Internet Service Delivery Supplement
This Agreement is made by and between Incommsec and the legal entity or individual stated below (‘Customer”) the Internet Supplement will be bound by the terms of the Master Service Agreement

The Incommsec Network is a high performance Internet Protocol computer network with access to and from the global Internet. The Incommsec service (the “Service”) consists of a network connection between the Incommsec Network and the Customer site local area network. The Incommsec Network attachment is installed, managed, and operated by Incommsec. Except where expressly permitted herein, Customer is not authorized to provide the Service to any third party person, firm, institution or organization.

1            Orders:
1.1          Customer may from time to time deliver Orders to Incommsec for the Services.
1.2          Each Order is subject to acceptance by Incommsec in its absolute discretion. Without limiting the foregoing, acceptance may be subject to the provision by Customer of satisfactory financial and credit information.
1.3          An Order is deemed accepted by Incommsec when Incommsec notifies the Customer that a date has been set for the conduct of a site survey or for the installation or Activation of any part of the Services as provided in Clauses 2.1 and 2.9 and the date of such notification shall be the Order Committed Date. Once accepted by Incommsec, each Order shall form a separate contract between Customer and Incommsec incorporating the terms of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of an Order, the terms of the Order shall prevail.
1.4          Unless otherwise agreed in writing by Incommsec, all terms and conditions contained in a Customer order form, purchase order, letter or other document produced or provided by the Customer are excluded and shall be of no effect.

2                Activating the Service:
2.1          Before Activating a Service, Incommsec may:
2.1.1          verify that each Customer Location is in an area in which the Service is available;
2.1.2          carry out a line test and/or site survey; and/or
2.1.3          where appropriate, provide and/or install Service Equipment.
2.2          Where checks and/or surveys carried out by Incommsec require attendance at a Customer Location, Customer shall liaise with Incommsec and/or its representatives to permit access to such Customer Location. Incommsec and/or its representatives shall endeavour to agree a date and time for such attendance but shall not be liable for a failure to attend on the date or at the time agreed.
2.3          If Incommsec determines that the Service cannot be Activated Incommsec shall notify Customer and may propose an alternative Service (e.g. a lower bandwidth line). If Customer chooses to accept the alternative Service, it shall confirm this in writing to Incommsec within five (5) days from the date of notification.
2.4          If Customer chooses not to accept an alternative Service within the time period set out in Clause 2.3, or an alternative Service is not offered, the Contract will automatically terminate. Subject to Clause 2.11, Incommsec shall repay to Customer any amounts already paid in respect of that Service.
2.5          Customer acknowledges that it may not always be possible to establish whether the Service can be Activated until after the Service is installed at the Customer Location.
2.6          To allow the installation to proceed Customer shall as and when required by Incommsec and at Customer’s sole cost and expense:
2.6.1          obtain all necessary consents, including consents for any necessary alterations to buildings;
2.6.2          take up or remove any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers advised by Incommsec, or the engineer contracted for the installation or Activation of the Service; and
2.6.3          provide any electricity and connection points required by Incommsec or its agents.
2.7          Customer acknowledges that Activation of the Service may cause temporary loss or disruption to other telecommunications services.
2.8          If Customer requires a static IP address Customer shall specify this in the Order. If Customer fails to specify this requirement, it will receive either a dynamic or a static IP address at Incommsec’s discretion. If Customer requires more than two (2) useable static IP addresses Customer shall complete the IP justification form.
2.9          Once a date has been set for the Activation of the Service or installation of any part necessary for the Activation of the Service Incommsec will issue an email to the onsite contact and the technical contact stated on the Order.
2.10        If Customer cancels an Order or Contract:
2.10.1        At any time before the Order Committed Date, it shall be liable for payment of a £120 admin fee; and
2.10.2        At any time after the Order Committed Date, it shall be liable for payment of the Activation Charges and Recurring Charges for the entire Initial Term.
2.11        If Incommsec is unable to Activate a Service due to the act or omission of Customer (including the provision of incorrect information) Incommsec may treat the Contract as cancelled and levy the charges provided in Clause 2.10.

3                Provision of the Service:
3.1          Subject to the other provisions of this Agreement, Incommsec shall provide the Services from the Activation Date for the term of the relevant Contract.
3.2          Incommsec shall provide the Services in a manner befitting a competent telecommunications service provider.
3.3          Incommsec may subcontract the provision of all or any part of the Services to third parties.
3.4          The Services will be provided up to the maximum Bandwidth specified on the Order. It may not always be possible to provide the Service to the maximum Bandwidth specified, and the following shall apply:
3.4.1          For Fixed-Rate Services, in the event that the Service operates at less than 85% of the specified maximum Sync Rate, Customer shall be entitled to have the relevant Contract migrated to the next most appropriate speed, it being agreed that such migration shall not be of retrospective effect. This shall be Customer’s sole remedy in contract, tort (including negligence) or otherwise respect of any failure to provide the Service at the specified maximum Sync Rate;
3.4.2          For Rate-Adaptive Services, the Sync Rate is determined by the copper quality and distance from the exchange. Incommsec will use reasonable endeavours to estimate the maximum Sync Rate prior to Activation, but Customer accepts these are conditions beyond Incommsec’s control. No remedy is offered should a Rate-Adaptive Service fail to operate to Customer’s expectations or estimated Bandwidth or Sync Rates and Incommsec shall not be liable for such failure in contract, tort (including negligence) or otherwise.
3.5          In relation to the provision of PSTN for ADSL services the customer agrees to the following:
3.5.1          The customer must meet and remain with the BT Openreach engineer during installation.
3.5.2          BT Openreach factor in one hour of installation on site per engineer. Should this not be sufficient further charges will apply for a new appointment. This should be made clear before work begins and the customer must decide whether to proceed with the installation. Proceeding constitutes as acceptance of these charges which will be billed at a later date.
3.5.3          The installation will only take place within 3-meters of existing cabling and further charges will be made should the engineer need to install further than this distance from the socket.
3.5.4          If this is unacceptable the customer should reject the installation before BT Openreach begins work to be able to exit this agreement without charges set out in Clause 2.10.

