4.2 Although we will use our reasonable efforts to provide the Service by the date that we agree with you, all dates are estimates and we cannot guarantee that we will meet them.

4.3 It is your responsibility to activate the Service following receipt of the welcome email containing instructions for activating the Service. Unless any special offer applies at the time at which you order the Service, the charges will apply from the day on which the welcome email is sent to you, whether you have activated the Service or not.

4.4 It is your responsibility to allocate your Service licences to your users. You may transfer Service licences between users. Licences which have not been allocated will still be charged for.

5. Your instructions

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

6. Making sure the Service is secure

6.1 As part of the activation process you and your users will use your email addresses as your usernames and you and your users will choose your passwords for access to this account and to your designated computers. The passwords are essential for secure use of the Service so you and your users must ensure that they are kept confidential, secure and are used in accordance with all relevant instructions. Neither you nor your users may change or attempt to change a username.

6.2 If we think there is likely to be a breach of security or misuse of the Service we may:

(a) change your password and then we will notify you that we have done this; and/or

(b) suspend username and password access to the Service (please also see paragraph 15).

6.3 If you think that any password has become known by someone not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, you need to inform us immediately - http://www.bt.com/business/contact

6.4 If any of the information you give to us when you sign up for the Service changes, you must inform us immediately - http://www.bt.com/business/contact

7. Things we may have to do

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

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

8. Repairing faults in the Service

8.1 We cannot guarantee that the Service will never be faulty. However, we will correct all reported faults as soon as we reasonably can.

If there is a fault with the Service or you forget a password you should contact the help desk. For details of how to contact the help desk click here
or refer to your welcome letter. All queries will be directed to a premium rate helpdesk unless you have signed up for any additional services which qualify for local rate support of the Local Rate Helpdesk Service click here for further details.

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

9. Maintenance and updates

You understand that we may update the software at any time, but are under no obligation to inform you or supply you with such updates. Where you are supplied with updates to the software, such updates shall be subject to the terms of this contract unless we indicate otherwise. We reserve the right to charge fees for any future versions of, or updates to the software.

What we need you to do

10. Use of the Service

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

(a) fraudulently or in connection with a criminal offence;

(b) to send, knowingly receive, upload, download or use any material which is unlawful, harassing, offensive, abusive, threatening, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;

(c)to cause annoyance, inconvenience or needless anxiety;

(d)to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;

(e) in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our Acceptable Use Policy as may be amended from time to time;

(f) in a way that does not comply with any instructions that we have given you;

(g) to interfere with or disrupt networks connected to the Service;

(h) to infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;

(i) to gain unauthorised access to other computer systems; or

(j) to interfere with another user's use and enjoyment of the Service. The action we can take if the Service is used in any of these ways is explained in paragraphs 14 and 15.

10.2 If we think that your use or any user's use of the Service may:

(a) impair the security of the system and/or the network used to provide the Service; or

(b) cause detrimental performance of the Service to you or any other customer; we may suspend your access or your user's access to the Service. Suspension is further explained in paragraphs 14 and 15. If possible, we will give you prior notice if we do suspend your Service.

11. Intellectual property rights

11.1 If we make software available to you that enables you and your users to use the Service, we grant you, for the duration of this contract, a non-exclusive, non-transferable licence to use such software for your own use. Unless otherwise agreed in writing, any licence granted by us under this paragraph 11.1 will terminate when this contract is terminated.

11.2 You acknowledge that the software is proprietary to BT and BT's licensors and may be protected by Intellectual Property Rights or other laws and that therefore you and your users are only permitted to use the software as expressly authorised by the Service and this contract. All BT trademarks and logos, and the trademarks and logos of BT's licensors including but not limited to GoToMyPC, Citrix Online and the Citrix Online logo may not be used without our permission.

11.3 You must ensure that no person including you and your users copies, decompiles or modifies the software (unless allowed by law). You may not, and must ensure that your users do not reproduce, distribute or create derivative works of the software without being expressly authorised to do so by us. You may not, and must ensure that your users do not reverse engineer, alter, disassemble or otherwise attempt to derive source code from the software. All rights not expressly granted in this contract are reserved to BT and BT's licensors.

11.4 It is important that you and your users only access the Service through this software or in an alternative way permitted by us and you must not and must ensure that your users do not attempt to circumvent any security measures in the Service.

11.5 When we provide you with the Service it, and any associated software, is intended for use by you and your users only. Therefore, you must not and must ensure that your users do not re-sell, transfer, assign or sub-license the Service (or any part of it) or the software to anyone else except with our written consent.

11.6 We will indemnify you against all claims and proceedings arising from infringement of any third person's Intellectual Property Rights by the provision of the Service to you. This indemnity does not apply to claims or proceedings arising from:

(a)the use of the Service in conjunction with any equipment, software or service not supplied or approved by us; or

(b) any modification which was not made by us or with our prior written consent; or

(c)designs or specifications supplied by you; or

(d)the use of the Service other than in accordance with the terms of this contract.

11.7 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 paragraph 11.6 applies and none of the remedies in this paragraph 11.7 are available to us on reasonable terms, we may notify you and terminate the Service without liability to you.

