilitate or knowingly receive responses to any spam or unsolicited advertising or promotional material;
to knowingly or negligently transmit any electronic material (including viruses, worms, Trojans, backdoors or spyware) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by us or other internet users;
to knowingly or negligently permit or participate in any mail-bombing or denial of service attacks;
in breach of the Acceptable Use Policy (as published on the Bulldog website from time to time);
to degrade the performance of the network or services; or
for resale to any third party;

(d) comply with the Acceptable Use Policy (as published on the Bulldog website from time to time);

(e) notify us of any changes or inaccuracies to the registration data about yourself or payment method specified in the order or otherwise;

(f) only use and connect equipment and/or networks to our network that are approved and comply with all relevant legislation, standards and licence requirements;

(g) comply with these Terms and any reasonable instructions we give you from time to time; and

(h) indemnify us against all losses, liabilities, costs (including legal costs) fees and expenses which we may incur as a result of any third party claims against us arising from, or in connection with your use or misuse of the Services or breach of these Terms.

7.2 We may without notice to you examine, monitor or record from time to time, the use to which you put the Services and the nature of the data/information that you are transmitting or receiving via the Service where such examination, monitoring or recording is necessary:

to protect and/or safeguard the integrity, operation and functionality of our or a third party's networks;
to co-operate or comply with any investigation or inquiry of or by a competent authority, or any police, judicial, regulatory or governmental order, notice, directive or requests; or
to substantiate or refute any reasonable suspicion we may have in respect of your alleged or potential breach of these Terms.

8. CHARGES, PAYMENT TERMS AND CREDIT LIMIT

8.1 The charges applicable to our processing of any order and the provision of any Service or supply of Equipment (“Charges”) shall be the Charges set out in our tariff as published on the Bulldog website from time to time at www.bulldogbroadband.com. Details of deposits and/or prepayments are also as published on the Bulldog website from time to time. If there is a conflict, the online tariff shall take precedence over any printed tariff.

8.2 Charges are of the following categories:

connection and equipment (if any) charges (“Activation Charge”);
recurring monthly rental charges (“Monthly Charge”);
variable usage charges (“Usage Charge”); and
other charges (“Other Charge”).

8.3 Charges quoted in the Bulldog tariff are either inclusive (if you are a residential customer) or exclusive (if you are a business user) of VAT as set out in the applicable special terms. In either event you are liable to pay us VAT at the then applicable rate.

8.4 Activation Charges are Charges made for the provisioning, connection and activation of a Service and, if required, the supply of Equipment. The Activation Charges which apply to your order are the Activation Charges in force on the Order Date and are not subject to change for such order. Activation Charges are due on acknowledgment of your order for such Service and Equipment by us.

8.5 Monthly Charges are Charges made for the rental of a Service. The recurring Charges which apply to your Service for the Initial Period is the applicable tariff the date you place your order and are not subject to change for such Initial Period. If the Monthly Charge is subject to a discount for a fixed period (“Discount Period”) after the Discount Period the standard tariff applicable on the Order Date will apply. After the Initial Period, the applicable Monthly Charges are the recurring Charges published on the Bulldog tariff on the Bulldog website from time to time. Monthly Charges are due monthly in advance.

8.6 Usage Charges are charges made for your use of a Service or a feature of a Service, including any charges in connection with PSTN modem dial-up, rogue diallers and system misconfiguration. The applicable Usage Charges are calculated in accordance with your usage and the rates for usage published in the Bulldog tariff on the Bulldog website from time to time. Please note (and you hereby agree) that Usage Charges rates may change from day to day. Usage Charges are due monthly in arrears, or on notice from us to you, more frequently.

8.7 Other Charges are charges identified in the Bulldog tariff that are not Activation, Monthly or Usage Charges and may relate, without limitation, to such matters as Service upgrades or migration, feature activation, engineer site visit, change of address or early termination. Other Charges are due as described in the Bulldog tariff. We may require you, at any time, to pay a deposit or make a prepayment in respect of any Services, where we suspend or otherwise restrict any of the Services, or we are entitled to suspend or end or otherwise restrict any Service to you or you fail a credit check. The deposit and/or prepayment may be required whether or not you owe us any money.

