"Wholesale Telecommunications Provider" means the telecommunications provider that owns the copper local loop that is used to provide an ADSL service to the customer and/or the telecommunications provider who provides Vintek with wholesale DSLAM ports (or equivalent technology) to enable Vintek to provide a service to the customer.
"Retail Telecommunications Provider" means the telecommunications provider from whom the customer or other end user purchases a traditional landline telephone service (or equivalent technology) on the same copper pair (telephone line) that is used to provide the Service to the customer.
"Qualified Pair" means a copper pair (telephone line) which has passed the Wholesale Telecommunications Provider’s service qualification and on which a traditional landline telephone service (or equivalent technology) is delivered to the customer or other end user.
"Service" means all types of ADSL service provided by Vintek.
"ADSL Service" means a Vintek ADSL service that is delivered as an overlay on a telephone service. This includes the current products of Easy Broadband, Rapid and IBC ADSL Services; as well as previously sold Vintek ADSL2+, ADSL Standard and Rapid2 Services.
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The Service offers end to end connectivity from customer ADSL hardware via a copper pair to Vintek; and through Vintek to either the global Internet or Vintek Business Connect.
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The service setup and monthly running costs charged are for the provision of the ADSL service only. Appropriate customer-end ADSL equipment is purchased, maintained and operated by the customer, and remains the property of the customer beyond the termination of any service agreement with Vintek.
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You must pay the charges for the Service as specified online at www.vintek.net at the time of your application for the Service or otherwise agreed in writing with Vintek. Charges may be varied by advance written notice from Vintek in accordance with the Standard Form of Agreement.
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The customer may only connect ADSL equipment to the copper line used for the Service under the following conditions:
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The equipment to be connected must be approved for connection to telecommunications networks in the country in which it is to be connected and must also comply with all applicable regulations.
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The customer must comply with any configuration instructions provided by Vintek from time to time.
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All telephony equipment (including by not limited to telephones, fax devices, modems, alarm systems, and subscription television phone line connections) on the customer line at the same time as the ADSL device, will be isolated from the Service (and visa-versa) by the installation of an ADSL line filter or central splitter.
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If the service is an ADSL Service then it is available as an overlay on an existing, operational, telephone service using the Wholesale Telecommunications Provider’s copper local loop. Accordingly, ADSL Services will be terminated immediately if the telephone service on the same physical line is terminated for any reason. In particular please be aware that you ADSL service will be automatically cancelled by the Wholesaler Telecommunications Provider and a new ADSL Service will need to be ordered by you (including a new setup charge) in the following circumstances:
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If your traditional landline telephone service account is cancelled.
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If you order an ADSL-incompatible product on the telephone line the ADSL is delivered on.
We strongly advise that you contact our sales department to discuss any pending changes to your telephone service prior to making these changes. Please not that if your ADSL Service is terminated in the above circumstances during a contract term you may also be liable to pay an early cancellation charge.
Services such as Easy Naked are not delivered as an overlay on a telephone service, and hence are not similarly affected.
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Any transmission speeds referred to by Vintek for the Service refer to the maximum theoretical throughput speed achievable with the Service under ideal conditions. The customer acknowledges that the actual achieved speeds may be substantially lower than the theoretical speeds for a variety of reasons. These reasons include, but are not limited to:
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The signal attenuation that results from the specific length and specific gauge of copper wire from the customer’s premises to the exchange. Note that the line length and resulting signal attenuation may substantially exceed the shortest ‘road’ distance to the exchange.
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The number and type of other digital services being used by other customers over copper pairs within the same cable sheath.
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The quality of the copper wire pair between the exchange and the customer’s premises, including but not limited to the presence of high attenuation joints, loss or lack of insulation, water ingress, corrosion, and the presence of bridge taps. Bridge taps refer to the presence of additional spurs of copper lines that may be attached at one or more jointing points along the cable run.
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Electrical interference from outside sources (such as electric motors).
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The configuration of the copper wiring within the customer’s premises (it is recommended that the customer uses a central splitter for optimal performance).
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The TCP/IP protocol stack and application software configuration on the customer’s computer (including but not limited to TCP Window Size configuration).
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The customer’s ADSL hardware, including its tolerance of ADSL interference, and the capacity of its CPU to keep up with the peak data flow rates offered by the ADSL service.
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The capacity of, load on, and available throughput rate of the remote host the customer is accessing.
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The presence of service faults or network link congestion at any point in the end-to-end path between a remote host and the customer’s system.
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No service-level commitment is available with Home ADSL and SOHO ADSL Services, and while Vintek will use its best endeavors to provide a timely response, no guarantee is offered in respect of the time to provision Services, detect faults, or to repair or restore Services which develop a fault. Business ADSL and IBC ADSL Services offer a Service Level Agreement, and this is documented in the relevant Service Schedules associated with these products.
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The Service may be unavailable on some lines due to the presence of ‘technology blockers’ such as transformers, amplifiers or ‘pair gain’ systems. Services may be unavailable on such lines.
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The Service may be withdrawn due to Wholesale Telecommunications Provider ‘network modernisation’ which leads to the removal of a continuous copper path between the exchange ADSL access equipment and the customer premises, at the discretion of Wholesale Telecommunications Provider.
