Terms & conditions
Conditions for BT Wi-fi Service (including BT Openzone)
- 1 Interpretation
- 2 Commencement of this Contract
- 3 Provision of the Service
- 4 Duration
- 5 Connection of Equipment to the Service
- 6 Access to Sites and the Service
- 7 Use of the Service
- 8 Intellectual Property Rights
- 9 Intellectual Property Right Indemnities
- 10 Confidentiality
- 11 Charges and Deposits
- 12 Limitation of Liability
- 13 Matters Beyond the Reasonable Control of Either Party
- 14 Escalation and Dispute Resolution
- 15 Cancelling this Contract before the Service has been used
- 16 Ending the Contract after the Service has been used.
- 17 Breaches of this Contract
- 18 Changes to this Contract
- 19 Export Control
- 20 Transfer of Rights and Obligations
- 21 Entire Agreement
- 22 Notices
- 23 Severability
- 24 Law and Jurisdiction
- 1 Definitions
- 2 Service Description
- 3 Delivery of the Service
- 4 Customer Responsibilities
- 5 Use of the Service
- 1 Definitions
- 2 Charges for the per minute Service
- 3 Charges for the BT Openzone and BT Wi-fi Subscription Service
- 4 Charges for the BT Openzone Corporate Plan
- 5 Charges for the BT Openzone and BT Wi-fi voucher service
In this Contract:
“us”, “we” or “our” means BT and ”you” or “your” means the Customer. The “parties” means both BT and the Customer.
"Acceptable Use Policy" means BT's policy for the use of the Service, a copy of which will be available on the BT Wi-fi Web Page.
"BT" means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ, registered in England No. 1800000.
"BT Group Company" means a BT subsidiary or holding company including a holding company, or a subsidiary of any such holding company, all as defined by Part 38, Section 1159 of the Companies Act 2006.
"BT Wi-fi Partner" means a third party that owns or controls a Site which has BT's public Wi-Fi service installed on it. These third party Sites (or "hotspots") are listed on the BT Wi-fi Web Page.
“Charges Schedule” means the schedule incorporated into these terms that sets out any terms applicable to the charges that shall be paid by the Customer;
“Conditions” means the terms of this Contract contained within clauses 1 to 24;
"Contract" means, in order of precedence, these Conditions, the Service Schedule, the Charges Schedule, the Order Form and/or any terms which are notified to you via the online ordering process on the BT Wi-fi Web Page.
"Customer" means the person using the Service. We may accept instructions from another person who we reasonably believe is acting with your authority or knowledge.
“Fair Use Policy” means the rules for using specific products that you must comply with when using the Service. The policy and the products it applies to can be found on the BT Wi-fi Web Page.
"Minimum Period" means the period set out on the Order Form beginning on the Operational Service Date or any other minimum period specified on the Order Form. The Minimum Period shall not apply you purchasing the voucher or per-minute Service.
"Operational Service Date" means the date when the Service is first made available to you or the date when you first start to use the Service, whichever is the earlier.
“Order Form” means the paper form signed by both parties for the provision of Service or the online ordering process completed by you for provision of Service.
"Service" means the service described in paragraph 2 of the Service Schedule to this Contract.
“Service Schedule” means the schedule incorporated into these terms that set out the Service that shall be provided to you.
"Site" means each physical location which has the radio access points offering the Service.Back to top
2 Commencement of this contract
This Contract begins on the Operational Service Date, or the date upon which you have completed the online ordering process and/or we have accepted payment for the Service, whichever is the earlier.Back to top
3 Provision of the service
3.1 We will provide the Service to the Customer on the terms of this Contract.
3.2 We will use reasonable endeavours to provide the Service by the date agreed with the Customer, but all dates are estimates and we have no liability for any failure to meet any date.
3.3 We will provide the Service with the reasonable skill and care of a competent telecommunications service provider.
3.4 We will use reasonable efforts to provide uninterrupted Service but from time to time faults may occur, which BT will repair as soon as reasonably practicable.
3.5 Occasionally we may:
- for operational reasons, change the codes or the numbers used by us for the provision of the Service or the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service;
- give you instructions which we believe are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by us to you or any other customer; or
- temporarily suspend the Service because of an emergency or for operational maintenance or improvements. Service will be restored as soon as reasonably practicable.
Before doing any of these things we will give you as much notice as reasonably possible.Back to top
4.1 The Service will continue for the period of time notified to you on a paper Order Form or during the online ordering process and may vary depending on what type of product you have purchased from us.
