Terms & Conditions

The Liquid Telecom Satellite IP service (“the Service”) provides high-speed satellite access to the Internet to you at the premises we agree with you (“your Premises”) in the country provided.

2. COMMENCEMENT OF SERVICE TERM

After you sign the Order Form for the Service, you will be contacted by telephone to confirm the order and arrange a date for installation. As well as signing up for the Service, you are also placing an order to purchase certain equipment (“the Equipment”) described in paragraph 3.2. We will install and test the Equipment at your Premises and will access a service activation welcome page. When we have done so and provided you with a User Guide, you will be asked to sign to confirm your acceptance of the Service, the term of which will then begin.

3. SERVICE SUPPLY

3.1 Before we can be certain that we can provide you with the Service, we need to do the following:

(a) if applicable, wait until you have obtained planning permission, and confirmed to us that you have obtained planning permission; and
(b) if you do not own your Premises, wait until you have obtained landlord’s consent to mount an antenna, and confirmed to us in writing that you have obtained landlord’s consent; and
(c) at the time of installation, ensure that the antenna at your Premises can be installed with an Unobstructed path between it and the satellite located in the southern sky; and
(d) successfully install the Equipment and activate the Service.

3.2 We will require access to your Premises to install the Equipment and we may give you some advice on preparing your Premises. As a minimum, you will need to provide a suitable location for the Equipment and allow installation of the Equipment.

3.3 You may require planning permission, and if so you will need to make an application to your local Planning Office. Liquid Telecom takes no responsibility for determining whether or not you need to make an application. You will be responsible for the cost of your application for planning permission.

3.4 If, when we visit your Premises to install the Equipment we find that a standard installation is not feasible, we will quote the additional charges necessary for a non-standard installation if this is feasible. You can then accept the quotation and agree that we proceed, or reject it and not take up the Service.

3.5 Although we will use our reasonable efforts to install the Service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them. On the agreed installation date you, or your appointed representative, are expected to provide access to areas for the antenna and indoor unit. If you fail to do this we may charge you for an abortive visit.

3.6 We reserve the right to charge for a site survey if subsequently the Service is not taken up, or for abortive maintenance visits where no access is available when previously agreed or there is no fault in the satellite service (for example where trees obscure the satellite dish or the fault is in the customer’s equipment).

4. YOUR INSTRUCTIONS

We may accept instructions regarding the service from someone we are satisfied has your authority.

5. THE EQUIPMENT

So that the Service remains safe and secure, the Equipment connected to or used with the Service must be used in accordance with all relevant instructions and safety and security procedures. If you damage or lose the Equipment, you will be responsible for the costs of its replacement or repair.

6. ACCESSING YOUR PREMISES

We may need access to your premises from time to time (for example for installation, repairs, maintenance or upgrades). If we do, we will give you advance notice and so long as appropriate identification is shown you agree to allow us access. We will meet your reasonable requirements and you must meet ours concerning the safety of people on your premises.

7. THINGS WE MAY HAVE TO DO

7.1 We may need to temporarily suspend the Service for operational reasons (for example for repairs, planned maintenance or upgrades), but before we do we will give you as much notice as we can. We promise to restore the Service as soon as possible after such suspension.

7.2 We may have to alter code or access numbers or the technical specification associated with the Service for operational reasons, and where we need to tell you about this we will give you as much notice as we can. The technical specification will only be changed where this will not materially affect the performance of the Service.

7.3 We may give you instructions about health and safety issues when using the Service or on your use of the Service to ensure the quality of the Service we provide to you and other customers, and you agree to observe them.

8. PROBLEM AND FAULT RESOLUTION

8.1. Although we attempt to provide you with the best possible service, we cannot guarantee that the Service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.

8.2 If there is a fault with the Service you should contact the help desk. Details of how to contact the help desk will be provided with the terminal.

8.3 Sometimes we may monitor or record calls to or from the help desk for training or to improve the quality of our customer service.

