Broadband Terms & Conditions

Rutland ICT Limited trading as Rutland ICT (hereinafter referred to as" Rutland ICT") specialises in the provision of Internet Services through the brands of Rutland ICT and Rubato. In purchasing services from any, either or all of these brands, the client is contracting with Rutland ICT. The Terms and Conditions described herein are applicable to all services supplied through Rutland ICT and its subsidiaries and any company to which Rutland ICT transfers the provision of these services. Rutland ICT has adopted a philosophy that assumes the honesty and good intent of Customers. Services are provided in as unrestricted a manner as possible, to allow Customers to have the richest Internet experience possible. These Terms and Conditions must be read in conjunction with our Acceptable Use Policy (AUP) Both these Terms and Conditions and the AUP may be subject to change from time to time. Rutland ICT reserves the right to add to and/or amend these Terms and Conditions or the AUP at anytime. Such additions and/or amendments shall be published on the Rutland ICT website. Additions and/or amendments will be deemed to be accepted by the Customer if the Customer continues to use the services after a two week period from the date of publication on the website.

1 About Rutland ICT
1.1 Rutland ICT is an Internet Service Provider. It provides the Customer with access to the Internet and hosting services, IP services, messaging and security services as specified in the Customer's Order and on the terms set out below.
1.2 Rutland ICT is a company registered under the laws of England and Wales. Its company registration number is 4320627 and its registered office is 4 Queen Street, Uppingham, Rutland LE15 9QR
1.3 All communications with Rutland ICT should be made to this address, unless made by e-mail to the e-mail address given in the Contact area of our website www.rict.co.uk
1.4 Enquiries relating to technical support should be made via the Contact area of our website

2 Service specification
2.1 Rutland ICT shall provide the Service in accordance with the service description at the time of the Customer's Order, subject to the limitations set out in this Agreement and in Rutland ICT's AUP.
2.2 Service Credits and Service Level Guarantees are only provided where a separate "Service Level Agreement" has been entered into and the Terms and Conditions of those services will be documented there.
2.3 Rutland ICT reserves the right to modify the service description in order to improve the quality or effectiveness of the Service without the prior agreement of the Customer. Rutland ICT will notify the Customer of any changes to be made at least 30 days in advance.
2.4 Customer acknowledges that the ADSL services provided by Rutland ICT are contended. In order to ensure the best possible experience for all our customers, Rutland ICT reserves the right to manage any traffic routed across the Rutland ICT ADSL network. Customer acknowledges that Rutland ICT may manage the traffic of specific users without prior notice.
2.5 Rutland ICT may modify its AUP and Privacy Policy without the further agreement of the Customer so as to ensure that they comply with all relevant legislation or regulatory guidance and/or to bring them into line with common industry practice.
2.6 Customer acknowledges that, due to the nature of the bonded broadband service, Rutland ICT cannot guarantee that this service will continue to perform in line with the service description.

3 Service Charges and Payment
3.1 Customer agrees to pay Rutland ICT charges, as specified within the service description within the Customer's Order.
3.2 Rutland ICT reserves the right to modify its charges (including its charges for maintenance and support services and for training and instructional materials) for the Service upon 30 days written notice, or the termination period of the relevant Service Agreement, whichever is the greater.
3.3 For charges for additional data usage, our usage statistics are the full and final statement for billing purposes.
3.4 Chargeable calls incurred through Rutland ICT's VOIP services are billed to the nearest penny, rounded up or down as applicable.
3.5 Service charges will be invoiced in advance monthly, quarterly or annually, as specified at the time of the Customer's Order. If on account terms, payment must be received by Rutland ICT within 30 days after the date of the invoice. Rutland ICT may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 4 per cent per annum above the Barclays Bank plc Base Lending Rate as current from time to time. If on pay in advance terms, payment must be received by Rutland ICT by the due date agreed and subsequently by the due date of any service renewal.
3.6 All sums due to Rutland ICT under any Order are exclusive of Value Added Tax ("VAT"), and any other use or sales taxes, duties, or levies imposed by any authority, government, or government agency which may apply or be introduced from time to time which shall be charged thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer.
3.7 Rutland ICT reserves the right to dictate the payment method associated with each Service
3.8 Rutland ICT reserves the right to charge its standard ICT onsite or remote support fees where support is requested in relation to internet access problems which are subsequently found to have a cause which is not the fault of Rutland ICT or a cause which is not identified as Rutland ICT's responsibility for the provision of internet service outlined in clause 4. Examples include, but are not limited to: viruses, malware, PSTN issues, internal wiring problems, incorrect passwords, computer malfunction, router/modem problems, faulty ADSL filters, wireless networks, connection to other networks, configuration changes by user or 3rd party.