8.8 We do not issue written invoices, however you may review your invoice and account status online at the Bulldog website.

8.9 We only accept payments using direct debit, debit card or credit card approved by us (MasterCard or Visa). You warrant that you will provide us with correct payment details at all times, and that you are the account holder. If the nominated payment method is in joint names, we may require that the other account holder(s) agree to the nominated payment method. You can pay any initial Charges using approved direct debit, debit card or credit card (MasterCard or Visa). For recurring Charges, we will accept any of these approved payment methods except debit cards. You agree that we may debit your direct debit, debit card or credit card as Charges become due, provided that we will give you at least five (5) working days prior notice in your invoice or otherwise before collecting a direct debit payment from you.

8.10 All amounts due to us shall be paid in full without deduction or withholding except as permitted by law (for example if the customer has a right to receive monies from us).

8.11 We may charge interest on any overdue amounts payable from the due date until payment of all sums owing including interest (whether before or after judgment) at the rate of 4 percent per annum above the base rate of HSBC plc from time to time.

8.12 The amount of your credit limit shall be £150 or such other sum as we may notify to you from time to time.

8.13 You are responsible for all Charges in connection with the use of the Services on your account(s).

9. PRIVACY AND DATA PROTECTION

9.1 In processing, provisioning and activating your order, providing Services, billing you and otherwise interacting with you as our customer, we will collect, store and process data relating to you. The way in which this data may be collected, stored, processed and/or transferred by us is set out in the privacy policy accessible on the Bulldog website from time to time at www.bulldogbroadband.com/general/privacy.asp. You agree that we shall be entitled to collect, store, process and/or transfer data about you in accordance with the terms of this privacy policy.

9.2 From time to time we and our associated group companies may contact you about other products and services that we think may be of interest to you. If you do not wish us to contact you, please ensure that you tick the ‘opt-out’ box on the order form. We may pass your details to carefully selected companies who offer products and services that we think may be of interest to you. If you do not want us to pass your details to these companies, please ensure that you tick the ‘opt-out’ box on the order form.

9.3 You have the right to request a copy of information relating to you that is held by us, by written request to our data protection compliance manager and upon payment of our administrative fee. You may correct or update the personal information held by us at any time by advising us in writing.

10. LIMITATIONS OF LIABILITY

If the premises to which the Service is to be provided are in England or Wales then the following clause

10.1 shall apply:

10.1 Nothing in these Terms shall restrict or exclude either party’s liability for fraud or for death or personal injury caused by it or its employees’ or agents’, negligence.

If the premises to which the Service is to be provided are in Scotland then the following clause 10.2 shall apply:

10.2 Nothing in these Terms shall restrict or exclude either party's liability for death or personal injury arising from breach of duty and nothing in these Terms shall restrict or exclude either party's liability for fraud or fraudulent misrepresentation.

10.3 Subject to this, neither we nor you will be liable to the other for any for any Unforseen Losses whether in contract, tort or otherwise (including negligence). “Unforseen Losses” shall mean any economic loss arising in the course of commercial activities (whether direct or indirect) including, without limitation, any loss of profits, anticipated savings, business, contracts, revenue, time, goodwill or loss or harm of data always provided that this shall not include:

Charges payable;
the incremental cost to you of procuring replacement Services in the event of default by us; and
the repair (or if repair is not practicable, replacement) of any of your tangible physical property intentionally or negligently damaged by us or our employees or agents while on your premises.

10.4 Our liability to you is further capped as set out clauses 12 and 13.

10.5 Your sole and exclusive remedy in respect of any failure to meet any Service levels (if applicable) set out in any Service level agreement (if applicable) is the rebate set out in such Service level agreement.

10.6 You shall at all times be under a duty to mitigate any losses suffered by you.

10.7 Each provision of this clause 10 is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.

11. MISCELLANEOUS

11.1 We have set up a complaints procedure to address complaints you may have and a code of practice relating to dispute resolution which may be found on the Bulldog website at www.bulldogbroadband.com/general/code_of_practice.asp. When communicating with our Customer Service staff, or any other staff, you agree that you will not use abusive or offensive language or make threats to such staff.