4.2 If the product ordered has a Minimum Period as a condition of the contract then upon expiry of the Minimum Period the Service will continue to be provided to you on the terms of this Contract unless terminated in accordance with the Conditions.Back to top
5 Connection of equipment to the service
5.1 You must ensure that any equipment:
- connected to or used with the Service must be connected and used in accordance with any applicable instructions, safety and security procedures; and
- attached (directly or indirectly) to the Service is compliant with any relevant legislation.
6 Access to sites and the Service
6.1 We do not authorise or guarantee access to any of the Sites for you to use the Service or guarantee that Service will continue to be available from a specific Site.
6.2 We cannot guarantee access to the Service at a Site or all areas of the Sites, as the network coverage at the Site will be proportionate to the number of Wi-fi access points, their location and the environment in which they are installed, atmospheric and radio interference and any technical limitations applicable to our equipment or your equipment.Back to top
7 Use of the Service
7.1 It is your responsibility to obtain and keep in force any licence necessary for you to use the Service in any country in which it is provided.
7.2 The Service must not be used in any way that:
- does not comply with the terms of any legislation or any licence applicable to the you or that is in any way unlawful;
- does not comply with any instructions given under paragraphs 3.5(b) and 5.1 or any other public telecommunications operator or other competent authority, in any country where the Service is provided.
7.3 You must indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because the Service is used in breach of paragraphs 7.1 or 7.2
7.4 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings and have due regard to your representations.
7.5 You will use the Service in accordance with our Acceptable Use Policy and where applicable to the product type the Fair Use Policy both of which can be found on the BT Wi-fi Web Page.Back to top
8 Intellectual property rights
8.1 Where software is provided to enable you to use the Service, we grant you a non-exclusive, non-transferable licence to use the software for that purpose.
8.2 You will not, without our prior written consent, copy, decompile or modify the software, nor copy the manuals or documentation (except as permitted by law).
8.3 You will sign any agreement reasonably required by the owner of the copyright in the software to protect the owner's interest in that software.Back to top
9 Intellectual property rights Indemnity
9.1 We will indemnify you against any claims and proceedings arising from infringement of any intellectual property rights through our provision of the Service to you. As a condition of this indemnity you must:
- notify us promptly in writing of any allegation of infringement;
- make no admission relating to the infringement;
- allow us to conduct all negotiations and proceedings in respect of any such claims and give us all reasonable assistance in doing so (we will pay your reasonable expenses for such assistance); and
- allow us to modify the Service, or any item provided as part of the Service, as set out in paragraph 9.4.
9.2 The indemnity in paragraph 9.1 does not apply to infringements caused by the use of the Service in conjunction with other equipment, software or services not supplied by us or to infringements caused by designs or specifications made by, or on behalf of you. You will indemnify us against all claims, proceedings and expenses arising from such infringements.
9.3 The limitations and exclusions of liability contained in paragraph 12 do not apply to this paragraph.
9.4 If the Service becomes, or we believe it is likely to become, the subject of a claim of infringement of any Intellectual Property Rights we, at our option and expense, may secure for you a right of continued use or modify or replace the Service so that it is no longer infringing, provided that the modification or replacement does not materially affect the performance of the Service. If the indemnity in clause 9.1 applies and none of the remedies in this clause is available to us on reasonable terms, we may notify you and terminate the Service without liability to you.Back to top
10.1 The parties will keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under this Contract and will not, without the written consent of the other party, disclose that information to any person (other than, in the case of BT, the employees of a BT Group Company or their suppliers, who need to know the information).
10.2 This paragraph 10 will not apply to:
- any information which has been published other than through a breach of this Contract;
- information lawfully in the possession of the recipient before the disclosure under this Contract took place;
- information obtained from a third party who is free to disclose it; and
- information which a party is requested to disclose and, if it did not, could be required by to do so by law.
10.3 This paragraph 10 will remain in effect for 2 years after the termination of this Contract.Back to top
11 Charges and Deposits
11.1 The charges for the Service will be calculated in accordance with the Charges Schedule. Unless otherwise stated, charging will begin on the Operational Service Date. Charges for use of the Service will be calculated in accordance with the details recorded by, or on behalf of us.
11.2 All charges will be invoiced and paid in pounds sterling unless otherwise stated in the Charges Schedule. Value Added Tax or any other applicable in country sales, use tax or like charge in a country where the Service is provided, which is payable by the Customer will be added to our invoices as appropriate.
