|
 |
|
 |
 |
March
01, 2005
Bluestar is pleased to announce new SkyStar service now available for Spain. [more] |
|
April 26, 2005
Expanded Email Accounts for all customers [more] |
|
|
 |
|
|
|
|
Bluestar Internet uses Qualtiy of Service Management to deliver the best and fair service to all our customers. These are the terms and conditions upon which Bluestar Internet will provide
global and national telecommunications services (the
"Services") to you, the customer with whom we make this
contract ("you"). By using 'Bluestar Internet' you agree to the
following terms and conditions:
In addition to these terms and conditions, specific carriers or contracted third parties may provide services subject to additional conditions and policies. Such conditions and policies will vary depending on service contracted by the customer. Any third party imposed conditions and policies will be enforceable by Bluestar and will be deemed to be part of Bluestar's general terms and conditions of use. Bluestar will make available details of specific per plan or service terms or policies to the customer at time of, or prior to, contracting service.
-
For the purpose of ensuring consistency in the terms
on which the Services are provided by Bluestar Internet to
its customers, Bluestar Internet may vary its terms at any time by posting the
changes on its website (www.bluestarinternet.net). Bluestar Internet
will only do this if it has a valid reason, for
example to reflect changing legal, regulatory or
business requirements. Your use of our services
after the amendments have been put
on our website you are bound by these terms and
conditions as varied.
-
Bluestar Internet may vary any charges or rates, or charge or collect
to/from you any taxes or duties imposed in relation to
the Services at any time. You can request details of
our prices at any time. All prices exclude IVA and/or VAT
unless otherwise stated.
-
Bluestar Internet will bill you for Services in accordance
with relevant terms, tariffs, rules and charges
applying at the time the Services are used. Ongoing billing for service will be performed monthly, unless otherwise agreed by us.
-
You represent that you are at least 18 years old and
that you have the right and ability to enter into
this Agreement.
In order to provide services to you, Bluestar Internet may
select and at any time change any carrier or other
service provider. You authorize Bluestar Internet to give all
notices, nominations and other authorizations
necessary for Bluestar Internet to provide Services to you. You authorise Bluestar Internet to collect as part of its service charges and fees any tax element due to any carrier or service provider for services provided.
Use of Personal Information
Information you provide or we hold (whether or not
under this Contract) may be used by us, our
employees and/or agents to:
-
usually as condition for provision of service, your personal details will be passed to our carriers for use only by them for purposes of record keeping and customer identification subject to European Privacy Legislation.;
-
identify you when you make telephone enquiries;
-
help administer any accounts, services and
products offered by Bluestar Internet now or in the
future;
-
help us to detect fraud or loss; and
-
write to, or telephone, you with information about
other services and products offered by us and our
carefully selected partners. We will not contact
you in this way unless you have previously
consented.
In order to tell you about discounts and offers
which may be available, we will process information
about your use of the Services, including usage levels and
and frequently-called numbers.
In connection with this Contract we may carry out
credit and fraud prevention checks with one or more
licensed credit reference and fraud prevention
agencies and they will retain a copy of the search.
Information from your application and payment
details of your account will be recorded with one or
more of these agencies and may be shared with other
organizations to help make credit and insurance
decisions about you and members of your household
and for debt collection and fraud prevention
purposes. This includes those who have moved house
and are in default.
The address given to us on application for a service
must match the address to which the appropriate
credit card is billed. If you provide false or
inaccurate information and we suspect fraud, we will
record this and will terminate service. We, and other credit organizations, may
use and search the records referred to in clause
3.4:
-
for debt collection, fraud prevention and
management of your accounts or insurance policies;
and
-
to check your identity to prevent money laundering
unless other satisfactory proof of identity is
provided.
If you require details of those credit reference and
fraud prevention agencies from which we obtain and
with which we record information about you, please
write to us.