4                Service Technology:
4.1          Some of the technology used in the provision of the Services is described below. Incommsec may at any time vary or alter the equipment or other technology used in the delivery of the Services provided that such variations or alterations shall not be materially detrimental to the performance capability of the Services.
4.2          SDSL:
4.2.1          Makes use of Symmetric DSL technology (G.SHDSL);
4.2.2          SDSL Activation Charges includes installation of a new PSTN line; rental is included in the Recurring Charges from Incommsec so Customer will not receive a bill from BT for the PSTN installation or rental charges;
4.2.3          SDSL uses the whole BT PSTN line (voice or other data services will no longer be available on the PSTN line).
4.3          ADSL:
4.3.1          Asymmetric DSL (ADSL) technology, operating over a BT PSTN line. It is not deployable on a PSTN line with certain products already installed;
4.3.2          Incommsec normally uses the G.992.3 standard of ADSL2 and G.992.1 for fixed-rate ADSL Services.
4.4          BURST/VOX 2.0:
4.4.1          ADSL2+ over partially unbundled PSTN;
4.4.2          The BURST and VOX 2.0 service uses Asymmetric DSL (ADSL) technology. BURST employs the Annex-M variant of the ADSL2+ (G.992.5) standard.
4.5          PULSE:
4.5.1          Makes use of Very High Bitrate DSL (VDSL2 G.993.2).
4.5.2          Activation Charges includes installation of a new PSTN line; rental is included in the Recurring Charges from Incommsec so Customer will not receive a bill from BT for the PSTN installation or rental charges;
4.5.3          PUSLE uses the whole BT PSTN line (voice or other data services will no longer be available on the PSTN line).
4.6          REMOTE 3G:
4.6.1          3G wireless 3rd Generation Wireless Data communication
4.6.2          Remote 3G is delivered sim only or as part of a managed service such as PureFluid or ADVANCE.
4.6.3          Committed Data Rate (CDR) is made across all Sims under the same account.
4.7          LEASED LINE:
4.7.1          Leased lines are delivered either over copper using frame relay or fibre and presented as an Ethernet connection.
4.8          PUREFLUID/ADVANCE:
4.8.1          PureFluid is delivered using a single Cisco router with multiple WAN Interface Cards, or multiple individual Cisco WAN routers chained together. PureFluid offers aggregation of multiple individual Internet connections, presented via a single Ethernet interface with a single static IP address allocation. Advance is the same but the lines operate in an active passive role with independent IP addresses.
4.9          PSTN WITH CALL BARRING:
4.10        BT Business PSTN with BT Enhanced Care for use with a BURST or ADSL Service;
4.10.1        Incommsec owns and maintains this PSTN line, the rental is included in the Charges from Incommsec so Customer will not receive a bill from BT for the PSTN installation or rental charges;
4.10.2        Incommsec operates inbound and outbound call barring on the line. Customer accepts that voice services (including 999 and other emergency service calls) will not be available on the line.
4.10.3        PWAN:
4.10.4        PWAN is a private network. Each PWAN sits on its own dedicated core router and firewall and all remote connections terminate directly into the PWAN core rather than onto Incommsec’s own core network;
4.10.5        Due to the private nature of the PWAN Customer can dictate the local IP addressing to be used across the PWAN.

5                Activation Lead-Times:
5.1          Incommsec shall use its reasonable endeavours to provide the Service within the following lead times, but shall not be liable in contract, tort (including negligence) or otherwise for a failure to meet such timeframes. Lead-times run from the date the Order is processed, following credits checks and verifications under Clause 2.1. This will generally be from the date of the first invoice or, for the leased line service, the date of notification under Clause 2.9.
VOX 0.8/1.3/2.0 activation - 5 Working Days
ADSL Max activation - 5 Working Days
BURST (new activation) - 4 Working Days
BURST (migration from ADSL) - 7 Working Days
BURST Lite (new activation) - 4 Working Days
BURST Lite (migration from ADSL) - 7 Working Days
PULSE installation and activation – 15 Working Days
REMOTE 3G SIM – 3 Working Days
PSTN installation - 7-10 Working Days
SDSL installation and activation - 15 Working Days
Advance - 25 - 30 Working Days
PureFluid - 25-30 Working Days
Leased Line - 60-90 Working Days