11.3 You will pay the charges within 14 days of the date of our invoice. We may charge daily interest on late payments at a rate equal to 4% per annum above the base lending rate of HSBC Bank plc.
11.4 If you do not pay a bill, we may instruct a debt collection agency to collect payment (including any interest and/or late payment charges) on its behalf. If we instruct an agency, you must pay us an additional sum. This will not exceed the reasonable costs we have to pay the agency, who will add the sum to your outstanding debt on our behalf.
11.5 As part of our credit management procedures, we may, at any time:
- require you to pay a deposit or provide a guarantee as security for payment of future bills by the means requested by us; and/or
- carry out a credit vet of you. You agree to provide us with any information that we may reasonably require for this.
You can obtain details of the credit reference agencies that we work with by writing to:BT Wi-fi Credit Checks
EX2 4BB Back to top
12 Limitation of liability
12.1 Unfortunately, we cannot guarantee that the Service or the Equipment we provide will never be faulty.
12.2 We do no guarantee that the Service will be compatible with all hardware and software which you use.
12.3 We shall not be liable for suspending the Service in accordance with clause 3.5 of the Conditions.
12.4 Neither you nor we exclude or restricts yours or our liability for death or personal injury caused by yours and our own negligence or the negligence of our employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or to any extent not permitted by law.
12.5 Unless otherwise expressly stated in the Contract neither party shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any direct loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other direct loss which may arise in relation to the Contract whether or not you or us were advised in advance of the possibility of such loss or damage.
12.6 Except as described in paragraphs 12.1 and 12.2, we will not pay you more than 125% of the charges you paid us or £1000 (whichever is the greater) in compensation (even if we have been negligent) in any 12-month period unless the Contract say otherwise. v
12.7 Each part of this clause operates separately. If any part of a clause is held by a Court to be unreasonable or inapplicable the rest of the clause shall continue to apply.Back to top
13 Matters beyond the reasonable control of either party
13.1 If you or us are unable to perform or are delayed in performing any obligation under the Contract because of something beyond its reasonable control including act of God, lightening, flood, exceptionally severe weather, epidemic, pandemic, fire, explosion, war, civil disorder, industrial disputes, or acts or omissions of local or central government or other competent authorities, or beyond the reasonable control of its suppliers, neither of the parties will have liability to the other for the failure of delay in performing.
13.2 In the event of:
- a refusal or delay by a third party to supply a telecommunications service to BT and where there is no alternative service available at reasonable cost; or
- the imposition of restrictions of a legal or regulatory nature which prevent BT from supplying the Service
then BT will have no liability to the Customer for failure to supply the Service.
13.3 If any of the events detailed in paragraphs 13.1 or 13.2 continue for more than 3 months either party may serve notice on the other terminating this Contract.Back to top
14 Escalation and dispute resolution
14.1 We will try to work through any disputes that you may have with us. However, if we cannot do this, you may refer the matter to any relevant service which sorts out disputes.Back to top
15 Cancelling this Contract before the service has been used
You may cancel this Contract at any time prior to the Operational Service Date. From the Operational Service Date the Consumer Protection (Distance Selling) Regulations 2000 will not apply.Back to top
16 Ending this contract after the Service has been used
15.1 Unless otherwise stated in the Service Schedule, this Contract may be ended by either party on 28 days written notice to the other.
15.2 If either party ends this Contract during the Minimum Period you will pay us the early termination charges set out in the Charges Schedule. This clause will not apply if:
- you give notice to end the Contract within three months of us notifying you of an increase to the charges or changes to the Conditions in either case to your significant detriment; or
- we end the Contract during the Minimum Period for convenience; or
- the Contract ends because either clause 9.4 or 13.3 applies.
17 Breaches of this Contract
17.1 Either party may terminate this Contract:
- immediately on notice if the other party commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or
- immediately on notice if the other party commits a material breach of this Contract which cannot be remedied; or
- on reasonable notice if the other party is repeatedly in breach of this Contract and fails to remedy the breach within a reasonable time of a written notice to do so; or
- immediately on notice if the other party is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over their assets, or if the equivalent of any such events under the laws of any of the relevant jurisdictions occurs to the other party.
17.2 If we are entitled to terminate this Contract under paragraph 17.1, we may, on giving prior notice where practicable, suspend the Service without prejudice to such rights. Where the Service is suspended under this paragraph you must pay the charges for the Service until this Contract is terminated.
17.3 If this Contract is terminated by us during the Minimum Period because of an event specified in paragraph 17.1 you must pay us, without prejudice to any other rights we may have, the termination charges specified in the Charges Schedule.