Services are made available to you on condition that
you do not re-supply or resell or otherwise make
Services available to any person on an arms-length
commercial basis unless specifically agreed in writing by us, and that you do not use the Services
in any way or for any purpose prohibited by law. Bluestar Internet has a zero tolerance policy toward underage sexual material and will report any and all abuse of our service to law enforcement authorities without warning.You
agree to indemnify Bluestar Internet against any claims,
losses, damages, costs, liabilities and expenses
(including, without limitation, legal costs and
expenses) resulting from illegal actions in relation
to the Services provided to you whether engaged in by
you or any other person using the Services with your
permission. If you believe that someone else has used
the Service without your or our permission you should
notify us at the first reasonable opportunity. If you
do not you may be liable for any losses which you
suffer as a result.
Bluestar Internet will usually require customers to "pre-pay" and add funds to their call balance before outbound calls can be made. Customers not subject to this billing policy may be placed on "pre-pay" at anytime. Whilst pre-pay balances are not refundable, they will not expire and will only reduce according to customer usage. Bluestar Internet may impose a credit limit on your account
and/or require payment of a security deposit or
interim payment, at its sole discretion and at any
time. The purpose of the credit limit is solely for
Bluestar Internet's monitoring purposes and can be amended
without prior notice. Bluestar Internet may at any time apply
your security deposit or pre-pay call balance to meet any cost, loss or
liability incurred as a result of failure by you to
comply with these terms or to pay any amount payable
by you to Bluestar Internet or its related companies. Bluestar Internet may suspend the provision of the Services until
you comply with this clause.
We shall not be responsible for any delay or failure
to carry out our responsibilities under this Contract
for reasons beyond our reasonable control, including
for example acts of God, exceptionally severe weather,
industrial disputes, failure or shortage of power
supplies, act of terrorism or riot, war, default or
failure of a third party (including any Network
Operator or service provider) or their
telecommunications systems, or government actions.
Bluestar Internet does not warrant that connection will be
made, and cannot guarantee that the Services will be
free of faults or interruptions, phone echo, timely or secure to
the extent that they may be affected by things beyond
our control. We shall provide the Services with
reasonable skill, effort and care, but if you do experience a
problem, or suspect a fault you should first telephone
our Customer Services. If you do not, we will not be
responsible for any call-out or other charges you
incur from any Network Operator or other party.
Bluestar Internet do not warrant calls made in connection with
business activities that result in any loss of any
kind nor do Bluestar Internet warrant calls made to emergency
services for what ever reason.
Internet connectivity is provided "as is" and subject to resource management and fair usage policies and agreed bandwidth allocations and Bluestar Internet will not be liable for any loss of any kind for whatever reason due to unavailability of connectivity. Download Speeds are "best effort" and not guaranteed however automated systems are in place to maximise service levels and maintain service quality.
VOIP services, apart from the Hughes DW6040 service, are supplied "as is" and not part of the contractual internet service. Bluestar Internet provides no warranty for VOIP services as such services may be impacted directly by your service plan and usage limits.
Bluestar Internet or its agent will bill you for all Services
supplied by Bluestar Internet to the service numbers nominated
by you or Bluestar Internet. Voice services are billed by the
minute, call charges are rounded up to the nearest
penny or cent.. Bandwidth provision is based
on the agreed monthly service tariff and may be
reduced if a customer exceeds their monthly
allocation..
Bills for Services if appropriate, will generally be
issued monthly. Bluestar Internet or its agent may vary
billing frequency at any time by prior written notice
to you. You must pay any bill by its due date. You
accept that any supply of Services to any person
making telephone calls from the numbers nominated by
you or Bluestar Internet is deemed to be authorized by you and
that you must pay any charges arising out of that use
unless you let us know at the first reasonable
opportunity if you discover that someone is using the
Services without your permission.
