Terms & Conditions Annex
Service Specific Terms and Conditions for IC-air services
provided by the Company
1. Definitions - additional to those in the Main Terms and
a. "IC-air" means a Broadband
service delivered wirelessly from an IC controlled network POP.
b. "POP" means a Point of
Presence where services are delivered from or via.
c. "Customer Equipment" means
any equipment, the property of the Customer or rented by the
Customer from a third party, used by the Customer in order to use
d. "Minimum Period" means the
minimum period during which Service is provided as agreed during
the ordering process with the Company.
e. "Network" means a network
over which service is provided.
f. "Service" includes
previously defined services with the addition of wireless delivered
Broadband and associated connectivity.
g. "Usage Charges" means the
charges made by the Company to the Customer for use or the
provision of the Service.
h. "NTE" Network Termination
Equipment, this is equipment supplied by IC for connecting into the
i. "NOC" Network Operation
2. The Company will procure Service to the Customer as
detailed on the order. The Company, or its principles may at time
to time without notice vary the Service for technical, operational
or other reasons within its entire discretion.
3. The Company will use reasonable endeavours to procure a
continuous high quality Service in accordance with our SLA's and
the Customers chosen / purchased service levels.
4. The Company will use reasonable endeavours to report to
its principles / engineering contractors any fault on the Network,
which is reported to it by the Customer. The Company shall not be
liable to the Customer for any losses incurred as a result of any
interruption to the Service.
5. If a fault is caused by the Customer Equipment, by
breach of this Agreement by the Customer, or by the Customer's
negligence, or if a fault occurs on the Customer's premises or
land, then the Company may recover all reasonable costs incurred
from the Customer.
6. Missed appointments, in the event that a visit is
required to the Customer's premises for any reason an appointment
will be advised, if this appointment is missed by the Customer then
a missed appointment charge will be added to the Customer's monthly
bill to cover expenses incurred.
7. Where a fault is reported by the Customer and engineers
are despatched to the Customer's premises and the fault is
determined to be within the Customers control and responsibility
then the Customer accepts liability for the costs associated with
the engineer call out at the current prevailing rate from either
the Company or its chosen services provider. This charge will be
automatically added to the Customer's account and be collected
during the next billing run.
8. The Company shall be entitled to suspend Service in
order to maintain or improve the Network or if obliged to do so by
virtue of any direction or request from any Government Department,
Emergency Service, Regulatory or Administrative Authority, or by
its principles, or for any other reason whatsoever. The Company
will use reasonable endeavours to give the Customer notice of such
suspension as reasonably practicable normally via the support
section of the IC website.
9. The Customer undertakes to;
a. Use the service in
accordance with the reasonable instructions of the Company or its
b. Not to use the Service in
any improper or unlawful manner or in any manner which may cause
c. To allow the Company or its
duly appointed agents access to the Customer's premises for the
purposes of installation, programming and maintenance, or for any
other reason whatsoever
d. To ensure that the Customer
Equipment is in good working order and is maintained by a competent
maintainer or service provider.
e. To use only IC approved
Customer Equipment, all Customer Equipment must comply with all
relevant legislation relating to its use from time to time.
f. To pay for all Service
provided by the Company within the time limits and in the manner
set out in our Main Terms and Conditions and be responsible for the
usage of the Service, whether the use of the Service has been
authorised by the Customer or not, and the customer agrees that the
Company is not obliged to monitor the levels of usage and/or report
on unusual usage patterns.
g. To inform the Company,
giving at least 30 days written notice, of any changes in details
of the Customer including change of address.
h. Not to in any way whatsoever
modify the programming of the Customer Equipment where the Customer
Equipment has been programmed by the Company.
i. Not to in any way
whatsoever, cause calls to be routed over any networks, other than
the Network without prior permission being granted by the
j. At the Customers own
expense, to terminate any existing contracts with alternative
suppliers following the transfer of services the to the Company
which are similar or replaced by the Companies services.
k. Not to enter into any
contracts with alternative suppliers to provide the Customer with
services which are similar to the Service or intended replacements
for the Service whilst still within the Minimum Term.
l. To comply with current UK
legislation in the use of telecommunications services.
m. To ensure the supplied
transmission equipment remains in a suitable environment and is not
disturbed and remains powered from a suitable clean power
10. In order to supply the Service, NTE will be required to
be installed at the customer's premises. This equipment remains the
sole property of the Company and the Customer is responsible for
the safe keeping of this equipment. Any NTE damaged / altered or
removed either accidentally or on purpose will render the Customer
liable for it's replacement at RRP pricing as outlined by the
Company from time to time.
11. The NTE is pre-programmed and locked down to the
Company for the sole provision of the Service and the Company
strictly prohibits tampering or attempted access by the Customer to
this equipment. Any such attempts will be logged and reported to
our NOC and the Service will be removed without warning and the
equipment isolated to prevent damage. The Customer will be liable
for re-instatement or removal of the NTE and any costs incurred as
a result of taking such actions.
12. The NTE will normally include an externally mounted
aerial and the Customer will ensure that appropriate permission is
sought for the installation of this NTE, the Company will not be
liable for any costs or associated legal action as a result of
installation of the NTE.
13. The Service is delivered over the radio spectrum on a
FWA licence as described by the UK regulatory authority Ofcom. This
licence entitles the Company to supply services over a specified
radio frequency band at pre-defined power limits. The FWA licence
is non-exclusive and therefore is not immune to interference and no
warranties are made in that respect. In the event of interference
alternative frequencies will be selected to minimise the
interference effects and the Company will in the event of
interference across the entire spectrum debilitating or degrading
the service invoke it's MBORC clause.
14. The Service is delivered over free space wireless
infrastructure and the actual quality and throughput will vary upon
atmospheric conditions, the Service is rate adaptive and will
endeavour to maintain the best possible link at all times. The
links are installed based upon an anticipated SLA delivery of
greater than 99.9% availability based on average historical
15. The Service requires in most instances line of sight
(LOS) to the nearest POP, the Company accepts no liability where
this LOS is obscured for any reason thus impairing or debilitating
service delivery. In the event that this obstruction is of a
permanent nature that is out of the immediate control of either
party then the Service may be cancelled by either party without
16. The Service is a 'Shared' service which by it's very
definition means that it is delivered on a non-exclusive basis and
is contended with other users of the service. The data limits and
packages are prevalent to enforce 'Sharing' and in the event of
excessive constant usage the Company reserves the right to deploy
traffic management or preventative measures to limit potential
disruption to other users of the Service. Any such measures taken
may result in a management charge being added to cover reasonable
expenses by the Company in effecting such control.
17. Service Levels and Repair Targets
a. Service Levels
Please see the Annex - SLA & Service
b. Fault Reporting
i. Faults should be reported to
the Company's support centre via email / telephone or web portal as
detailed on the Company Web Site during normal opening hours.
ii. The service levels will
vary depending upon the service taken and priority will be given to
those connections of a higher service level.
iii. All repairs are subject to
weather conditions and light and repairs requiring external work
may be halted and extended should conditions be unsuitable or
potentially hazardous in which case MBORC will apply.
Document Revision 1.1 - 18-11-2013