17.4 If either party delays in acting upon a breach of this Contract that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Contract that waiver is limited to that particular breach.Back to top
18 Changes to this contract
18.1 BT can change this Contract (including the charges, acceptable use policy or fair use policy) at any time and will publish any change in line with clause 18.2. It is the responsibility of the Customer to check the BT Wi-fi Web Page at regular intervals to see if the contract terms have changed.
18.2 Unless otherwise stated in the Service Schedule, BT will publish any changes to this Contract (including the charges) online at the BT Wi-fi Web Page, and/or in accordance with clause 21, as follows:
- for changes that are to the Customer's significant detriment, at least 28 days before the change is to take effect; and
- for all other changes, at least one day before the change is to take effect.
19 Export control
Provision of the Service to you may be subject to export control law and regulations. We do not represent that any necessary approvals and licences will be granted. You will provide reasonable assistance to us to obtain any necessary consents. If, through no fault of us, any necessary consents are not granted, then we can terminate this Contract or the provision of the Service under it (as appropriate) without any liability to you.Back to top
20 Transfer of rights and obligations
Neither party may transfer any of its rights or obligations under this Contract, without the written consent of the other, except that we may transfer its rights or obligations (or both) to a BT Group Company without consent.Back to top
21 Entire agreement
21.1 This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
21.2 The parties acknowledge and agree that:
- they have not been induced to enter into this Contract by any representation, warranty or other assurance not expressly incorporated into it; and
- in connection with this Contract their only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Contract and that all other rights and remedies are excluded.
21.3 The provisions of paragraphs 21.1 and 21.2 shall not affect the parties' rights or remedies in relation to any fraud or fraudulent misrepresentation.
21.4 A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.Back to top
22.1 Unless otherwise stated in this Contract, notices given under this Contract must, except for notices given under paragraphs 3.5 and 18.1, be in writing and delivered to the following addresses:
- to us at the address shown on the invoice or any address which we provide to you for this purpose;
- to you at the address to which you asks us to send invoices or the address of the Site or your primary email address or in addition if you are a limited company, its registered office.
22.2 You must inform us immediately if there is any change to any of the contact information you provided to us.Back to top
If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Contract had been executed with the invalid, illegal or unenforceable provision omitted.Back to top
24 Law and Jurisdiction
24.1 This Contract is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English courts.Back to top
In addition to the definitions included in the Conditions, the following definitions will apply to the Contract in respect of BT Wi-fi and BT Openzone products:
"BT Network" means our communications network used to provide the Service from the Site to the Internet or, if applicable, the Customer Network.
"Customer Network" means your communications network including your LAN and any intranet services.
"Helpdesk" means our contact point for fault reporting and service support.
"Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite.
"IP" means Internet Protocol.
"LAN" means local area network.
"URL" means a uniform resource locator.Back to top
2 Service Description
2.1 BT Wi-fi is a wireless data service using radio frequency to access a Site. Fixed line connections from the Site connect the Customer to the BT Network and subsequently on to the Internet.
2.2 The Service includes connection to the BT Network and if required the Internet but does not include a connection from the BT Network to any Customer Network or any services once you are connected to the Internet. Access to the Service and the Internet is provided under a number of different access products, which can be bought by you on the BT Wi-fi Web Page.
2.3 When you are located within the radio frequency coverage area of a Site you may connect to the Service using your computing equipment, and when applicable, by using a login name and password. From time to time BT may seek to restrict access to or respond to a request from a BT Wi-fi Partner to restrict access to a limited a number of websites at a BT Site. The implementation of any restricted access to a website will be at BT's sole discretion.
2.4 The Service is dependent on the suitability of your computing equipment and, if applicable, the Customer Network. Your computing equipment or the Customer Network is not provided as part of this Service.
2.5 Due to the nature of the Service you acknowledge and accepts that we do not guarantee the security of the Service against unlawful access or use. You should also ensure adequate internal security policies are implemented to stop unlawful access to or use of the Service.Back to top
3 Delivery of the Service
3.1 Depending on the access product bought by you, we may provide you with login names and passwords or PIN codes to use the Service.
3.2 We provide a list of Sites offering availability of the Service published at the BT Wi-fi Web Page.
3.3 We will provide a Helpdesk for the reporting of faults in the Service. The hours of availability of the Helpdesk will be as published at the BT Wi-fi Web Page. Upon initial fault diagnosis by us, those faults that, in our opinion, are not attributable to the Service will be referred back to the person who reported the fault.