Monthly fees should be paid by way of a regular credit or debit card payment, details to be provided by you and kept on file. We may allow the use of a third party billing service such as PayPal, PPPay, or Moneybookers and collect regular monthly payment through them. Customer accepts that use of such services may be subject to a 3% surcharge per transaction to cover the high processing costs imposed by these billing services.
If a card payment or other form of payment is
dishonored or cancelled Bluestar Internet shall pass on any
administration fee, which may include third party
charges. It is your responsibility to ensure we have up-to-date billing information. Declined payments will be subject to a standard £10.00 charge per instance.
If you do not pay your bills on time, Bluestar Internet will impose an automatic £5.00 late fee in addition to any other charges for declined payments. Bluestar Internet reserves the right to charge you interest on overdue amounts at 4% per month
above HSBC's UK base rate. Interest is
calculated and accrues daily.
Bluestar Internet may suspend and/or disconnect your Services
at its discretion. We will normally inform you first
if we are going to suspend or terminate your access to
the Service however are not obliged to do so .
Bluestar Internet has a zero tolerance policy toward Spamming of any kind using our network or services and you will be liable for any and all fines, charges, costs, penalties and fees imposed upon us or issued by us in order to deal with your breach of these terms. Spamming is a serious violation of these terms and in the rare cases where we do not terminate service, we may impose a de-restriction fee of £250 and request a security deposit. In any and all cases, the minimum fee charged for any instances of Spam by our customers, regardless of whether or not service is restored, will be £250.
Service is provided on the basis that you will abide by the principal of "fair use" and not put yourself in breach of these terms. Our terms and conditions and policies are designed to keep you within the terms and guidelines imposed and/or expected by our carriers, agents or suppliers. In cases where your usage exceeds your agreed allowance or goes beyond use or breaches our terms you may be suspended, restricted or terminated by our end carrier without warning. Any fees or charges required or imposed by these third parties will be passed to you and you will become liable for immediate payment. Fees may be required before service may be de-restricted or restored. In the event where a terminating carrier refuses to restore service to you, Bluestar will consider your service terminated.
Charges for de-restriction are £50.00 per instance. Suspended accounts will be subject to a £25.00 administration charge in addition to any other charges due under these terms and conditions. Accounts terminated will be subject to a £50.00 charge and any amounts due will become immediately payable. These charges are in addition to our rights detailed elsewhere within these terms.
If Bluestar Internet ceases to provide Services, Bluestar Internet
may obtain an alternative provider to provide the
Services to you. You agree to the assignment of Bluestar Internet's rights under these terms and conditions to
that alternative provider provided the level of
service you currently experience is not significantly
reduced as a result.
Customers who are on subsidised service fees will remain so for as long as specifically agreed or a maximum 12 months, after which they will revert to standard plan billing. This benefit ceases if it becomes unviable for Bluestar Internet to continue to subsidise monthly service fees or if a change of carrier results in different service levels and charges. If any customer on subsidised plans should be late in payment, have their account restricted or suspended, then they will revert to standard pricing without further notice. Customers who benefit from subsidised monthly plans must pay any subsidised amount in full to Bluestar Internet if they cancel their service before the first 24 months of service provision.
You must keep confidential all passwords you have
nominated to be connected with the Services. You agree
that Bluestar Internet will disclose any information in
connection with your accounts to anyone who correctly
quotes your password and you also agree that our
automated billing reminder/information announcements
and /or other information will be heard by anyone
accessing the services. Bluestar Internet staff will never request confidential information by email. Do not respond to any such requests and report any suspicious emails to our abuse team immediately.
You shall not use, nor knowingly allow others to use,
the Services for any improper or unlawful purpose or
in any manner that is offensive or unlawful.
If any part of these terms and conditions is
unenforceable (including any provision in which Bluestar Internet excludes its liability to you) the
enforceability of any other part of these terms and
conditions will not be affected.