6                Service Specific Clauses:
6.1          The following provisions apply to Contracts for the Services stated below:
6.2          BURST/VOX 2.0:
6.2.1          BURST is capable of up to 20 Mb/s download and 2.6 Mb/s upload. VOX 2.0 of up to 2.6 Mb/s download and 2.6 Mb/s upload. The maximum speed possible will depend on the length of the telephone line and the quality of the copper. These are factors which are outside Incommsec’s control and the provisions of Clause 3.4.2 shall apply;
6.2.2          When a line is of a very poor quality or has a very long length, it may not be possible to provide the service. In this instance Clauses 2.3 to 2.5 shall apply;
6.2.3          Incommsec must provide the Modem for the BURST/VOX 2.0 service for technical reasons. No other Modem except that provided by Incommsec shall be supported.
6.2.4          Cisco Modems will be available with NAT or No-NAT configuration as standard. Access-lists and VPN configurations will be available for an additional setup and management fee;
6.2.5          Incommsec will manage the BURST/VOX 2.0 Modem, and access to its configuration and settings will not be provided to Customer;
6.2.6          Ownership of the BURST modem will transfer to Customer on termination of the relevant Contract.
6.3          HOME WORKER/PWAN DSL:
6.3.1          This service is sold as a lower cost product for smaller sites or home workers not requiring the high levels of support offered by Incommsec. This means the following services will not be provisioned as standard: BT Enhanced Care, BT Best Endeavours
6.4         REMOTE 3G
6.4.1          Incommsec will provide the 3G sim card and any peripheral devices required at the expense of the customer.
6.4.2          The customer can only use equipment compatible with the specific carrier’s network.
6.4.3          The customer shall ensure that sim cards are only used with the customers authorisation;
6.4.4          inform Incommsec immediately if a sim card is lost, stolen or damaged; and
6.4.5          return sim cards to Incommsec after they have been disabled from use on the Network at Incommsec’s request.
6.4.6          Once a sim card has been deactivated it cannot be reactivated.
6.4.7          If the customer has used more than the committed data rate (CDR) as given at the beginning of the contract, then a charge of 10 pence per MB will be made.
6.5          PULSE
6.5.1          Can only be offered where an FTTC enabled street cabinet has been installed and is still subject to survey.
6.5.2          The underlying technology is VDSL which is distance dependant so any speed quoted is an ‘up to’ service.
6.5.3          A BT router may be provided along with a Incommsec router for connection to the Customer’s network.
6.6          LEASED LINE:
6.6.1          Incommsec will provide an NTE to terminate the copper or Fibre leased line;
6.6.2          This NTE remains the property of Incommsec and must be returned to Incommsec by recorded delivery within ten (10) Working Days of termination of the Contract at Customer’s expense;
6.6.3          If the device is not received within ten (10) Working Days, or is received in a damaged condition, Incommsec will invoice Customer for all costs incurred in recovery or replacement.
6.6.4          The line may only support up to a maximum of 100 MAC addresses (Media Access Control address) per service and Incommsec reserves the right to suspend service if this is exceeded.
6.6.5          Installation and Service Commencement. Incommsec shall schedule the installation of the Services on a date mutually agreed to by the parties. The parties expressly understand that requested installation dates are for planning purposes only and such dates are not guaranteed. If Customer requests a delay in the installation date, Incommsec will accommodate the request, provided that: (a) such delay does not exceed thirty (30) calendar days from the original installation date, (b) Incommsec receives the requested delay in writing from Customer no later than 10 days prior to the original installation date, and (c) Customer agrees to pay any additional charges resulting from such delay.
6.6.6          Incommsec Circuit Provisioning. Incommsec will provide connectivity between an Incommsec service delivery interface (or equivalent) at the Customer’s location.  A significant part of the installation process is the detailed design and installation of the local fibre cabling, by Incommsec or a contracted Telecommunications Operator. Any unforeseen special facilities or construction required to establish communication service to the Customer site may cause delay in installation, and may incur additional costs which will be borne by the Customer. Unless otherwise agreed by the parties, end to end management of the Service will be performed by Incommsec. Customer is responsible for end to end physical management and operations for extensions it provides on the Customer side of the Service Demarcation.
6.6.7          Service Demarcation. The Service Demarcation is the point where Incommsec’s responsibility for the connection ends and is the termination of the local fibre cabling or service delivery interface. Installation of any necessary cross connects or extensions on the Customer side of the service delivery interface are the responsibility of the Customer. Support beyond the Service Demarcation will be the responsibility of the Customer, including, but not limited to: routing, LAN integration and IP addressing, software, and locally maintained resources.
6.6.8          Service Changes. Upgrades in Service: Customer may elect to upgrade service during the term of this Agreement. In such event, Customer shall elect a new term ending on or after the end of the Term of the Service Order then in effect. The pricing for service during such new term will be Incommsec’s standard pricing for contracts of the length of such new term.
6.7          PUREFLUID/Advance:
6.7.1          As packets originating from single data streams are distributed across multiple Internet circuits Incommsec cannot guarantee that packets will always arrive in order, meaning the Service cannot be guaranteed as suitable for real-time applications such as VoIP and video conferencing. Advance uses individual lines in an active/passive role making it more suitable;
6.7.2          PureFluid/Advance hardware is provided with a next business day replacement guarantee (provided faults are diagnosed before 3pm).
6.8          PSTN:
6.8.1          Where Incommsec provides a PSTN line for use with a BURST or ADSL service the Contract applies to the combined Service. It is not possible to provide or cancel either the PSTN or the DSL service individually under this Contract;
6.8.2          When the Contract terminates for any reason the PSTN Service will also cease on the same date;
6.8.3          Incommsec is obliged by Ofcom to offer a MAC for the purposes of migrating the DSL Service to another supplier, however as Incommsec provides the PSTN as part of a single package when the DSL Ceases the PSTN will also Cease, even if Customer has been issued a MAC and migrated the DSL Service away from Incommsec;
6.8.4          Customer shall not connect any equipment to the BT NTE, including a telephone, other than a Incommsec provided microfilter or Customer’s own microfilter where applicable;
6.8.5          Call barring is operated by Incommsec, so it is not possible to make inbound or outbound calls.
6.9          PWAN:
6.9.1          Incommsec will provide and manage the PWAN core router and firewall on behalf of Customer;
6.9.2          Customer shall not be permitted access to the configuration of the PWAN core router or firewall;
6.9.3          When Customer stops using the PWAN, and has no connections terminating into it, ownership of the PWAN core router and firewall will remain with Incommsec.
6.10        COLOCATION AND REMOTE HANDS:
6.10.1        Customer shall have a licence to occupy the colocation space allocated to it by Incommsec (the ‘Customer Space’). Incommsec may at any time and from time to time relocate Customer to alternative space within the same colocation facility. Incommsec shall bear the reasonable direct costs of effecting such relocation. Customer acknowledges and agrees that it occupies the Customer Space as licensee and that no relationship of landlord and tenant is created.
6.10.2        Subject to Clause 6.8.7, Customer may obtain access to the Customer Space by emailing [email protected] and identifying those individuals for whom access is required. 48 hours notice of intended access is required save in an emergency. Access to the Customer Space shall be subject to compliance with the datacentre security procedures.
6.10.3        Where Customer has purchased the remote hands service, it may request support by emailing [email protected] The remote hands service is limited to reporting on the visual status of equipment and performing basic tasks such as operating buttons and switches. It does not include technical troubleshooting. Customer acknowledges that in providing the remote hands service, Incommsec shall follow Customer’s precise instructions. Incommsec is not responsible for the outcome of these instructions. Incommsec shall use reasonable endeavours to respond to requests for remote hands support within thirty (30) minutes of the request being logged.
6.10.4        The Recurring Charges payable in respect of the remote hands service permit Customer a maximum number of hours support during any month as notified to Customer by Incommsec. Any remote hand support required beyond this level and/or additional support and services required in respect of the Colocation Space shall be charged on the basis of Incommsec’s standard rates for the same from time to time in force. Hours of support permitted to Customer during any month and unused shall expire and may not be transferred to following months.
6.10.5        Customer shall at all times (i) comply with all datacentre rules and security procedures notified to it and shall procure compliance with the same by its employees, agents and representatives; and (ii) save as expressly permitted shall not alter or modify the racks or other infrastructure provided at the Customer Space. Customer shall indemnify Incommsec in respect of all costs losses, damages expenses, claims and liabilities arising out of any breach of this Clause 6.8.5.
6.10.6        The Charges payable in respect of the Customer Space shall increase annually in line with the increase over the same period in the UK Retail Prices Index. Incommsec may otherwise increase such charges on one (1) months’ notice, such notice to expire at any time following the expiry of the Initial Term. Customer acknowledges that power charges are due in respect of its use of electrical power in the Customer Space and Incommsec may increase any charges levied in respect of power consumption forthwith in line with any increase levied by the datacentre owner.
6.10.7        In the event that Customer fails to pay amounts when due Customer agrees that, upon delivery of written notice to Customer, Incommsec may without liability to Customer: (a) restrict Customer’s physical access to the Customer Space and/or to Customer’s equipment; and/or (b) take possession of Customer’s equipment and store it, at Customer’s expense; and/or (c) dispose of Customer’s equipment in full or partial satisfaction of any debt. Action taken by Incommsec under (a) and (b) above shall remain in effect until payment of any overdue charge or expense in relation to any Colocation Services or other Services is received by Incommsec.
6.10.8        Customer may by delivery to Incommsec of a further Order request an upgrade of the colocation service provided. Irrespective of when delivered, such Order shall automatically terminate the existing Contract for colocation and replace it with a new Contract with a new Initial Term.
6.10.9        Incommsec or the datacentre owner shall use reasonable endeavours to enforce the security procedures, but Customer acknowledges that any and all equipment installed in the Customer Space remains at Customer’s own risk and Customer is responsible for insuring the same.
6.10.10      Customer shall ensure that all equipment installed in the Customer Space (i) complies with any weight limit and power draw restrictions; (ii) conforms with applicable specifications; and (iii) shall not cause interference with any other equipment.
6.11        REMOTE BACKUP:
6.11.1        Use of the remote backup product requires the download and installation by Customer of software onto Customer’s server. Customer shall have a licence to use the software for the purpose of accessing the remote backup service but shall not distribute or modify the software or use it for any other purpose and title in the software shall at all times remain with Incommsec or its licensors.
6.11.2        The remote backup service is accessible only through a Incommsec broadband data connection. Customer is responsible for procuring such connection from Incommsec and for maintaining its Contract with Incommsec in respect of such connection.
6.11.3        Customer acknowledges that the remote backup service is intended to compliment Customer’s existing local backups and that it is advised to restore data on a daily basis to ensure data integrity. Customer is responsible for determining the frequency of backups.
6.12        DOMAINS:
6.12.1        Minimum terms on domain names are 24-months for all .uk domains and 12-months for all other domains.
6.12.2        Domain names will be automatically renewed in advance. The Customer is responsible for cancelling a domain name with at least 1-months notice prior to the domain name being up for renewal.
6.12.3        Standard Domain Name Service Resolver (DNS) and Mail Relay. DNS provisions are not included with the Service, but may be offered as a courtesy by discussion with the Customer and are subject to no warranties or service level agreement unless separately contracted.
6.12.4        SMTP Mail Relays, whether inbound or outbound, are not included with the Service, but may be offered as a courtesy by discussion with the Customer and are subject to no warranties or service level agreement unless separately contracted.