11.2 We shall not be liable for any delay or failure in performance of our obligations to the extent that such delay or failure is attributable to matters beyond our reasonable control.

If the premises to which Service is to be provided are in England or Wales then the following clause 11.3 shall apply:

11.3 We may assign or novate the benefit or burden of these Terms or any Service upon notice to you always provided that your consent shall be required if such assignment may adversely affect the Service or Service levels provided to you. You may not assign the benefit or burden of these Terms or any Service.

If the premises to which Service is to be provided are in Scotland then the following clause 11.4 shall apply:

11.4 We may assign this contract and any Service upon notice to you always provided that your consent shall be required if such assignment may adversely affect the Service or Service levels provided to you. You may not assign any of your rights or obligations under this contract.

11.5 Our failure to exercise or enforce, or any delay in exercising or enforcing any right or benefit conferred by, these Terms shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.

11.6 Subject to clause 5.4, we may change these Terms from time to time by notifying you of the revised Terms.

11.7 Save where the premises to which the Service is to be provided are in Scotland, these Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

If the premises to which Service is to be provided are in England or Wales then the following clause 11.8 shall apply:

11.8 These Terms shall be governed and construed in accordance with English law and, subject to the dispute resolution procedures set out above, the Parties irrevocably agree to the exclusive jurisdiction of the English courts, always provided that we may commence proceedings against you in any jurisdiction in which you are incorporated, resident or hold assets.

If the premises to which Service is to be provided are in Scotland then the following clause 11.9 shall apply:

11.9 These Terms shall be governed by and construed in accordance with Scottish law and, subject to the dispute resolution procedures set out above, the Parties irrevocably agree to the exclusive jurisdiction of the Scottish courts, always provided that we may commence proceedings against you in any jurisdiction in which you are incorporated, resident or hold assets.

11.10 If any provision of these Terms is held by a court, arbitrator or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of these Terms shall nevertheless remain legal, valid, and enforceable.

BULLDOG SPECIAL TERMS

12. SPECIAL CONSUMER TERMS

12.1 If you are a natural person ordering or purchasing domestic Services or Equipment from us then:

you agree to use the Service only for domestic and not business use;
if you receive a Service from us, we agree to exercise our rights to suspend or terminate your Service with regard to the Bulldog code of practice on domestic disconnections from time to time, which is available on the Bulldog website at www.bulldogbroadband.com. However, this code does not contractually bind us and may not be relied upon by you;
all Charges quoted are inclusive of VAT;
the code of practice on the Bulldog website at www.bulldogbroadband.com/general/code_of_practice.asp relating to complaints and the resolution of disputes applies to you;
subject to clauses 7, 10 and the obligation to pay Charges due under these Terms, the liability we have to you, and your liability to us, in respect of all causes of action arising in each calendar year in contract, tort or otherwise (including liability for negligence or breach of statutory duty) under, in connection with or arising out of the supply or non-supply of Services and/or Equipment:

(a) in respect of each and every line shall be limited to damages equal to £2,000 in such calendar year; and;

(b) in aggregate shall be limited to damages equal to £5,000 in such calendar year;

If you request an engineer to visit your premises and the fault is found by the engineer to be caused by your equipment or network you will be liable to pay a site charge; and
you will not, due to the application of these Terms, be deprived of any of your statutory rights against us.

13. SPECIAL BUSINESS TERMS

13.1 If you are a company, partnership or sole trader ordering or purchasing business Services from us then:

all Charges quoted are exclusive of VAT;
the codes of practice on the Bulldog website at www.bulldogbroadband.com/general/code_of_practice.asp relating to complaints and the resolution of disputes applies to you if you have less than ten (10) employees;
these Terms comprise our contractual code of practice which we are obliged to provide to you if you have less than ten (10) employees;
subject to clauses 7, 10 and the obligation to pay Charges due under these Terms, our liability to you, and your liability to us, in respect of all causes of action arising in each calendar year in contract, tort or otherwise (including liability for negligence or breach of statutory duty) under, in connection with or arising out of the supply or non-supply of Services:

(a) in respect of each and every line shall be limited to damages equal to £2,000 in such calendar year; and;

(b) in aggregate shall be limited to damages equal to £10,000 in such calendar year.