Any notice under this contract, whether required to be
written or otherwise, may be given by us to you by
post, personal service, email or SMS messaging to any
email address, or phone number, you have given us to
correspond with you. You must give notices to us by
post, personal service, or email to the
address set out in these terms and conditions. If you
wish to terminate this Contract you must give us 14
calendar days' notice. Each customer installation ("vsat") has a 24 month minimum contract and service cannot normally be cancelled during this time without payment of a cancellation fee, pro-rata based on months left on your contract (approximately 70% of any subscription fees left to pay during the 24 month minimum contract) . If you have also enjoyed subsidised or discounted pricing for monthly service, you will also be required to pay the difference between fees charged and standard fees up to the point of cancellation or a minimum of 100 Pounds, whichever is greater if you end your agreement within the 24 month period . If we wish to terminate this
Contract we must give you 30 calendar days notice unless termination is as a result of fraudulent or criminal activity, abuse of service or non payment.
Bluestar Internet requires payment in advance for new systems and installations given the value of equipment and the resources involved in providing the service. Therefore Cancelled Orders are subject to
a minimum administration fee of 25% of the total order value. Orders cannot be cancelled 48 hours prior to installation.
Equipment supplied by and installed by Bluestar excluding cabling, and VOIP equipment, are subject to a 12 month return to manufacturer warranty. VOIP equipment is supplied with a 90 day return to manufacturer warranty. Bluestar Internet, at its discretion, may provide the customer with loan equipment whilst their equipment is processing through the RTM cycle. Supply of any loan equipment may be subject to a security deposit and/or rental fee and is supplied on the basis that it is to be returned to Bluestar upon customer equipment ending RTM cycle. Customer is responsible for ensuring all faulty equipment is returned to Bluestar Internet within 14 working days by means of insured courier or postal service. Bluestar Internet accepts no liability for loss or damage of items in transit to or from us. Bluestar Internet will be responsible for costs involved in returning equipment from our offices to the manufacturer and arranging return to customer. All equipment returned remains property of customer providing has been fully paid for. In the event that an item is replaced or repaired, any repaired or replaced items will become the property of Bluestar Internet. Manufacturer decision on returned items is final and customer will be liable for any costs in returning items found not faulty back to them. Out of Warranty items should be returned to Bluestar Internet who will obtain an estimate of repair cost and forward for service, subject to customer approval. Bluestar warranty installations as a whole for 14 days and this includes movement of dish caused by natural forces. Bluestar Internet does not cover loss, and warranty specifically excludes accidental damage, damage caused by manipulation of the system by the customer, usage of the system in breach of our terms and conditions, damage caused by forces of nature, acts of God, or by electrical current or supply.Bluestar cannot warranty product supplied for self install and delivery outside the European Union.
Bluestar Internet recommend that all customers using a
connection for Internet access install firewall and
virus protection. Bluestar Internet shall not be responsible
for any data loss or corruption howsoever arising. Customers are warned that if they do not adequately protect their computers from outside infection or tampering that they run the risk of having their service suspended, restricted or terminated, if their machine(s) are deemed to be a risk to our network.
Realignment of dishes, resetting of equipment and general or no fault found callouts will be charged at 75Euros per hour, plus 30 cents per km. Minimum charge of 100 Euros. In addition any motorway tolls or special transport costs (e.g ferry,plane etc) will be charged at cost.
Upon installation
we recommend that your equipment is covered by your
insurance company to include theft, accidental damage
and environmental damage. Any equipment supplied should at least be protected by a surge protector. Systems not protected by surge protectors will not be guaranteed.
All prices shown on our web site are exclusive of VAT
(IVA) unless otherwise clearly stated.
