Terms & Conditions for Skyenet (Broadband Internet Service)
1) The Service: Sleat Community Trust (SCT) endeavours to provide a broadband service into specified areas of South Skye. Service will be available to equipment which has been fitted and fixed to a verified location by our Installer and has not been interfered with (this includes removal, re-installation, the addition of non-Skyenet provided hardware, readjustment of equipment and any subsequent damage).
2) Connection Costs: The standard connection charge is £200 (including VAT).
3) Subscription: Subscription to the service (currently £19.80 for Skyenet 1 and £30.00 for Skyenet 2 per month incl. VAT) is payable monthly in advance by Standing Order. All subscribers are required to set up a Standing Order with their bank to pay this amount on the first day of every month, starting on the first day of the first month after connection. The Standing Order form shall be completed and signed prior to the date of connection. The period from the date of connection to the first standing order payment will be added pro-rata to the connection fee.
4) Alteration to Subscription: SCT may alter the monthly subscription at any time, and will give one month’s notice of such a change to all subscribers.
5) Termination by Subscriber: Subscribers are required to give one month’s notice to terminate their service.
6) Suspension or Termination by SCT: SCT may have to report to the relevant authorities (if applicable) and/or suspend or terminate the service to an individual subscriber immediately and without notice if the service is misused in any of the following ways:
a) Use without payment
b) Abuse of equipment owned by SCT
c) Misuse of network equipment
d) Fraudulent use, or use in connection with a criminal offence
e) Transfer of any material in breach of copyright, privacy or other rights
f) Transfer of any material that is obscene, indecent, offensive, menacing, abusive or defamatory
g) Sending any material that may damage data, software or hardware (known as ‘viruses’)
7) Reconnection: In the event that the service is disconnected for reasons of misuse or non-payment as described above, there will be a reconnection charge of £50.
8) Network Speeds & Restrictions: The network is shared by all the subscribers and the speed obtained per premise depends on the number of online users at any one time. The service links through other third party broadband networks (Namely Commsworld (Fluency) + BT) and the speed of these networks may also be similarly limited. Against these variables, amongst many others, a top speed of around 8 Mbps is expected from Skyenet 1 and 20Mbps from Skyenet 2 at the customer premises. Skyenet provides dynamic Public IP’s to subscribers. SSH clients cannot be used on the network without permission.
9) Network Monitoring & Limits: There is no monthly download limit currently imposed, but as Skyenet subscribers share a finite bandwidth a ‘Fair Use Policy’ is in force. Individual monthly total download rates may be monitored for this purpose, and this purpose only. This will assess quantitative download/ upload data only, and all personal information beyond this base information will not be made available in any form. Customers may be requested to limit their use by SCT in special cases of excessive bandwidth use, if excessive use persists service can be suspended. In special circumstances SCT also reserves the right to impose charges or suspend service for extra download data over a given data limit.
10) Faults and Maintenance:
a) The service cannot be guaranteed, but SCT will make best endeavours to ensure that faults on its own network or on its supplier’s networks are rectified as soon as possible. As far as possible, notice will be given if any maintenance work will result in temporary loss of service.
b) Subscribers are responsible for their household receiver (NanoStation, NanoBeam or PowerBeam (M5 Series)), and the ethernet cable linking it to their own equipment. If either is damaged in any way, the subscriber may be required to pay the cost of repair or replacement.
c) Improper installation or subsequent interference with household antenna may cause network problems, and SCT reserves the right to check all antenna on the network for the purposes of overall network efficiency, with relevant access permissions.
11) Compensation Policy: In the event that the service to a subscriber is down for a continuous period of 72 hours or more, consideration will be given to making a pro-rata repayment of subscription for that period.
a) The Internet is separate from the broadband service provided and SCT will accept no responsibility for goods, services, information, software, or other materials obtained when using the Internet. SCT also accepts no responsibility for the actions of internet users connecting via its networks.
b)SCT has no liability of any sort for the acts or omissions of other providers of telecommunication services or for faults or failures of their networks and equipment.
c)SCT has no liability for any loss of revenue due to faults or loss of service.
d)SCT has no liability for any of the following losses or damage (whether or not such losses or damage were foreseen, direct, foreseeable, known or otherwise):
viii) Loss, damage or corruption of data
13) Force Majeure: If either party is unable to perform any obligation under this Agreement due to circumstances beyond their reasonable control (including but not in any way limited to lightning, flood, severe weather, fire, explosion, war, civil disorder, industrial disputes) they will have no liability to the other for that failure to perform.
14) SCT reserves the right to amend these Terms & Conditions from time to time without notice and at our discretion.
15) This Agreement is made under Scottish Law.