3.4 We will take all reasonable steps to ensure that the Service meets an acceptable service standard but no specific guarantees of service standards are offered in respect of the Service. In particular we offer no guarantee or warranty for the performance of the radio signal, the Internet or the Customer Network.Back to top
4 Customer Responsibilities
4.1 You are responsible at your own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN and associated software and configurations for use with the Service.
4.2 You are responsible for the security and proper use of all login names and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. You agree that some software or equipment will not work with the Service and that it is your responsibility to ensure that it uses equipment and software which is compatible with the Service.
4.3 You must immediately inform us if there is any reason to believe that a login name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in a manner not authorised by us.
4.4 We reserve the right to suspend login names and password access to the Service if at any time we consider that there is or is likely to be a breach of security.
4.5 We reserve the right (at our sole discretion) to require you to change any or all of the passwords used by you in connection with the Service.
4.8 You must immediately inform us of any changes to the information you supplied when registering for the Service.
4.9 The Service does not prevent you implementing additional security e.g. firewalls on your equipment or networks.Back to top
5.1 The Service must not be used:
- to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
- to cause annoyance, inconvenience or needless anxiety;
- to send or provide or receive unsolicited advertising or promotional material;
- other than in accordance with the Acceptable Use Policy, the acceptable use policies of any connected networks and the Internet standards;
5.2 If you or anyone else, with or without your knowledge or approval, uses the Service:
- in contravention of paragraph 5.1 of this Service Schedule; or
- in any way which, in our opinion, is, or is likely to be, detrimental to the provision of the Service to you or any other customer and fails to take corrective action within a reasonable period of receiving notice from us,
we may treat this as a material breach of the Contract that cannot be remedied for the purposes of paragraph 16 of the Conditions.
5.3 You acknowledge that we have no control over the information transmitted via the Service and that we do not examine the use to which customers put the Service or the nature of the information they are sending or receiving. We exclude all liability of any kind in relation to such information and use.
5.4 The Service and any associated software that we provide are intended for your own use only. You must not re-sell, transfer, assign or sub-licence the Service (or any part of it) or the associated software to anyone else.
5.5 Subject to paragraph 12 of the Conditions, we are not liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including internet registration authorities) or for faults in or failures of their equipment.Back to top
"Roaming" means minutes use of the Service where access is provided via an alternative wireless data service and where we have an agreement with the alternative wireless data service provider for such access. Charges for Roaming will be charged separately at the prevailing rates.
"User" means individual users registered by you for the Service.Back to top
2 Charges for the BT Openzone “per minute” service
The charges for the Service will be as specified on the BT Wi-fi Web Page and are based on the total number of minutes used during a month. The charges are invoiced in arrears (including Roaming)
If you terminate the Contract or the Service under paragraph 15 of the Conditions, or if we terminate for your breach under paragraph 16, before the end of the Minimum Period, you agree to pay £5.Back to top
3 Charges for the BT Wi-fi Subscription Service
Charges for the Service
3.1 The charges for the Service will be as specified on the Order Form and are:
- on a per User basis;
- either for unlimited access or for time based Service charges per calendar month; and
- invoiced monthly in advance.
Any additional time based Service charges (including Roaming) will be invoiced in arrears.
3.2 Unless the Operational Service Date occurs on the 1st day of the calendar month, the charges described in 3.1 and any inclusive usage per month described in 3.1(b) will be pro rated.
3.3 If you terminate the Contract (or User accounts) under paragraph 15 of the Conditions, or if we terminate for your breach under paragraph 16, before the end of the Minimum Period, you shall pay us an amount set out in the table below.
|Product||Percentage of charges due to BT until the end of the Minimum Period|
4 Charges for the BT Openzone Corporate Plan
4.1 The charges for the Service will be as specified on the BT Wi-fi Web Page. You must register a minimum of 20 Users for the Service.
4.2 The charges are based on the total number of minutes used by the Users during a month. The charges are invoiced monthly in arrears.
4.3 If you terminate the Contract (or User accounts) under paragraph 15 of the Conditions, or if we terminate for your breach under paragraph 16, before the end of the Minimum Period, you agree to pay £5 for each User account terminated.Back to top
5 Charges for the BT Wi-fi Voucher Service
Charges for the Service using credit or debit card
5.1 You must pay in advance via credit card or debit card, the charges for the Service option selected online at the BT Wi-fi Web Page and this forms part of the Contract.Back to top