Whilst our services are more than capable of allowing video streaming and multimedia, customers should be aware at all times of their service plan and agreed bandwidth allocations. Satellite Broadband is a completely different business model to conventional landline ADSL and DSL solutions and costings are significantly different. Therefore customers who breach their bandwidth limits run the risk of account suspension or restriction and any charges that may result. Customers who are restricted or suspended for exceeding their allocations will be requested to pay any service fees due to restore service. After the second instance of suspension or restriction, customers will be required to pay any due service fees and will be required to move up to the next plan and subsequent higher monthly charges that plan entails. Any special offers, discounted or subsidised plans enjoyed by customer at this time will cease. Bluestar Internet does not allow Peer to Peer networking or file sharing due to the implications such use could have on our network. Use of such will be considered a material breach of these terms of service.
Bluestar Internet accepts all orders in good faith and will attempt to complete all new installations in a timely manner, usually 21 working days from receipt of cleared payment. Subject to cancellation charges mentioned elsewhere within these terms, customers can cancel orders up until 48 hours before installation. In the unlikely event we have been unable to carry out an installation within 60 working days from receipt of cleared payment in full, subject to the clause below, we will gladly cancel the order upon request and refund in full any monies paid in advance.
In cases where we have attempted to carry out an installation and are hampered by client not being available, access to property being denied or refused, permission refused or delayed for installation of dishes and cabling in communal areas/apartment blocks, client property being unsuitable for installation or not completed, any remaining balance due not paid prior to installation and any other delay caused by the customer directly or indirectly, then our intent to fulfill the order will be obvious and the order may not be cancelled by the customer unless otherwise agreed by us and subject to cancellation charges detailed in these terms and any costs involved by us in getting to customer site. In cases where we have begun an installation only to be denied or hindered from completing, cancellation will be subject to published terms and charges plus the cost in full of any equipment or items plus labour charges already installed or deployed, used.
All deliveries of goods
and services shall be supplied subject to the
availability of such goods (stock) and the staff
required to carry out their installation. Availability of equipment is in many cases beyond our control and we are not liable for any delay caused by suppliers or manufacturers or their agents. It is in our interest to ensure timely completion of all orders and customers are assured of our best efforts in this regard.
Bluestar Internet provide services to all of Spain and can also arrange installations in the United Kingdom and Portugal. Whilst we endeavour to provide a fair price to all our customers, we reserve the right to vary our price and or impose surcharges for initial orders and installations depending on the Customer's geographical location and distance from one of our insallation teams.
Bluestar Internet does not provide free technical support beyond what we consider standard to enable the average customer to enjoy our service. We support as standard Windows XP and do not guarantee to support any other operating systems. Customers must have a computer with working and properly installed network card/ethernet port. Additional hardware supplied by us to enable use of our service will be chargeable and we are not liable for any instance of customers not being able to use our services as a result of having hardware not compatible or not covered by our standard remit. Technical support provided above or beyond our remit may be chargeable on an hourly basis and in those cases where we do provide it free of charge, it should not be taken as a waiver of this clause for future instances. Bluestar does not guarantee availability of technical support 24/7 however does have several options available to customers. These may be varied at any time but currently include online support and FAQs, email support, support ticket system and telephone or in person support.
Bluestar Internet is not liable for any funds paid to Agents , Resellers or other third parties in consideration for provision of service or monthly billing in the event that these are lost or not passed on to us. If you are in any doubt about the legitimacy of any Agent or Reseller, you should contact us first before parting with any funds. Agents and Resellers are expected to handle client funds with due care and should honour cancellations in accordance with the terms outlined above. If you have requested service through an Agent or Reseller, these should be your primary point of contact up until the point that service has been initiated and installation completed. Agents and Resellers may vary pricing charged to the customer and may have additional terms and conditions of their own which you will be expected to abide by. Agents and Resellers may also provide additional value added services and Bluestar Internet shall have no liability or responsibility whatsoever for these.
You confirm that you are the legal owner of the property at which the service will be installed and used. In the case of leased properties Bluestar Internet will require a copy of said lease and permission as applicable from the property owner. Bluestar Internet does not install equipment at rented private property unless we are in receipt of permissions and documentation we deem necessary from the property owner.
The laws of the European Union apply to this contract.
|
|
|