4 Duties and Responsibilities
4.1 Customer agrees to pay in accordance with Rutland ICT's then current rates for maintenance and other service activities relating to the Service.
4.2 Customer agrees to pay for loss or damage to equipment and software used in providing the Service which is caused by Customer's negligent acts or omissions.
4.3 The service will be furnished to Customer subject to the condition that it will not, nor will it permit others to use the Service other than in accordance with Rutland ICT's AUP and/or to use the Service for unlawful purposes or any purpose for which the Service was not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of Rutland ICT or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
4.4 Customer will indemnify and save Rutland ICT harmless from and against all loss, liability, damage and expense, including reasonable legal fees, caused by the negligent acts or omissions of the Customer or other user of Customer's service which result in claims for damage to property and/or injury or death to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or re-enactment thereof for the time being in force, and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Service furnished by Rutland ICT.
4.5 Customer will be responsible for the content of any transmission over the Service and the connection of any non Rutland ICT equipment to the Service.
4.6 Customer shall use its best endeavours to protect and keep confidential all Rutland ICT software used by it and shall make no attempt to examine, copy, alter, "reverse engineer", decompile, discover the source code to, tamper with, or otherwise misuse such software.
4.7 Customer's right to use the Service is personal to Customer and its authorised users, non-exclusive and non-transferable. Customer is not permitted to sell, assign, sublicense or grant a security interest in or otherwise transfer any right in Rutland ICT software. This Agreement does not grant Customer any right to any Rutland ICT software except the limited right to use set out in this sub clause.
4.8 Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing and using the Service.
4.9 Customer agrees to provide if required at their premises a suitable environment for any equipment necessary to provide the service. Customer agrees to permit reasonable access to Rutland ICT employees, agents or contractors onto its premises whenever necessary for purposes of installation or repair of Rutland ICT supplied equipment necessary to provide the service.
4.10 Save as indicated below in 4.11 Rutland ICT shall not be responsible for the installation of equipment necessary to provide the service or for any cabling.
4.11 Rutland ICT shall be responsible only for the installation of any equipment purchased from them under a managed service agreement and will not be responsible for other residential or business Customer Premise Equipment.
4.12 Rutland ICT will maintain the Service and provide Customer and its authorised users of the Service such training, instructional material and other support service as deemed appropriate at Rutland ICT's then current prices for such support services.
4.13 Customer acknowledges that Rutland ICT will use e-mail as the primary method of contact with the customer. Customer shall reasonably monitor the e-mail account it has specified for communications from Rutland ICT in relation to the Service. Rutland ICT shall not be held liable for failure to contact the customer through alternative means.
4.14 For ADSL services the customer shall be responsible for the provision and maintenance of any PSTN circuit. Rutland ICT shall not be held liable for any failure of the ADSL service due to any actions of the customer or a third party, or for faults which develop which leads to a disconnection or suspension of the PSTN circuit. Similarly any internal wiring issues beyond the termination of the copper pair in the recognised BT master socket are not the responsibility of Rutland ICT. Rutland ICT has a responsibility (through BT Wholesale) to supply an ADSL service up to the point of termination of the copper pair in the recognised master socket from the BT exchange with face plate removed. It is the responsibility of the Customer to demonstrate that such provision to the BT master socket (with face plate removed) is not working. There is no obligation for Rutland ICT to carry out an onsite assessment of the BT master socket for no charge. Rutland ICT is responsible for giving reasonable instructions to the Customer (by telephone or in writing or by email at its sole discretion) for carrying out tests on the master socket. If the Customer elects to invite Rutland ICT to supply an engineer onsite to troubleshoot the problem a charge will apply even in cases where internet provision to the master socket is deficient.

5 Rutland ICT's right to suspend the Service
5.1 Rutland ICT reserves the right to suspend all or part of the Service provided to the Customer if it becomes aware of any actual or potential breach of its AUP by Customer or other user of the Customer's Service. If the customer fails to remedy any breach within 10 days after written notice then Rutland ICT reserve the right to terminate this agreement in accordance with the provisions in clause 8.4.
5.2 Rutland ICT reserves the right to suspend all or part of the Service if the provision of the Service might expose Rutland ICT to criminal or civil liability of any kind.
5.3 Rutland ICT shall only restore the Service to full operation if, on the information provided to it in relation to the reason for the suspension of the Service, it in good faith reasonably judges that there is no risk of the restoration of the Service exposing it to criminal or civil liability of any kind and/or its AUP is fully complied with.
5.4 Rutland ICT reserves the right to suspend all or part of the service if payment is not received in accordance with the terms and conditions and such service will only be resumed, and then entirely at Rutland ICT's discretion, if all monies outstanding have been received by Rutland ICT. Further this clause shall be without prejudice to Rutland ICT's right to terminate in any event the agreement in accordance with clause 8.4
5.5 During any period of suspension the Customer agrees to continue to pay and to remain liable for all charges pursuant to these terms and conditions and the Customer's Order.