7                Service Equipment:
7.1          Customer hereby grants to Incommsec, its agents, representatives and subcontractors, the right during the term of each Contract: (i) to install and keep installed the Service Equipment at each Customer Location; and (ii) the right to enter and re-enter each Customer Location as and when required in order to install, test, operate, maintain and remove the Service Equipment. Customer warrants and represents that it is entitled to grant the rights set out in (i) and (iii).
7.2          Customer shall provide a suitable environment for housing the Service Equipment, including appropriate protection from weather, security, availability of power, cooling, heating and ventilation.
7.3          Customer shall not make any replacement, modification, adjustment or connection to the Service Equipment save as agreed by Incommsec in writing.
7.4          Ownership and title in the Service Equipment shall remain with Incommsec at all times during the term of the relevant Contract. Customer shall not charge, mortgage or otherwise deal with the same and shall use all reasonable efforts to prevent third parties from asserting rights in relation to the Service Equipment.
7.5          Customer shall ensure that all equipment connected to a Service is connected to and used with the Service in accordance with the published instructions and any safety and security procedures notified to Customer.
7.6          Incommsec makes no warranty that a Service will interoperate properly with any equipment not procured from Incommsec in connection with that Service.
7.7          Where Incommsec provides a Modem for use with a Service the Customer must use that Modem and no other.
7.8          Where Incommsec provides management for a Modem, Incommsec will maintain sole access to the configuration throughout the Contract.
7.9          The configuration of equipment provided by Incommsec is intellectual property of Incommsec. Customer accepts that it does not have any right of ownership at any time during the Contract or after the Service has Ceased and Customer shall not, at any time, and for any reason, attempt to gain access to the configuration of Incommsec managed equipment.
7.9.1          Any attempts to gain access to Incommsec managed equipment by any means, including brute force hacking, reverse-engineering or resetting of the device shall be deemed a material breach of the relevant Contract and of this Agreement and Incommsec may suspend Service forthwith in accordance with Clause 9.1.1.
7.9.2          Where Customer needs to undertake penetration testing for security audit purposes Customer shall notify [email protected] five (5) Working Days in advance in writing, detailing the tests being undertaken. Customer will receive confirmation back by email when this has been accepted. Failure to notify Incommsec will be deemed a hacking attempt on the Incommsec network as provided in Clause 7.9.1.
7.10        Where, in relation to any Service not including PureFluid or Advance, ownership of the Modem automatically transfers to Customer on Service Cease, Incommsec will, at Customer’s request (sent to [email protected] prior to the Cease date), reset the Modem to factory default settings so as to provide Customer with management access to the modem. A request to reset the Modem after this date will require the return of the Modem to Incommsec and collection, each at Customer’s expense.
7.11        Hardware provided for the use of PureFluid, Advance and leased line services remains the property of Incommsec and must be kept in good working order. This hardware is to be returned to Incommsec in its original packaging and in good working order within 2-weeks of order cease. Full cost of replacement at Cisco list price at that time will be otherwise levied.
7.12        Remote Management is provided as standard with Cisco hardware, not including PureFluid or Advance, to support configuration changes. Changes will aim to be made within 4 working hours of notice. These include, but are not limited to;
7.12.1        Basic configuration requests;
7.12.2        Change requests for access lists and NAT rules;
7.12.3        Setting up 1st dial-in VPN;
7.12.4        Adding or removing VPN users or changing security settings.
7.13        Advance configuration, advance routing and additional site–to-site VPNs will be subject to consultation with an engineer and checked by a supervisor. Incommsec will aim to complete this within 10 working hours.
7.14        All change requests must be made via email even if a support ticket is also raised by the phone system.
7.15        Should the client not provide all the necessary information required to carry out a change then a request for further details will be provided within the aforementioned time period. The clock will restart when all required information has been provided.
7.16        4 Hour Hardware Replacement is available as an option on PureFluid, ADVANCE and other connectivity products. This warranty provides onsite replacement of the router or firewall with a like for like replacement within 4 hours of it being diagnosed as faulty. The Customer acknowledges this time period does not take into account the diagnostic period following the raising of a support ticket, which is necessary to determine the hardware is faulty. Every effort will be made to meet the 4 hour response however SLA service credits outlined in Schedule 13 detail the sole liability and claim available by the Customer should it fall outside of this.

8                Use of Services:
8.1          Customer shall not use any Service:
8.1.1          in breach of Incommsec’s then current Acceptable Usage Policy from time to time detailed at the web-address: http://incommsec.com/aup
8.1.2          in connection with the carrying out of any fraudulent, criminal, or any other illegal activity;
8.1.3          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;
8.1.4          to cause annoyance or needless anxiety;
8.1.5          to send or provide or, knowingly receive responses to, any spam or unsolicited advertising or promotional material.
8.1.6          to knowingly or recklessly transmit any electronic material (including viruses) which may cause or is likely to cause detriment or harm in any degree to computer systems owned by Incommsec or other Internet users;
8.1.7          in a manner which restricts or inhibits any other user from using or enjoying Incommsec’s products or services;
8.1.8          to utilise excessive amounts of bandwidth exceeding the contention ratio guarantee of the product and not including 1:1 services (repeatedly engaging site-local scripts or similar behaviour); and/or
8.1.9          in breach of any reasonable instructions given by Incommsec.
8.2          Incommsec shall have the right to examine, from time to time, Customer’s use of the Services and the nature of the data/information that Customer is transmitting or receiving via the Services where such examination is necessary: (i) to protect and/or safeguard the integrity, operation and functionality of Incommsec’s (and neighbouring) networks; and/or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests.
8.3          For the purposes of Clause 11.9, any breach by Customer of the provisions of this Clause 8 shall be deemed a material breach of this Agreement and of the relevant Contract.
8.4          Customer shall indemnify Incommsec, its representatives, agents and subcontractors in respect of all and any proceedings, actions, liabilities and claims brought or threatened in connection with Customer’s breach of this Clause 8 (‘Claims’) and in respect of all and any costs, losses, damages, expenses (including legal expenses), fines and penalties incurred by Incommsec directly or indirectly in connection with such Claims.