Except as expressly set out in this clause all other representations, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of these Terms and each Service contract are expressly excluded.

These Terms are the exclusive statement of the agreement between you and us related to the subject matter of these Terms. They supersede all understandings and prior agreements, whether oral or written, between the parties. You and we each agree that no statement made by the other party was relied on before entry into force of these Terms and each party waives any remedy which, but for this clause 13, might otherwise be available in respect of any untrue statement made (whether innocently or negligently but not fraudulently) before entry into force of these Terms.

You shall only have a right to reject the Equipment as set out in the applicable manufacturer’s limited warranty. Any malfunction or manufacturer's defects or other defects, outside our control, of Equipment either sold or provided by us to you or purchased directly by you and used in connection with the Service will not be deemed a breach of our obligations under these Terms. Any rights or remedies you may have regarding the performance or compliance of Equipment are limited to those rights extended to you by the manufacturer of such Equipment.

We are acting as a reseller or distributor of such Equipment and we make no, and expressly exclude, any representations, warranties, terms and undertakings, express or implied, statutory or otherwise as to the quality (satisfactory, merchantable or otherwise), fitness for any purpose of such Equipment, interoperability of such Equipment or that your Equipment will operate correctly in the event of a power failure.

All amounts due to us shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.

14. SPECIAL TERMS IF YOU ORDER ONLINE

14.1 If you order Services from us online, or otherwise at a distance then you may print out these Terms at www.bulldogbroadband.com.

Our order acknowledgement and these Terms provide you with the information required by the ecommerce and distance selling rules both before and after a contract is formed:

Our name, address, company registration, email contact, regulator and VAT number are as stated in clause 1;
contract formation is described in clause 2;
relevant codes of practice may be found on the Bulldog website (also see clauses 9, 11, 12 and 13);
We tell you what Services you have ordered and their key features in the order acknowledgment;
applicable prices, validity period and minimum term and payment mechanisms including taxes are described in clauses 5, 8 and 12 (if you are a consumer) and the Bulldog tariff on the Bulldog website;
you may end your contract within 7 (seven) working days of the Order Date without further liability pursuant to clause 3.6 unless the Service you have ordered has been activated with your agreement during this period of seven working days; we will not activate your Service during this period of seven working days except with your agreement;
you agree that as we are reliant on third party suppliers outside our control for the provisioning and activation of your order that execution may take longer than thirty (30) days;
order acknowledgement is made without undue delay and by electronic means (see clause 2.1);
you may correct your order before submitting it by following the process on the Bulldog website;
contracts will not be filed with any third party, but will be stored by us, are accessible on request and may be corrected by notifying us (see clause 9);
We will refund any card payments made fraudulently if you are a consumer; and
the language of the contract shall be English.

15. IF YOU BUY SERVICES FROM A DOOR TO DOOR SALESPERSON

15.1 If you buy our Services from a door to door salesperson, please be aware that we require such salespeople to abide by our code of practice for such salespeople. Amongst other issues, this code requires them to:

not adopt high-pressure selling techniques;
take all reasonable steps to allow for any difficulties vulnerable consumer may have, for instance explaining the terms of an offer or the consequences of responding in a clear and helpful manner and giving helpful advice;
not specifically market or advertise, or deal in any other way with persons under the age of 18 years;
not denigrate other businesses;
have references checked and to be trained;
exercise discretion visit consumers' homes, particularly during the hours of darkness. No face to face contact to be made on Monday - Friday outside the hours of 08.00 to 21.00, and on Saturday outside the hours of 09.00 - 21.00, and no telephone calls to be made outside the hours of 08.00 to 21.00, unless at the customer's request;
ensure that the individual entering into a contract is authorised to enter into the contract; and
not change the contract, price or any term.

15.2 If you have any complaints or concerns about the salesperson or the sales process please contact us immediately and tell us about your concerns.