9. PAYMENT OF OUR CHARGES

9.1. You must pay for the charges for the Service that are set out in the Liquid Telecom Satellite IP order form (“the Order Form”) in advance. The Price within the order form is subject to revision by Liquid Telecom and forms part of these terms and conditions.

9.2. We will charge you for the Service on the date that the Service is activated and available for you to use.

10. MISUSE OF THE SERVICE

10.1 You must take all reasonable precautions to ensure that no one (including you) uses the Service:

(a) fraudulently or in connection with a criminal offence; or
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights; or
(c) to spam or send unsolicited bulk emails or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party; or
(d) to attempt to gain unauthorised access to a computer system; to configure your PC as an open relay system, or send data which has forged addresses; or

10.2 If we think that your use of the Service may:

(a) impair the security of the system and/or the network used to provide the Service; or
(b) cause detrimental performance of the Service to our customers we may suspend your access to the Service. Suspension is further explained in paragraphs 13 and 14. If possible, we will give you prior notice if we do suspend your Service.

10.3 This Service is subject to the Liquid Telecom Satellite IP Fair Share Policy which may be amended from time to time. We manage the integrity of our network to make sure that a high quality service is provided at all times to all our customers on a fair and equitable basis. Under the Fair Share Policy, we reserve the right to apply specific traffic shaping in order to maintain the service quality for all users.

11. LOCAL AREA NETWORK (LAN) ACCESS

11.1 If you access the Service via a LAN, you are responsible for:

(a) providing and maintaining a suitable LAN and internet protocol (IP) hub, switch or router capable of interfacing satisfactorily with the Service; and
(b) configuring the IP router; and
(c) appointing a system administrator, who will be our point of contact for matters relating to the Service.

11.2 We are not responsible under these terms and conditions for providing any technical or other support to your LAN. The IP addresses that are allocated to you are for use in connection only with the Service and all rights in those IP addresses belong to us. You must not sell them or agree to transfer them to anyone else or try to do so. If the Service is terminated for any reason the IP addresses will revert to us.

11.3 If you or anyone else interferes with or alters the settings of the Equipment, we may suspend your access to the Service as explained in paragraphs 13 and 14. In addition, we reserve the right to charge you if you do any of these things as we may incur costs.

12. YOUR USE OF THE INTERNET

The Service allows you to access the Internet. The Internet is separate from the Service and use of the Internet is at your own risk and subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials you obtain when using the Internet.

13. IF YOU OR WE BREAK THESE TERMS AND CONDITIONS

Either of us can end the Service immediately on notice at any time if the other:

(a) commits a material breach of these terms and condition which is capable of remedy, and fails to remedy the breach within 30 days of receipt of a written notice to do so;
(b) commits a material breach of these terms and conditions which cannot be remedied;
(c) is repeatedly in breach of these terms and conditions; or
(d) is the subject of bankruptcy or insolvency proceedings, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of their assets, or they go into liquidation.

14. SUSPENSION OF THE SERVICE

Instead of terminating the Service we can choose to suspend the Service. If we do this we can still end the Service at a later date. If we decide to suspend the Service, we will restore it (if neither party has ended the Service) when you satisfy us that you will only use the Service as we have agreed. If we decide to suspend the Service, these terms and conditions will continue during the period of suspension and you will have to pay all relevant charges.

15. MATTERS BEYOND OUR REASONABLE CONTROL

15.1 If we cannot do what we have promised to do in these terms and conditions because of something beyond our reasonable control (including, without limitation, industrial disputes involving our employees), we will not be liable for this. If this continues for more than 14 days, you can terminate the Service immediately by giving us written notice. If the events continue for more than three months, we can terminate these terms and conditions immediately by giving you written notice.

15.2 The Service may be adversely affected by heavy rain or snow, the sun passing behind the satellite, radio interference from satellite, airborne or terrestrial sources. Physical obstructions in front of the dish can also cause loss of service and you will have to ensure than you keep the dish free from such obstructions.