9                Service Suspension/Alteration:
9.1          Without prejudice to its other rights or remedies hereunder or generally at law, Incommsec may suspend provision of the Services or any part thereof without liability to Customer;
9.1.1          Forthwith on written notice to Customer (i) where Incommsec believes Customer is in breach of Clause 8; and/or (ii) where Incommsec has a right to terminate the Agreement or any Contract, irrespective of whether it has exercised such right; and/or (ii) in the circumstances set out in Clause 7.9.1.
9.1.2          As provided in Clauses 9.3 and 10.3; and /or
9.1.3          Temporarily with as much notice as is reasonably practicable in the circumstances where such suspension is required for operational or technical reasons as provided in Clauses 9.4 and 9.5. Incommsec shall reinstate the Services suspended under this Clause 9.1.3 as soon as reasonably practicable.
9.2          Incommsec shall reinstate Service suspended under Clause 9.1.1 in its absolute discretion which shall in any event be subject to payment by Customer of a charge of £150. If Incommsec has not reinstated a Service suspended under Clause 9.1.1 within a period of thirty (30) days from the date of suspension, the Contract relating to such Services shall be deemed terminated and the provisions of Clause 11.11 shall apply.
9.3          Incommsec shall be entitled to Cease or modify a Service, without any liability whatsoever, if any licence or authorisation which Incommsec requires in order to provide that Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is materially detrimental to the Service, Customer shall have the right to terminate the Contract in question by notice to Incommsec, such notice to have immediate effect.
9.4          Temporary changes may be made to the Network or the technical specification of a Service from time to time for operational or technical reasons. If these changes will be materially detrimental to the Service Incommsec will use reasonable endeavours to inform Customer in advance.
9.5          For purposes of providing new installations, updating facilities and general maintenance, scheduled downtime will occur from time to time and:
9.5.1          Incommsec will use reasonable endeavours to provide at least seven (7) calendar days notice of any scheduled maintenance.
9.5.2          Where emergency maintenance is required, Incommsec will give as much notice as is reasonably practicable and will explain why the maintenance is necessary and why short notice has to be given. On rare occasions it may only be possible to give this notification after the emergency maintenance has taken place.

10             Charges and Credit Terms:
10.1        Invoices shall be issued by email to the accounts email address supplied to Incommsec on the Order Form. It is Customer’s responsibility to ensure a valid email address is maintained for this purpose. Incommsec shall not be liable for service disruption as a result of the failure to maintain this email address.
10.2        Customer accepts that it may be subject to Incommsec’s credit control procedures. Incommsec may perform a credit check and acceptance by Incommsec of an Order may be subject to payment of a security deposit or to payment, prior to Activation, of all Charges due in respect of the Initial Term. Any security deposit paid by Customer to Incommsec shall be held by Incommsec as security for payment of the Charges and of any other amounts due under this Agreement. On termination of a Contract or this Agreement, Incommsec may apply the security deposit against any amounts owed by Customer to Incommsec, with the balance being refunded to Customer. Security deposits paid by Customer shall not attract interest.
10.3        In the following cases, Incommsec shall be entitled to impose a credit limit on Customer and/or require payment of an increased security deposit and on written notice to Customer suspend or withhold any Services in excess of the credit limit or security deposit:
10.3.1        Where Customer suffers a material and negative change in its financial or trading condition or in its credit rating; and/or
10.3.2        Where Customer has failed to make payment of an undisputed amount when due.
10.4        Incommsec only accepts payment by cheque, standing order, Direct Debit or electronic payment i.e. BACS.
10.5        Prices stated or quoted by Incommsec do not include VAT which may be invoiced and shall be payable at the then prevailing rate.
10.6        Incommsec may invoice Customer for the Activation Charges and the first instalment of the Recurring Charges at any time following processing of the Order. Activation of the Services shall be subject to payment by Customer of this invoice. Thereafter, the Recurring Charges shall accrue daily with effect from the Activation Date and shall be invoiced in advance at the frequency agreed on the Order.
10.7        Customer shall make payment of all amounts duly invoiced under this Agreement within thirty (30) calendar days of the invoice date, such payment to be made in full, without deduction or withholding except as required by law. Save as specifically permitted by Incommsec by way of credits under Clauses 13 and 14, Customer shall not be entitled to any credit, set- off or counterclaim against Incommsec.
10.8        Services invoiced monthly can only be paid via direct debit, setup at the time of order.
10.9        Incommsec shall provide a minimum of 10 calendar days notice of its intention to take each direct debit payment.
10.10      In relation to Charges which Customer agrees shall be paid by direct debit, Customer shall ensure that it has sufficient funds available for collection of each direct debit payment and shall not cancel such direct debit instruction or take or fail to take any other action that results in payment failure. Any failure to comply with these provisions may result in suspension of Services under Clause 9.1 and shall incur an additional processing fee of £75.
10.11      Where Customer disputes any amount due under an invoice Customer shall notify Incommsec in writing within five (5) Working Days of date of issue of the relevant invoice, such notification to provide a detailed account of why the invoice is disputed, including all calculations, and:
10.11.1      The undisputed sum shall be payable in accordance with Clause 10.7 and the parties shall act in good faith and use reasonable endeavours to resolve the disputed sum within ten (10) Working Days of notification of the dispute by Customer; and
10.11.2      if the dispute is not resolved within the ten (10) Working Day time period, Incommsec may exercise all rights and remedies at law or hereunder including but not limited to suspension of the Service.
10.12      Incommsec may, at its sole discretion, charge interest on any overdue amounts payable from the due date until the date of payment in full, whether before or after judgement, at the rate of five (5) percent per annum above the base rate of LloydsTSB Banking Group plc.
10.13      Incommsec will also charge for debt collection should it be necessary, following failure to pay by Customer. This will be carried out by an agency registered with the Office of Fair Trading. In this event Customer accepts additional charges will be levied to cover the costs of the debt collection agency.

