Terms & conditions
Conditions of Site Survey
This policy only applies to BT Wi-fi customers with a BT Openzone or BT Wi-fi subscription account.
- 1 Provision of the Survey
- 2 Charges and payment
- 3 Changing the Contract
- 4 Ending the Contract
- 5 Limitation of Liability
- 6 Confidentiality
- 7 General Terms
- 8 Definitions
1 PROVISION OF THE SURVEY
1.1 In consideration of BT providing a Survey at the Site(s), the Customer will receive the benefit of having a survey and quote for the provision of the Service at the Site(s).
Site Preparation and Access
1.2 The Customer agrees to prepare the Site according to any instructions BT may give in advance of the survey. The Customer will provide BT with reasonable access to the Site and relevant communications infrastructure; and provide any other information as BT reasonably requested by BT to enable to BT to complete the Survey.
1.3 The Customer will obtain any permission needed to allow BT to undertake the Survey at the Site. The Customer will also provide staff to accompany the BT staff or contractors, where required by the Site regulations.
1.4 The Customer and BT will meet each other's reasonable safety and security requirements when on the Site. If the Customer or BT damages the other's equipment it must pay for any repair or replacement needed. This does not apply where the damage results from normal use. The Customer will provide any other information as reasonably requested by BT to enable BT to complete the Survey.
1.5 BT will survey the Site and will notify the Customer of completion of the survey. BT will make available the survey completion report if requested by the Customer.
1.6 BT will try to undertake the Survey by any date agreed with the Customer, but all dates are estimates.
1.7 If the Customer delays or prevents BT undertaking the Survey at the time agreed, BT may apply reasonable additional charges and/or claim a reasonable extension to any date agreed under clause 1.6. BT will notify the Customer in writing of any additional charges, which will be payable by the Customer.Back to top
2 CHARGES AND PAYMENT
2.1 The charges are as detailed on the Order Form.
2.2 BT will send bills for any charges to the address notified by the Customer to BT.
2.3 Unless otherwise stated, charges:
- include a Survey report (where requested) within the UK.
- are exclusive of VAT which is chargeable at the applicable rate.
2.4 As part of its credit management procedures BT may at any time
- require the Customer to pay a deposit; and/or
- carry out a credit vet of the Customer. The Customer agrees to provide BT with any information that BT may reasonably require for this.
2.5 Payment is due on the date specified on the bill.
2.6 If BT does not receive payment by the due date, BT may charge the Customer daily interest on late payments at a per annum rate equal to 7% above the base lending rate of the European Central Bank for the period beginning on the date on which payment is due and ending on the date on which payment is made.
2.7 If the Customer does not pay a bill, BT may instruct a debt collection agency to collect payment (including any interest) on its behalf. If BT instructs a debt collection agency, the Customer must pay BT an additional sum to cover the reasonable costs incurred by BT in instructing the debt collection agency.
2.8 If any sum owed by the Customer to BT under the Contract or any other contract the Customer has with BT is not paid by the due date, BT may deduct this sum from any payment or credit due to the Customer under the Contract or any other contract with BT.Back to top
3 CHANGING THE CONTRACT
3.1 The Contract cannot be varied without the written agreement of the parties.Back to top
4 ENDING THE CONTRACT
4.1 BT may:
- cancel the Survey five days before the date that BT and the Customer agreed BT would commence the Survey;
- with immediate effect if the Customer:
- breaches the Contract and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by BT to do so; or
- suffers Bankruptcy.
4.2 The Customer may:
- cancel the Survey prior to BT undertaking the Survey and if so agrees to pay BT's cancellation charge which will include BT's charges for order processing and management. BT will try to keep such charges to a minimum; or
- end the Contract if:
- BT materially breaches the Contract and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by the Customer to do so; or
- insolvency proceedings are brought against BT or BT makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of BT's assets or BT goes into liquidation or a corresponding event under Scottish Law.
5 LIMITATION OF LIABILITY
5.1 Neither the Customer nor BT excludes or restricts its liability for death or personal injury caused by its own negligence or the negligence of its employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or to any extent not permitted by law.
5.2 Neither the Customer nor BT 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 which may arise in relation to the Contract whether or not the Customer or BT was advised in advance of the possibility of such loss or damage
5.3 Neither the Customer nor BT shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other indirect or consequential loss or punitive damages which may arise in relation to the Contract whether or not the Customer or BT was advised in advance of the possibility of such loss or damage
5.4 Subject to clauses 5.1, 5.2 and 5.3, the Customer and BT accept liability to the other in contract, tort (including negligence) breach of statutory duty or otherwise for direct loss to a value not to exceed:
- £1,000,000 for loss of or damage to physical property; and
- for all other loss or damage, the greater of either L2000 or 100% of the charges payable for the Survey.
5.5 Clause 5.4 will not apply to any obligation to pay charges or to clauses 3.1(i), 6.1 or 6.2
5.6 BT cannot guarantee WiFi coverage because coverage at a Site is dependant on the number of access points transmitting the Service, their location and the environment in which they are installed and any technical limitations applicable to the Service or Equipment
5.7 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
6.1 Except to the extent any disclosure is required by law BT and the Customer will keep in confidence any information, whether written or oral, of a confidential nature obtained under or in connection with the Contract. The Customer and BT will not, without the consent of the other, disclose such information to any person other than:
- their Group Company employees or professional advisers who need the information in order for the Customer or BT to fulfil its obligations under the Contract; or
- in the case of the Customer, its employees to the extent necessary to use the Equipment;
- in the case of BT, the employees or professional advisers of its suppliers who need the information in order for BT to fulfil its obligations under the Contract.