6 Warranties
6.1 Rutland ICT's sole liability for any damages due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to Rutland ICT, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 10,000 pounds in the aggregate under this Agreement.
6.2 Rutland ICT will not be responsible for any delay in or failure of the Service due to any occurrence beyond Rutland ICT's control.
6.3 Rutland ICT gives no warranties and accepts no responsibility in relation to the information of third parties accessed by Customer by means of the Service.
6.4 Nothing in this Agreement shall be construed as to limit or exclude either party's liabilities in respect of death or personal injuries, or any inalienable statutory consumer rights of the Customer.
6.5 To the extent that the exclusions and limitations in this Agreement are in any jurisdiction contrary to any statute or rule of law, such exclusions and limitations are to that extent disapplied.
6.6 RUTLAND ICT WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
6.7 RUTLAND ICT MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE FITNESS, PURPOSE OR QUALITY OF THE SERVICE.

7 Cancellation before commencement
7.1 Once performance of this Agreement has commenced Customers may terminate this Agreement in accordance with Clause 8 and subject to the applicable Order Cancellation Fee. Performance of this agreement is deemed to have commenced once the Customer has been advised of an installation/activation date for the services ordered. Should the Customer wish to terminate this Agreement following commencement of performance of this Agreement such termination may be subject to the following Order Cancellation Fee:- Order Cancellation Fee - If the Customer terminates the agreement for the provision of Rutland ICT ADSL or SDSL services five (5) or less days prior to the arranged installation/activation date the following fees will apply:- Three to five (3-5) day prior to installation/activation of services the Order Cancellation Fee will be £15 + VAT, Two (2) day or less prior to the installation/activation of services the Order Cancellation Fee will be £40 + VAT
7.2 Prior to Rutland ICT commencing performance of this Agreement, Customer may cancel this Agreement by informing Rutland ICT of its intention to cancel within 7 days of the day after it entered into this Agreement with Rutland ICT. Customer may inform Rutland ICT using any of the methods set out in Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000, but is advised to communicate either by post or e-mail as set out in Clause 10.1 of this Agreement.

8 Term and Termination
8.1 Once performance has commenced, this Agreement shall continue until terminated by either Party.
8.2 Either Party can terminate this Agreement in writing, subject to the Minimum Contract Period and Notice Period associated with the service. Furthermore, notice of Termination is not deemed to have been served unless receipt of the notice is confirmed by Rutland ICT.
8.3 The minimum Contract Period and notification period are the periods as specified by Rutland ICT within the Customer Order. In the absence of this information, the following Contract Periods and Notice Periods will apply: Service Contract Period Notice Period Fully Managed Services 12 months 30 days Leased Line 12 months 60 days SDSL connection only 12 months 30 days ADSL connection only 30 days 30 days Rubato wireless 30 days 30 days LLU line 12 months 30 days
8.4 Rutland ICT shall not be required to give notice of the beginning of its performance hereunder. Rutland ICT reserves the right to disconnect the Service if Customer does not fulfil its obligations under this Agreement.
8.5 In the event of default which include failure by Customer to pay any amounts; or failure by either Party to cure any breach of a term or condition in this Agreement within 10 days after written notice; or if an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by either Party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due both up to the time of such termination and for all sums due for the remainder of the minimum contract period.

9 Privacy Policy
9.1 Rutland ICT shall deal with all personal data relating to Customer which it acquires when entering into and performing this Agreement in accordance with its Privacy Policy.
9.2 Rutland ICT complies with the provisions of the Data Protection Act 1998

10 General
10.1 All notices (save where otherwise provided in this Agreement or in applicable legislation) from either party to the other shall be sent by first class prepaid post or by e-mail. Rutland ICT shall send all notices to Customer's billing address or to the e-mail account notified to it by Customer. Customer shall send all notices to Rutland ICT's address or e-mail address, as set out in Clause 1 of this Agreement.
10.2 This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of Rutland ICT. Customer authorises Rutland ICT to assign or transfer this Agreement, including any and all billing and service provisioning activities, to any third party for Service to be provided outside the UK as necessary to enable Rutland ICT to provide the Service.
10.3 No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen, unless otherwise provided by legislation.
10.4 Save as otherwise provided for in this Agreement, this Agreement may not be waived, altered, or modified, except by document in writing signed by authorised representatives of Rutland ICT and Customer. No agent, employee or representative of Rutland ICT or Customer has any authority to bind Rutland ICT or Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement.
10.5 The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
10.6 This Agreement shall be governed by and construed and interpreted in accordance with English law, and the parties submit to the jurisdiction of the English Courts.
10.7 If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM, AND SUPERSEDES ALL PROPOSALS, ORAL, OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF. THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES.

We are continually reviewing our Terms and Conditions in line with the services we provide to our customers. Should you have any comments to make concerning the contents, please contact us