16. ENDING THESE TERMS AND CONDITIONS

16.1 Before the Service has been activated

16.1.1. You may end these terms and conditions at any time before the Service is activated and available for you to use, but if we have already installed the Equipment at your Premises you must pay our reasonable costs for the installation and removal of the Equipment.

16.1.2. Once the Service has been activated and is available for you to use, you can only end these terms and conditions as set out in paragraph 16.2.

16.2 After the Service has been activated

16.2.1 These terms and conditions can be ended by:

(a) you or us giving one month’s notice to the other ; or
(b) you giving us seven days’ notice if under paragraph 22 we inform you we are increasing our charges.

16.2.2 If you give us notice (other than because we have increased our charges) that ends, or we end these terms and conditions under paragraph 13, during the first 12 months from the date that the Service is activated and available for you to use, you must pay all charges payable for any remaining period of that 12 months.

16.2.3 If you have paid any charges for a period after the end of these terms and conditions beyond the 12 months referred to in paragraph 16.2.2, we will either repay those charges or put them towards any money you owe us.

17. LIMITATION OF LIABILITY

17.1. We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 17.2 of these terms and conditions or in any other way.

17.2. We have no liability (whether in negligence or otherwise) for any indirect or consequential loss, nor for any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.

17.3. We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks andequipment.

17.4 Each provision of this paragraph operates separately in itself and survives independently of the others.

18. CONFIDENTIALITY

We will keep in confidence any information of a confidential nature obtained under these terms and conditions and will not divulge to any person (other than our employees who need to know the information) without the consent of the other party.

19. HOW THESE TERMS AND CONDITIONS CAN BE CHANGED

We may change these terms and conditions, including our charges, at any time. We will give you at least 14 days’ notice of any changes before they take effect. As explained in paragraph 16.2, you can end these terms and conditions by giving seven days’ notice to us if we increase our charges.

20. HOW TO GIVE US NOTICE

If either of us gives notice to the other under these terms and conditions, this must be done in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:

(a) To us: at the postal address or email address shown on the appropriate web site or an alternative address which we
may give you.
(b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the Service or an alternative address which you may give us.

21. WAIVER

Neither of us shall be considered to have waived any right under these terms and conditions because of failure or delay in exercising that right.

22. FAIR SHARE POLICY

The purpose of our Fair Share Policy is to ensure that all customers experience a quality service. We manage the integrity of our network to make sure that a high quality service is provided at all times to all our customers on a fair and equitable basis.

This service is intended for normal business use, including web browsing, email, occasional streaming of audio or video, etc. However this service is not suitable for connecting web site servers, or continuous use of peer-to-peer file sharing software, Voice over IP, streaming audio and video, or other continually bandwidth-hungry applications. There is a risk that small numbers of customers using the service in such ways could prevent other users from obtaining a satisfactory service.

We therefore reserve the right to apply a lower priority to traffic which is typically associated with nonprofessional applications such as peer-to-peer file sharing. This will have the effect of slowing down such traffic during periods when the service is congested, but not at other times, leaving more capacity for more time-sensitive traffic.

We also reserve the right to apply a lower priority to traffic to and from any customer who has, over a recent period of typically a few weeks, used significantly more bandwidth than the average customer or exceeded their data usage limit. This will have the effect of slowing down the service for that customer during periods when the service is congested, but not at other times. The more exceptional the customer’s utilisation of bandwidth, the more the customer’s service will be slowed down.

If you have been assigned a lower priority as a result of this policy, your priority will return to normal after a few weeks if you modify your use of the service so as to reduce your bandwidth utilisation.

This policy does not mean that you cannot use the types of bandwidth-hungry applications identified above, only that you should not use such applications continuously or for long periods. Occasional use of high bandwidth applications is typical of normal use.

As a result of our application of this policy, customers who are using the service in line with use will experience a better service with less congestion and the available capacity will be shared more fairly.