16. SPECIAL VOICE TERMS

16.1 If you order voice Services from us then:

some of the Services that you currently receive will be terminated when your voice Services are activated by us. Such Services include, without limitation: BT Call Sign Number, Carrier Pre Selection (CPS), Indirect Access, Home Highway and ISDN 2(e); Surftime and FRIACO ( Flat Rate Internet Access Call Origination) dial-up internet access.
you may request us to port your number from another communications provider. However you agree that this may not be possible and we may provide you with a new number. If you request us to port your number you agree to provide us with such assistance and cooperation as we may need to port your number;
if you request us to do so, we will port your number to another communications provider if reasonably practicable;
you agree that any numbers allocated to you are not owned by you and may be withdrawn or replaced by us at any time. However, we will not arbitrarily withdraw or replace numbers and will only do so in accordance with our regulatory obligations or your consent. Further you will not attempt to sell, transfer or assign any number to anyone else;
you are responsible for payment of all calls made using the Service;
the availability of certain features (eg, Calling Line Identity Presentation (CLIP)) is dependent on your equipment, for which you are responsible, or dependent on activation by you (eg, Voicemail);
we may bar the availability of certain numbers, Services or features at our sole discretion. We will use this discretion with regard to anomalous use of your Service in order to try to protect you from fraud or unauthorised usage, although we do not guarantee such protection. Without limitation this may include:

(a) call diversion to certain international numbers;

(b) calling card access numbers; and

if you have ordered a second line voice Service, during a power failure you will not be able to make any calls from your second line, including calls to emergency services. However, you can continue to make calls as normal from your primary business phone line. You agree to inform all users of the voice Service of this limitation at the point of use;
unless you indicate on the order form that you wish to be “ex-directory” we will provide your telephone number and other details to providers of directory inquiry services in accordance with our regulatory obligation to do so; and
unless you indicate on the order form that you do not require an itemised bill then, subject to clause 8.7, we will provide you with an itemised bill in accordance with our regulatory obligation to do so.

17. SPECIAL BROADBAND SERVICE TERMS

17.1 If you purchase Bulldog broadband services from us then:

we will not be able provide you with Service if your line is used for incompatible products provided by other communications providers. These incompatible products may change from time to time and you should check the Bulldog website for an up to date list;
if the Service is provided in conjunction with a telephone service provided by another service provider it is important that you maintain that service during the Term. If such telephone service provided by another service provider is disconnected for whatever reason (other that a reason connected with our default) you may be required to pay us additional charges representing the additional costs incurred by us and revenue lost by us (always provided that such sums shall be fair and reasonable); and
due to the nature of the Service it is provided at a particular address. If you move house you will need to cancel Service at your old address and order a new Service at your new address. Standard charges will apply to both termination and activation.
We provide you with a password to access the Service you must keep the password or other security information confidential and you will be responsible for any activities that take place in conjunction with the use of your password or security information. This is particularly important in relation pay as you go and/or metered services as you will be responsible for charges incurred in conjunction with use of the password or other security information. You must inform us and change your password in the event that you become aware of any insecurity, any unauthorised use of your account or any other breach of security;
We reserve the right to prevent our network from being used for illegal purposes and to protect the integrity and security of our network. In order to achieve this we may introduce automated systems for the prevention of illegal activity and for restricting access to and from the network. For instance we may block emails that have the characteristics of Unsolicited Commercial Email (Spam). You will receive an email notification to the email address that sent the email in question if an email sent by you is blocked. If you have any queries in relation to these limitations you should contact us.

18. SPECIAL BULLDOG HOME AND OFFICE PRODUCT TERMS

18.1 If you purchase Bulldog Home or Bulldog Office Services then:

we cannot ensure, and you agree to take responsibility for, the compatibility of your computer equipment and software with web-based applications, including the capability to send and receive emails (via the World Wide Web or through a POP3/IMAP capable client); and you acknowledge and agree that we exercise no control over, and accept no responsibility for, the content (including viruses, Spam or any other illegal material) of the information passing through our host computers, network hubs and points of presence or the Internet;
the content of any Bulldog website that you are entitled to access is protected by intellectual property rights and laws. Such content includes text, software, music, sound, photographs, video, graphics and other material contained in or distributed together with the Service. You may only use this content in ways expressly authorised: see www.bulldogbroadband.com/general/websiteterms.asp; and
you expressly grant to us a licence to cache the entirety of your website, including content supplied by third parties and warrant that caching will not infringe the rights of any third party.