11             Term and Termination:
11.1        This Agreement commences on the date signed by the Customer and shall continue unless and until terminated in accordance with this Clause 11.
11.2        Each Contract commences upon the Order Committed Date and shall continue for the Initial Term and thereafter unless and until terminated in accordance with Clause 9.2 or this Clause 11.
11.3        Subject to the following provisions of this Clause 11 and adhering to Clauses 3 & 4 (Term/Renewal & Termination respectively) of the Master Service Agreement either Incommsec or Customer may terminate the Contract by not less than ninety (90) days’ written notice, such notice to be presented before the end of the Initial Term.
11.4        Incommsec will not accept any termination request where overdue invoices remain unpaid. Overdue invoices must be settled in full prior to a termination notice being effective. Current invoices shall not prevent termination provided they are within the payment term.
11.5        Customer shall not be entitled to terminate a Contract for any Service suspended under Clause 9.1.1 and any notice purporting to terminate the same shall be of no effect. Charges will continue to accrue during the period of suspension unless and until the Contract is deemed terminated under Clause 9.2.
11.6        If there is a valid dispute on any final invoice, such dispute must be notified in writing to [email protected] in accordance with Clause 10.11. Any credit due will be applied to the final invoice before cease. If a refund is due, this will be paid by Incommsec by BACS transfer once a service has ceased to a nominated bank account supplied in writing by the customer.
11.7        Written notice of cancellation must be made by email to: [email protected] and the nominated Incommsec account manager. Notification via telephone or by email to any other address will not be accepted.
11.8        Incommsec will acknowledge Customer’s cancellation notice within five (5) Working Days and notify Customer of any final charges or outstanding balance on Customer’s account. If Customer does not receive acknowledgement within five (5) Working Days, Customer must contact Incommsec to confirm that the cancellation request has been received.
11.9        Incommsec may terminate a Contract and/or this Agreement by written notice, to take effect forthwith if:
11.9.1        Customer commits a material breach of any Contract or this Agreement and if capable of remedy such breach is not remedied within a period of seven (7) days;
11.9.2        Customer has provided inaccurate or misleading information concerning its registered details or financial standing, is likely to defraud Incommsec or create disruption or harm to the Incommsec Network;
11.9.3        Customer fails to pay any overdue amount within thirty (30) days of the date of a reminder notice and/or fails at any time to comply with Clause 10.10;
11.9.4        Customer fails to pay its debts when they become due;
11.9.5        Any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against Customer, or for Customer’s winding-up or dissolution, or any similar action or steps are taken in relation to Customer and such action or steps are not withdrawn within 7 calendar days; and/or
11.9.6        An administrator, administrative or other receiver or trustee or similar officer is appointed over Customer or any event occurs or proceedings are taken in any jurisdiction to which Customer is subject which has an effect equivalent or similar to those set out in Clauses 11.9.5 or 11.9.6.
11.9.7        Any breach of the AUP is committed.
11.10      Notice of termination by Incommsec to Customer may be made by email to the primary accounts contact stated on the Order or registered with Incommsec if updated since time of Order.
11.11      On termination or expiry of a Contract or of this Agreement, howsoever occasioned:
11.11.1      All amounts invoiced to Customer under that Contract or this Agreement shall become immediately due and payable;
11.11.2      In respect of a termination by Incommsec under Clause 11.9 which takes effect during the Initial Term, Customer shall immediately become liable for all Recurring Charges scheduled for payment during the remainder of that Term (which amount Customer agrees represents a reasonable pre-estimate of Incommsec’s losses and is not onerous or a penalty);
11.11.3      Customer shall permit Incommsec, its authorised representatives, agents and subcontractors access to each Customer Location to remove the Service Equipment; and
11.11.4      Such termination or expiry shall be without prejudice to the accrued rights and liabilities of either party.
11.12      Termination of this Agreement shall automatically effect termination of all Contracts.
11.13      ADSL based services can be migrated to another supplier.
11.13.1      Customer can request a MAC by email to: [email protected] or in writing to: Migration Department, Incommsec, 19/21 Swan Street, West Malling, ME19 6JU on Customer’s letter headed paper;
11.13.2      Incommsec will acknowledge receipt and will issue a MAC within five (5) Working Days of receipt of request;
11.13.3      Migration of a Service to another provider does not constitute termination of Contract. Customer must follow cancellation procedure in clause 11.3 to terminate the Contract;
11.13.4      Customer may migrate a service to another provider whilst still within Term, however all Charges for the full Term will remain liable and will be payable immediately upon migration to another provider;
11.13.5      Customer must notify [email protected] when a Service has successfully migrated to another provider and confirm date of migration.

12             Support and Fault Finding:
12.1        Customer shall report all faults to Incommsec’s support team using the procedure detailed in clause 12.2. Incommsec will respond and resolve each fault in accordance with the Service Level Agreement detailed in clause 13.
12.2        To report a fault Customer must email [email protected] or call the nominated account manager.
12.3        Incommsec shall allocate each reported fault a fault reference number, which must be used in all further dealings concerning that fault.
12.4        Incommsec’s support engineers will diagnose the fault remotely. Customer shall carry out all checks requested by Incommsec to help diagnose and resolve a fault, including but not limited to first line checks, such as checking router status - power, carrier (Sync or CD light etc), testing with new cabling and filters as necessary, rebooting site equipment and removing faceplate on BT NTE5 master sockets. Additional checks, such as plugging a PC or laptop directly into the NTE may be necessary. Customer shall provide all assistance and carry out all checks requested by Incommsec promptly and in accordance with Incommsec’s reasonable instructions.
12.5        As part of the diagnosis, Incommsec may require Customer to replace the modem and NTE. In such case, the following shall apply:
12.5.1        If Incommsec originally provided this equipment and it is still within Warranty, Incommsec will ship out replacement parts to test with by Next Business Day courier, providing the fault is identified by 3pm. Hardware faults identified after 3pm may not arrive until the subsequent business day;
12.5.2        When hardware provided by Incommsec is outside Warranty Incommsec will still offer to ship replacement parts, on the basis that Customer pays the cost of replacement;
12.5.3        When hardware is loaned to Customer by Incommsec for the purposes of diagnostics Incommsec shall immediately invoice Customer for the hardware, shipping and configuration. Customer agrees and undertakes to return the hardware, or the original faulty hardware, to Incommsec in a resalable ‘as new’ condition within ten (10) calendar days. Upon receipt of the returned hardware Incommsec as described Incommsec will issue a credit note for the invoice. If Incommsec does not receive the hardware back within this time period the invoice shall become immediately payable; and
12.5.4        All hardware must be returned to Incommsec at Customer’s own cost.

13      Service Level and Service Credits:
13.1        Incommsec will provide a telephone support system available during business hours (09:00 to 17:30 hours) of the day and every working day without exception. All support calls will be investigated within 4 hours from receipt of the call.
13.2        Incommsec undertakes to provide Internet access with Network Availability 99.9% of the time or 99.99% with PureFluid or Advance services. Should the service experience Service Failure Incommsec sets out the following target repair times ‘TTR’ (Target Time To Repair), each running from the time Customer notifies Incommsec of the fault in accordance with Clause 12.2:
13.2.1        Leased Lines (not DSL based) within 4 hours;
13.2.2        PureFluid, Advance and all SDSL products within 5 hours;
13.2.3        BURST/ VOX 2.0 within 5 hours;
13.2.4        ADSL 1:1 and SDSL 10:1 products within 21 hours
13.2.5        VOX 0.8, VOX 1.3, BURST Lite and ADSL Max within 21 Working Hours;
13.3        Subject to Clauses 13.4 to 13.7, in the event of the TTR exceeding the periods set out above, Customer shall be entitled to service credits. Service credits shall be calculated on a monthly basis and shall be paid on the duration of the Service Failure in excess of the TTR at the rate of twice the hourly charge per hour (subject to maximum of £100 per day) for a maximum of 30 consecutive days. Hourly charge is calculated by dividing the annual Service Charges (excluding any hardware and setup fees) by 8640.
13.4        Delays in identifying or repairing the fault attributable to the Customer, through its breach of Clause 12.4 or otherwise, shall be disregarded in the calculation of credits.
13.5        To receive service credits Customer must email [email protected] (quoting the support ticket number and Customer’s account code) within one (1) calendar month following the closure of the support ticket. Thereafter entitlement to service credits shall cease. Customer shall not be entitled to service credits:
13.5.1        where Customer has failed to make payment of any Charges when due and those Charges remain outstanding at the time the right to receive a credit arises; and/or in respect of any period during which a Service is unavailable as provided in Clauses 9.4 and 9.5.
13.6        Service credits do not apply to failures of Service Equipment. Incommsec shall use reasonable endeavours to minimise disruption caused by faulty hardware, but service credits will only be paid on the ‘wires only’ part of the Service.
13.7        The service credits set out in this Clause 13 and Clause 14 do not come into effect until after the Service has been successfully connected to the Network for the first time.
13.8        If the service is described as ‘Leased Line’ or ‘1:1 contention ratio’ on the Order then Incommsec shall ensure that the service will be uncontended at every stage of delivery. Customer’s remedy for any failure of the Service in this respect shall be the service credits set out in this Clause 13. All other products will be guaranteed at their specific contention ratios described in Clause 20.
13.9        In the event that any Service Failure is attributable to the Customer or to its equipment, Incommsec shall be entitled to invoice Customer for any costs reasonably incurred in investigating the matter.
13.10      It is technically impracticable to provide a 100% fault free Service and Incommsec does not warrant or undertake to do so. Where offered in relation to a Service, Customer agrees that the service credits stated in this Clause 13 and Clause 14 are paid in full and final settlement and satisfaction of Incommsec’s liability in respect of any faults or Service Failures. Where neither a TTR nor service credits are offered in relation to a Service, Incommsec’s obligation in relation to faults or Service Failures shall be to remedy such faults or Service Failures as soon as reasonably practicable. The payment of service credits and undertaking to repairs faults and Service Failures set out in this Clause 13.10 constitute Customer’s sole and entire remedy in contract, tort (including negligence) or otherwise for such faults or Service Failures.