Payment

12. Charges and payment

12.1 You must pay the charges for the Service that are set out here The charges are part of these terms and conditions. Each Service licence will have a minimum period of 12 months from when the charges become payable under paragraph 4.3.

12.2 The charges for the Service are payable quarterly in advance. 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.

12.3 All invoices will be invoiced and paid in pounds sterling unless stated on the website detailed in paragraph 12.1. 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 you will be added to our invoices as appropriate.

12.4 We may at any time require you to pay a deposit or provide a guarantee as security for payment of future bills.

If things go wrong

13. If you break this contract

13.1 We can suspend the Service to you or any of your users or end this contract (or both) at any time:

(a) with immediate effect if you materially breach this contract;

(b) with immediate effect if we believe that the Service is being used in a way described in paragraph 10.1 or 10.2, even if you do not know that the Service is being used in such a way; or

(c) upon reasonable notice if you breach this contract in any other way and fail to remedy the breach within a reasonable period of being asked to do so; or

(d) with immediate effect if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or

(e) with immediate effect if we have terminated or suspended your use of any service previously provided to you due to your breach.

If we have suspended or terminated this contract under paragraphs (a), (b), (d) or (e) above, we will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action.

14. Suspension of the Service

14.1 If we decide to suspend the Service, a password or username (for any reason), we will restore it (if neither of us have ended this contract) when you satisfy us that you will only use the Service as we have agreed.

14.2 If we decide to suspend the Service under paragraph 13, this contract will continue during the period of suspension.

14.3 If you or one or more of your users does not use the Service in any way from commencement of the Service for a period which we consider to be unreasonable we may suspend and/or terminate your access or the access of such user or users to the Service.

15. Matters beyond our reasonable control

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

16. Our liability to you

16.1 We will be liable if you are injured or die as a result of our negligence. We do not limit that liability, or any liability we may have to you under Part I of the Consumer Protection Act 1987, by paragraphs 16.2 or 16.3 or in any other way.

16.2 We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.

16.3 Any liability we have of any sort (including liability for negligence) is limited to £5,000 for any event or related series of events and £10,000 for all events in any 12 month period.

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

16.5 Each provision of this paragraph 16 operates separately in itself and survives independently of the others.

17. Your liability to us

You agree, at your expense to indemnify, defend and hold us harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by you or any of your users; (b) any fraud or manipulation, or other breach of this contract by you or use by any of your users in contravention of the terms of this contract; or (c) any third-party claim, action or allegation brought against us arising out of or relating to a dispute between you or any of your users and any other users of the Service over the terms and conditions of a contract or related to the purchase and sale of any services.

Ending this contract

18. Before the Service has been activated

18.1 Provided that you have not, and none of your users has downloaded the software in the welcome email containing instructions for activating the Service, you may cancel this contract within 7 days of your order. If you wish to exercise this right to cancel, you must give us notice in accordance with paragraph 22. We will then refund any pre-paid charges for the Service within 30 days.

18.2 If you have, or any of your users has downloaded the software in the welcome email, you will no longer have the right to cancel the contract set out in paragraph 18.1.

19. After the Service has been activated

19.1 This contract can be ended by either of us giving 28 days notice to the other.

19.2 If the Service is ended during the first 12 months from the date that this contract starts (whether you have activated the Service or not), because you gave us notice to end the contract (other than because we have increased the charges or changed the contract to your detriment) or you or your users have broken the contract and we are therefore entitled to terminate:

(a) you must pay all charges for the Service payable for any remaining period of that 12 months; and

(b) if you have paid any charges for a period after the end of the contract beyond those 12 months, we will either repay these charges or put them towards any money you owe BT.

Other things we need to tell you

20. Changing this contract

20.1 We may change this contract, including our charges, at any time. We will give you at least 14 days notice of any changes before they take effect by publishing the changes online at http://www.btbroadbandoffice.com/internetapplications/
remoteaccesspack/terms
or at http://www.btbroadbandoffice.com/internetapplications/businessapplications
If the changes are to your significant detriment, we will also give you notice in accordance with Paragraph 22.

20.2 It is your responsibility to check http://www.btbroadbandoffice.com/internetapplications/
remoteaccesspack/terms
and

http://www.btbroadbandoffice.com/internetapplications/businessapplications
regularly for any changes.

21. How this contract can be transferred

Neither of us can transfer this contract or any part of it except that we can transfer all or part of it to a company that is a subsidiary or holding company of ours, or a subsidiary of that holding company (all as defined by Section 736 of the Companies Act 1985 as amended by the Companies Act 1989).

22. How to give notice

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

(a) To us: at the postal address or email address shown at http://www.bt.com/business/contact or an alternative address which we may give you.

(b) To you: if you are a company at your registered address, or at the postal address you specify when registering for the Service or an alternative address which you may give us, or at the email address provided to you as part of the Service.

23. Waiver

Neither of us shall be considered to have waived any right under this contract because of failure or delay in exercising that right.

24. Third party rights

A person who is not a 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.

25. The law that relates to this contract

The law of England and Wales governs this contract and we both agree to the exclusive jurisdiction of the English courts.

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Help & support

Terms & conditions

Remote Access Pack

Contents

Our contract with you

1. The Service

2. When does our contract with you start

3. Our commitment to you

Providing the Service to you and your users

4. Getting started