6.2 Information will not be treated as confidential if it is:
- in the public domain other than in breach of the Contract; or
- lawfully in the possession of the Customer or BT before disclosure has taken place; or
- obtained from a third person who is free to disclose it; or
- replicated independently by someone without access or knowledge of the Information.
6.3 Where the Freedom of Information Act 2000 applies to the Customer and the Customer receives a request under the Act that includes any information held by the Customer that was provided by BT in connection with the Contract the Customer will
- notify BT immediately of the request; and
- give BT at least five working days to make representations
7 GENERAL TERMS
7.1 Matters Beyond Reasonable Control
- If the Customer or BT is unable to perform or is 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, it will have no liability to the other for the failure of delay in performing.
- If any of the events detailed in clauses 7.1(a) continue for more than three months the Customer or BT may end the Contract in whole or part by written notice to the other.
7.2 Escalation and Dispute Resolution
- BT will try to work through any dispute that the Customer may have with BT. If this does not resolve the dispute then the Customer may refer the matter to the relevant dispute resolution service as follows
- where appropriate, in accordance with the details set out in BT's Code of Practice for Residential Customers and Small Businesses; and
- otherwise, as set out in clause 7.2 (b) below.
- Any dispute must be raised in writing with the Customer's or BT's representative as appropriate giving all relevant details including the nature and extent of the dispute. The Customer and BT will use reasonable endeavours to resolve any dispute as follows:
- a dispute which has not been resolved by the Customer's or BT's representative within 14 days of being raised may be referred by the Customer or BT to the first level by written notice to the other; and
- if the dispute is not resolved at the first level within 14 days of referral, the Customer or BT may refer the dispute to the second level by written notice to the other.
- If the dispute is not resolved after the procedures detailed in clause 7.2(b) have been followed then, if the Customer and BT agree, the dispute will be settled by mediation in accordance with the procedures specified by the Dispute Resolution Service – Chartered Institute of Arbitrators ("DRS – CiArb"). If the dispute is referred to a mediator:-
- the mediator will be appointed by agreement of the Customer and BT. If the Customer and BT fail to agree within seven days of a proposal by one party, the mediator will be appointed by DRS – CiArb; and
- all negotiations on the dispute and any agreement reached will be kept confidential.
- Nothing in this clause 7.2 shall prevent the Customer or BT from exercising any rights and remedies that may be available in respect of any breach of the provisions of the Contract.
Transfer of Rights and Obligations
7.3 The Customer and BT may not transfer any of their rights or obligations under the Contract without the written consent of the other, except that:
- The Customer may transfer its rights or obligations or both to a Group Company with the written consent of BT, such consent not to be unreasonably withheld or delayed; and
- BT may transfer its rights or obligations or both to a Group Company without consent provided that it notifies the Customer that it has done so.
7.4 If any term of the Contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if the Contract had been made without the invalid, illegal or unenforceable terms.
7.5 Clause 6.2 will survive the termination or expiry of the Contract and clauses 6.5 and 6.6 will survive the termination or expiry of the Contract for two years.
- The Contract contains the entire agreement between the Customer and BT and replaces all previous written or oral agreements relating to its content.
- The Customer and BT agree that:
- they have not been induced to enter into the Contract by, nor have they relied on, any statement, representation, warranty or other assurance not expressly incorporated; and
- in connection with the Contract their only rights and remedies in relation to any statement, representation, warranty or other assurance are for breach of the Contract and that all other rights and remedies are excluded.
- The terms of clauses 7.6(a) and 7.6(b) will not affect the rights or remedies of the Customer and BT for any fraudulent misrepresentation.
7.7 A failure or delay by the Customer or BT to exercise any right or act upon a breach under the Contract will not be a waiver of that right or breach. If the Customer or BT waives a right or breach of the Contract, that waiver is limited to the particular right or breach.
Rights of Third Parties
7.8 A person who is not the Customer or BT (including an employee, the officer, agent, representative or subcontractor of the Customer or BT) has no right under Contracts (Rights of Third Parties Act 1999) to enforce any term of the Contract. This does not affect any right or remedy that exists or is available apart from that Act.
7.9 Notices given under the Contract must be in writing and delivered to the following addresses:
- to BT at the address shown on the bill or any address (including email address) which BT provides to the Customer for this purpose; or
- to the Customer at the address to which the Customer asks BT to send bills, the address of the Site or, if the Customer is a limited company, its registered office or its email address.
This clause does not apply to notices given under clause 6.2.
Law and Jurisdiction
7.10 The Contract is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.
7.11 BT may take instructions from a person whom it thinks, with good reason, is acting with the Customer's permission.Back to top
8.1 In the Contract the following terms have the meanings shown next to them:
|Bankruptcy||an event where bankruptcy or insolvency proceedings are brought against the Customer or the Customer does not make any payment under a judgement of a Court on time or the Customer makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of the Customer's assets or the Customer goes into liquidation or a corresponding event under Scottish Law|
|BT||British Telecommunications plc of 81Newgate Street, London EC1A 7AJ, registered in England No. 1800000|
|Conditions||these conditions of Survey|
this agreement for the provision of any Equipment between BT and the Customer comprising in order of precedence:
the Order Form;
the Conditions; and
any other documents and terms expressly incorporated into the Contract
|Customer||the person with whom BT contracts to undertakes the Survey|
|Group Company||means in relation to a party a subsidiary or holding company including a holding company, or a subsidiary of any such holding company, all as defined by Section 1 of the Companies Act 2006 and as subsequently re-enacted.|
|Order Form||the document that sets out the Site to be Surveyed and associated coverage requested by the Customer under this Contract.|
|Site||the place at which the Survey is undertaken by BT|
|Survey||A survey of the Customer's Site to establish what equipment and communications links would be required to enable BT to provide BT Openzone public Wi-Fi service.|