14             LIABILITY
14.1        Nothing in this Agreement shall exclude or limit Incommsec’s liability (i) for death or personal injury caused by or arising from negligence; or (ii) for fraud or fraudulent misrepresentation.
14.2        Subject to Clause 15.1, Incommsec’s maximum aggregate liability to Customer in contract, tort (including negligence or breach of statutory duty) or otherwise arising under or in connection with each Contract during a period of 12 months from Activation and each successive 12 month period shall be limited to the Recurring Charges payable by Customer under that Contract in respect of that period.
14.3        Except in respect of the Service Credits stated in Clauses 13 and 14, Incommsec is not liable, and will not be liable in any circumstances for any loss or damage, whether direct or indirect, which results or may result from:
14.3.1        Customer’s access to, or inability to access, the internet or use therefore for any purpose whatsoever; and/or any reliance on or use of information, service or goods purchased on or through the Service or the internet.
14.4        Subject to Clause 15.1, but notwithstanding anything else in this Agreement, Incommsec shall not be liable in contract, tort (including negligence or breach of statutory duty) for:
14.4.1        the receipt of infringing information of whatever nature transmitted via the Service;
14.4.2        loss of, damage to or corruption of data, or files, stored, transmitted or used on the Service or the Incommsec Network;
14.4.3        loss or damage suffered by Customer as a result of any virus or other hostile computer program, denial of service, spamming, or hacking being introduced via the Service;
14.4.4        any loss of actual or anticipated profits, loss of contracts, downtime costs, loss of opportunity, loss of reputation, loss of the use of money, loss of business, loss of goodwill, loss of anticipated savings or wasted expenditure; and/or
14.4.5        any indirect, incidental, special or consequential loss or damage.
14.5        Customer agrees that (i) the level of the Charges has been calculated on the basis of the above limitations and exclusions; and (ii) it is advised to obtain insurance in respect of any liability excluded by Incommsec hereunder including but not limited to the loss or corruption of data; and (iii) the above exclusions and limitations are reasonable in light of the Charges and Services provided.

15             GENERAL TERMS
15.1        This Agreement and each Contract contains the entire agreement between the parties in respect of the Services and supersedes and replaces any prior written or oral agreements, representations or understandings.
15.2        Save as expressly set out in this Agreement or any Contract and subject to Clause 15.1, all representations, warranties, conditions or other terms (whether written or oral, express or implied by statute, common law or otherwise) including, without limitation, implied terms as to fitness for purpose, quality or merchantability are hereby excluded and Customer confirms that it has not entered into this Agreement or any Contract on the basis of the same.
15.3        If any provision of this Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable.
15.4        Incommsec shall not be liable for any delay or failure in performance of its obligations to the extent that such delay or failure is attributable: (i) to Force Majeure; or (ii) to the delay, act, omission or default of the Customer.
15.5        Incommsec may assign the benefit and/or burden of this Agreement upon notice to Customer.
15.6        Incommsec’s failure to exercise or enforce, or any delay in exercising or enforcing, any right or benefit conferred by this Agreement 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.
15.7        For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to and does not give any person who is not party to it any right to enforce any of its provisions.
15.8        Customer shall: (i) keep all Confidential Information confidential; (ii) shall disclose Confidential Information only to its personnel having a need to know for the purposes of this Agreement; and (iii) shall use Confidential Information only for the purpose of exercising its rights or performing its obligations hereunder.
15.9        Customer shall keep confidential all passwords, logon codes and other access methods. Incommsec shall not be liable for any disclosure by Customer of the same, whether intentional or otherwise.
15.10      This Agreement may be amended, modified or varied only by an agreement in writing signed by a duly authorised representative of the parties.
15.11      BANDWIDTH USAGE BILLING – FIXED SPEED AND 95TH PERCENTILE
15.11.1      Internet access services are provided by Incommsec on either a fixed speed or 95th percentile (usage billing) basis
15.11.2      Fixed Speed Services. Incommsec will restrict the speed of Internet connection to the agreed bitrate. Customer has unlimited use of the Internet connection at that speed, with no charges for data transferred.
15.11.3      95th Percentile bitrate (Mb/s). Approximately every five minutes, Incommsec will capture the number of bits passed through your port in either direction and store the average bandwidth utilization (in bits/sec) since the last capture. That bitrate, measured as the sum of traffic IN and traffic OUT of the port, becomes a single sample. These samples are stored for a period of one month. At the end of the month, all of the data samples (around 8000) are put in order from highest to lowest and the top 5% are discarded. The highest remaining data sample will then be referred to as the "95th Percentile" rate used for billing purposes. Clients therefore will NOT be charged for Internet spikes.
15.12      Connection Monitoring. Certain problems can be proactively detected by Incommsec, while others are detected by the customer experiencing the problem. Whenever monitoring indicates a problem with the connection, Incommsec will notify the Customer’s Technical Contacts and begin problem determination and resolution.
15.13      Network Status Updates. Incommsec maintains an e-mail list to notify customers about planned changes to the network, current outages and problems. Incommsec should be kept advised of Customer contact email addresses for this purpose.
15.14      Facilities Specifications. If requesting Incommsec installation or maintenance of CPE, Customer must provide facilities suitable for the location of the equipment. General requirements are as follows:
15.14.1      Power: 220-240VAC electrical service, four receptacles, 13A minimum Temperature: 70 degrees nominal, acceptable range 40-90 degrees Humidity: 40% nominal, acceptable range 0% - 90% non-condensing. Specific physical and environmental requirements for each type of standard equipment are available from Incommsec. In addition, Customer shall provide all equipment and other facilities required to interface with the CPE, including the appropriate local area network connection. Customer shall provide all necessary preparations required to comply with Incommsec’s installation and maintenance specifications. Everything to be provided by the Customer is herein called the “Facilities” and the cost of obtaining, installing and maintaining the Facilities is the sole responsibility of the Customer.
15.15      Maintenance of Facilities. Customer shall maintain the Facilities to continuously meet the Facilities Specifications. The Customer is responsible for providing physical security and safety for the CPE and the Facilities. All costs of performing the maintenance and other requirements of this paragraph shall be the responsibility of the Customer.
15.16      Relocation of Equipment or Service. Any cost of relocation of Service once installed by Incommsec is the responsibility of Incommsec, unless such relocation arises from a change of Customer requirement or Customer request.
15.17      Access by Incommsec. Customer shall provide to Incommsec and to suppliers of communications lines reasonable access to Customer’s premises to perform any acts required by this Agreement. Access may be required for many reasons, including the installation, maintenance, and modification of the CPE, the Facilities or the local fibre cabling.