19. SPECIAL BULLDOG BUNDLED PRODUCT TERMS

19.1 If you order a voice and data bundled product, then subject to the Terms, we will try to provision the fastest service we are able to provide. However, sometimes we will not be able to provide our fastest service and may not be able to provide all of the product functionality. If on provisioning the available bandwidth is:

at least 2 Mbps and all functionality is available the product shall be considered activated; or
less than 2 Mbps downstream then clause 3.2 shall apply and the available bandwidth and functionality actually provided shall be the Service we provide to you.

20. SPECIAL MANAGED INSTALLATION PRODUCT TERMS

20.1 If we supply you with managed installation services:

any Equipment supplied is subject to clause 6;
we provide you with the option of either having a router preconfigured to your requirements and shipped to you, or, having an engineer come to your site to install the router and connect it to the leased line. If you have opted for the latter, we shall try to ensure that our agent shall perform the activation services with reasonable care and skill; and
provide suitable qualified and experienced personnel to carry out the installation services or related tasks;
while the router will be of a type that has been tested and found to be compatible with the Service, the router is provided “as is”. The router is your property. We will however take fault calls and pass fault details on to the installer/shipper. You acknowledge that fault fixing may incur extra charges;
the Service only comprises the configuration and set up of the installed Equipment and connection to the Service in accordance with our published specification. It does not include any element of audit, design or connection to your equipment and we make no representation or warranty about the interworking, interoperability or compatibility of the installed Equipment with your equipment or end to end system functionality. You accept responsibility for your own equipment, connection to any of our installed Equipment and system functionality;
you acknowledge that we will be required to carry out a telephone site survey before starting work on the managed installation and you further acknowledge that during the installation of the Equipment for the provision of the Service you may suffer temporary interference to other telecommunications services which shall be reinstated following installation. We will not be liable for any loss, interruption or interference during installation. You also acknowledge that any telephone socket extensions that are incorrectly wired may be disconnected during installation, without liability to us;
We shall use our reasonable endeavours to comply with your reasonable requests in respect of installation but our or the carrier’s decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the Equipment shall be final and binding; and
the price of the Service includes, where applicable, a provision for installation work of a type and quantity usual with Services of this type. We and our partners may need to raise supplementary charges if an unusually large amount of installation work is required. We or our agent will seek agreement from you if such charges are necessary.
While we will try to perform the installation within four (4) days of the activation of your Service, it may not be possible to do so if you are not able to allow us access at the times proposed by us. In the event that we are unable to gain access to perform the installation at an agreed prearranged time and has to make another visit, you may be charged an additional fee of £60.

21. SPECIAL IP ADDRESSES TERMS

21.1 Unless a static IP address is provided with the Service you have ordered or you specify that you require a static IP address in your order you will receive either a dynamic or a static IP address at our discretion.

21.2 Following certain changes to your Service (eg, if you upgrade your Service from a broadband only to a voice and broadband bundled product) we may need to allocate a new static IP address to you.

21.3 In the event that we assign you a static IP Address, you should be aware that the IP address will be re-assigned to us or to another customer if your broadband service is disconnected for any reason or if you terminate the broadband service.

21.4 We are required by RIPE (the European IP address authority) to document on an RWwhois server which entity is using the IP space. If you are assigned a static IP address, you consent to our inclusion of your name, company name, postal address, e-mail address, IP address, and telephone number in the RWwhois server.

22. SPECIAL FIREWALL SUPPLY TERMS

22.1 If you receive a security device (e.g. firewall) either stand alone or as part of a router with your Service, we will ensure that any firewall or similar device that it provides is of a type that has by testing been shown to be compatible with the Service. Firewalls and similar security products use a rule base. It shall be your responsibility to provide a suitable rule base for the firewall and to ensure that such rule base is adequate for the protection of your network. We or our agent agrees to configure the firewall with the rule base provided by you. Once you accept the Service, the firewall and its configuration become your responsibility. If consequently, additional and supplemental work to configure the firewall is required, not due to the default or negligence by us or our agents, you agree to pay such amounts necessary for supplemental work to be carried out.