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Certain additional Retail Telecommunications Provider services active on the telephone line may preclude the installation or operation of ADSL Services until or unless those services are removed from the line.
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The customer acknowledges that the availability or performance of the Service and components of the Service may vary, and an individual Service may not be provided, depending on the available capacity of, the geographic location and technical capability of, or other technical matters affecting, the relevant Wholesale Telecommunications Provider networks at the time at which a request for Service is made or the time at which a Service is delivered. For example, there may be limitations on the number of Services which can be supported in respect of a particular geographic area or exchange zone.
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Any general statements, maps or other indicators of service availability are a guide only and must not be relied upon as a commitment to provide a Service to a particular physical location.
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The customer will direct all service and performance queries related to the Service to Vintek, and not to the Wholesale Telecommunications Provider. Calls regarding the Service made to the Wholesale Telecommunications Provider or any other wholesale provider may incur a penalty charge to Vintek, which Vintek shall pass on to the customer and which customer agrees to pay in this circumstance.
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If the Service is an ADSL service Vintek can only supply it over what the Wholesale Telecommunications Provider define as a “Qualified Pair”, where a retail telephone service provider supplies operational standard telephone services over the same Qualified Pair, and accordingly:
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The customer warrants to Vintek that the end user to whom the retail telephone service provider supplies a standard telephone service using that Qualified Pair (“End User”) has given their permission for the Service to be provisioned on the line by Vintek;
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Vintek will only continue to provide the Service to the customer for so long as the End User continues to acquire a standard telephone service from a retail telephone service provider using that Qualified Pair.
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The Service will be delivered to customers using Vintek’s choice of telecommunications infrastructure. Furthermore, Vintek may decide to migrate an existing Service from one infrastructure to another.
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Specific conditions apply to the Easy Broadband plans, Easy Naked plans:
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These plans are not intended to support ADSL connections at locations other than the provisioned address. They are designed to allow one concurrent router login on one specific physical line (you can of course have multiple users sharing this connection). A financial penalty of $1.00 per hour per additional login will be applied in the case of concurrent logins.
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A plan downgrade fee applies when changing to any plan with a lower monthly standalone cost.
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If network conditions can no longer support the supply of a plan to the provisioned address, Vintek reserves the right to change the Service to a plan with a lower monthly quota and cost. If you disagree with this change you may request the cancellation of your service with no early termination charge being applied.
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If the service is an ADSL service then, further to clause 5, the customer also acknowledges that if they change their retail telephone service provider to a provider that does not use the Wholesale Telecommunications Provider copper local loop, this may cause the cancellation of the Vintek Service. The customer may then be liable for cancellation and restoration charges where the customer requests that their Service be re-connected, and such reconnection may not be possible.
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The Service is provided ‘as-is’, and the customer accepts and agrees that it will have no claim for liability or damages, related to the failure to deliver a Service, or the removal or failure of that Service once installed.
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A Service which has permanently ceased to work (or ceased to be able to be offered) will result in the cessation of all forward service charges to the customer.
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The customer acknowledges that the installation of a Service may cause temporary disruption in the standard telephone services received by the customer.
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The customer releases and indemnifies Vintek from all liability (including third party claims) arising from the following (to the extent that the liability is caused by the provision or cancellation of a Service):
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Disruption in the delivery of telephone services;
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Cancellation of the Service for any reason;
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Suspension of the provision of the Service to particular Internet Protocol (IP) addresses;
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Cancellation of, or refusal by the Wholesale Telecommunications Provider to provide, services deemed by the Wholesale Telecommunications Provider to be incompatible with the provision of ADSL on the telephone line;
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Possible breaches of the Telecommunications (Customer Service Guarantee) Standard in respect to these issues.
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"Premises" means the location where you intend to use the Service. We will deliver your Service to the network boundary point of that Premises. This network boundary point is typically either:
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The "first socket" (in a free standing premises such as a house) or
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The "network termination device" (often fitted externally to newer dwellings, units and small business premises) or
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The Main Distribution Frame (in a multiple dwelling unit such as an apartment or business premise)
Cabling from the network boundary point to the location where you intend to use the Service is your responsibility and you may incur charges for any installation, repair or any other work required in relation to such cabling.
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Customer agrees that it will:
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Not interfere with the normal operation of the Service or any facility, or make either unsafe
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Allow Vintek or any other relevant third-parties (as applicable) safe access to the customer premises as required:
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in order to inspect or test a facility which may be causing interference or danger, and
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in connection with the provision, maintenance and repair of the Service or any related facility.
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Ensure that Vintek or any other relevant third parties (as applicable) is provided with sufficient and timely access to the customer premises to enable Vintek or any other relevant third parties (as applicable) to provide the Service.
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Permit Vintek or any other relevant third parties (as applicable) to modify any facility or equipment to avoid danger if requested by Vintek or any other relevant third parties (as applicable).
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If the customer does not own control or have access to the premises in which the Service is delivered, the customer must:
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Procure for Vintek or any other relevant third-parties (as applicable) all such access to the premises as may be required by Vintek or any other relevant third-parties (as applicable)
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Indemnify Vintek or any other relevant third-parties (as applicable) against a claim by the owner or occupier of the service premises, or any other person, in relation to Vintek or any other relevant third-parties (as applicable) entry onto those premises