16             DATA PROTECTION
16.1        Incommsec may store and process personal data provided on the Order for its internal use and for the purposes of providing the Services. From time to time Incommsec may contact Customer about future Incommsec products and services and may pass such personal data to respected organisations selected by Incommsec. Customer may opt-out of receiving mailings by contacting Incommsec at [email protected]

17             GOVERNING LAW
17.1        This Agreement shall be governed and construed in accordance with English law, and the Parties irrevocably agree to the exclusive jurisdiction of the English courts.

18      DEFINITIONS
Save as otherwise provided, capitalised terms used in this Agreement shall have the meanings ascribed thereto below:
‘3G’ stands for 3rd generation mobile data network. Should 3G not be available slower 2G services will be offered where coverage allows. ‘Account Manager’ means the nominated Incommsec sales representative who provided the quotation for the Services and is Customer’s general point of contact at Incommsec;
‘Activation’ occurs when Incommsec notifies Customer that the relevant Service is available for use and ‘Activated’ shall be construed accordingly;
‘Activation Charges’ mean those amounts payable by Customer to Incommsec for the connection and Activation of a Service as set out in the relevant Order;
‘Activation Date’ in relation to a Service provided under any Order means the date that Service is Activated;
‘Agreement’ means these terms and conditions;
‘Bandwidth’ means the rate, in bits per second, which data packets can be transferred over the Service. This is always quoted in bits per second (bps), never Bytes per second (Bps) and does not factor in packet overheads; ‘BT’ means BT Group PLC and includes BT Retail, BT Wholesale and BT Openreach and any other sub-divisions as necessary;
‘Cease’ is an instruction to terminate the Service;
‘Charges’ means the Activation Charges and the Recurring Charges and any other charges set out in the Order or otherwise payable hereunder;
‘Confidential Information’ means all information, whether provided in writing, digitally or orally, concerning Incommsec’s business, methods, processes, know- how, and pricing which is not publically known;
‘Contention’ means the maximum possible reduction in throughput on a particular product. VOX 0.8/1.3/BURST have a guarantee of 5:1, VOX 2.0/SDSL Leased Line/Leased Line have a guarantee of 1:1, SDSL delivered using the BT network has a guarantee of 10:1;
‘Contract’ means these terms and conditions together with an Order as provided in Clause 1.3;
‘Customer Location’ means any premises controlled by the Customer at which the Services are to be provided;
‘Data Usage’ in relation to 3G services will be rounded to the nearest MB, where 1 MB is equal to 1,048,576 bytes. This will include download and upload combined.
‘Fixed-Rate’ refers to a Service which always operates at a specified Bandwidth, such as SDSL and leased line Services;
‘Incommsec’ means Incommsec Ltd incorporated in England under number 7351167, whose registered office is at 19/21 Swan Street, West Malling, ME19 6JU:
‘Force Majeure’ means acts of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act, omission, instruction or requirement of any governmental or regulatory authority (including refusal or revocation of any licence, authorisation or consent), fire, explosion, flood or bad weather, power failures, the delayed provision, withdrawal or failure of supplier or subcontractor services not attributable to Incommsec’s default, theft, malicious damage, strike, lockout or industrial action of any kind and any cause or circumstance whatsoever beyond the reasonable control of Incommsec;
‘Initial Term’ means the period stated on the Order or if not so stated in relation to each service means the following periods from Activation: (i) Connectivity: twelve (12) calendar months for PureFluid products; three (3) calendar months for BURST, BURST Lite, VOX 2.0/1.3/0.8 and ADSL Max; twelve (12) calendar months for all SDSL and PULSE products; sixty (60) calendar months for Leased Line Orders; (ii) Colocation: 1 calendar month; (iii) Remote Backup: 1 calendar month;
‘MAC’ means Migration Authorisation Code, unless otherwise stated;
‘Modem’ means the device to be installed at Customer’s premises between the Service and Customer’s local infrastructure, typically the router, DSL modem and line filter or adapter;
‘Network’ means the telecommunications network owned and/or operated by Incommsec and includes any third party networks used by Incommsec to provide the Services;
‘Network Availability’ refers to the ability of the Modem, when correctly connected and configured, to ping one of Incommsec’s or third party DNS servers;
‘NTE’ means Network Terminating Equipment, commonly referred a BT wall socket or master socket, but can also be a router or switch;
‘Order’ shall mean a completed Incommsec order form for the Services, signed by an authorised representative of Customer;
‘Order Committed Date’ means the date defined in Clause 1.3;
‘PSTN line’ stands for public switched telephone network and is used in this instance to refer to an analogue BT telephone line;
‘Rate-Adaptive’ refers to a Service where the Bandwidth varies according to line length and copper quality conditions and can fluctuate, such as ADSL and BURST;
‘Recurring Charges’ means those amounts payable by Customer to Incommsec on a recurring basis for provision of the Service as set out in the relevant Order and excludes installation, set-up or other one-off charges;
‘Service(s)’ means the service(s) specified on the relevant Order, as described in Clause 4;
‘Service Equipment’ means all and any equipment provided and/or installed by Incommsec in connection with the Services;
‘Service Failure’ The Service will be considered to have failed if Customer has raised a support call and the modem, when correctly connected and configured, does not respond to Pings or SNMP polling from Incommsec or a BT line test indicates a fault;
‘Sync Rate’ is the rate in bits per second (b/s) at which the Service can transmit and receive packets;
‘Warranty’ in relation to any equipment means any warranty offered in respect of that equipment by the relevant manufacturer or supplier;
‘Working Day’ means any day not being a Saturday or Sunday on which commercial banks are open for business in the City of London; and
‘Working Hours’ means the hours between 0900 and 1700 on any Working Day.

19      Signature:

S I G N E D   A N D   A G R E E D   B Y   C U S T O M E R
Full Legal Name of Customer__________________________________________________________
Customer company registered no.______________________________________________________
By (Authorized Customer Signature)____________________________________________________
Name and Title (printed)______________________________________________________________
Date______________________________________________________________________________

S I G N E D   A N D   A G R E E D   B Y   I N C O M M S E C
Full Legal Name of Company ______Incommsec Limited__________________________________
Incommsec company registered no.__7351167___________________________________________
By (Authorized Customer Signature)____________________________________________________
Name and Title (printed)____Mr Michael Q. Hainsworth, Director______________________________
Date______/_____/201  _____________________________________________________________