Terms and Conditions
Updated: 20/06/2008
By submitting the order form and using the service you agree to these terms and conditions along side additional terms and conditions stated on the website applicable to a certain product or service. All Fast Access is trading under Turbo Solutions Internet Communications Ltd (company no. 05667578) reserves the right to refuse any accounts for any reason. Turbo Solutions Internet Communications Ltd reserves the rights to change these terms at any time without notice. It is the Customer's responsibility to ensure that they comply with the latest edition of the Acceptable Usage Policy (AUP) in force at any given time. You must be 18 years or older to register for the Service.
1. Definitions
1. ISDN Conversion
3. Provision of Service
4. Delivery
5. MAC Codes
6. Payment and Billing
7. Faults
8. Termination
9. Equipment
10. Subcontracting
11. Headings
12. Disclaimer
13. Liability
14. Amendment of These Conditions
1. Definitions
a) These conditions shall take precedence over any conditions of the customer.
b) References to 'ADSL' includes the provision of ADSL or equipment supplied by the company to the customer.
c) Agreement means the agreement between the company and the customer for the sale of goods and/or the supply of services.
d) Nothing in these conditions will affect any of the customers statutory rights as a consumer under the Sale of Goods Act 1979. ( as amended at any time) or any other applicable legislation and to the extent that the customer enters into the agreement as a consumer it will be a consumer contract under these conditions.
To use ADSL you must have a BT line without the following:
PBX Switchboard
ISDN 30(PRI)
Surftime
BT Data Stream
BT Video Stream
None BT Telephone Line
Redcare Alarm Monitoring
Pulse Metered Line
Coin/Pay Phone
ISDN
If this is found to not be the case then All Fast Access has the right to pass on any charges from the Telco to the Customer at their discretion.
2. ISDN Conversion
It is no longer possible to convert a ISDN 2/2e or Business/Highway line into ADSL. Certain fax machines will interfere with the ADSL signal so it is not recommended that you use a fax line for ADSL.
3. Provision of Service
a) Once you have signed up to a service then you agree to the provision of your line and to pay all the due fees.
b) Should you wish to cancel or make changes to the ADSL order before it is live you will be charged the current BT rates which is what we get charged by BT.
c) SDSL and Bonded ADSL are subject to 12 months contract. Orders changed or canceled before it has been committed will result in the current charges from the Telco.
d) All Fast Access will provision the order on the line number given by the customer. The ISP shall not be liable for any mistakes or delays resulting from an incorrect line number or postcode. All Fast Access has the right at their discretion to pass on any charges incurred from the Telco.
e) All Fast Access will use its reasonable endeavors to provide a prompt and continuing service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of All Fast Access, or by errors or omissions of the customer.
f) It is the customers responsibility to inform All Fast Access of any products on the line to be provisioned or any changes made once the service has commenced. If the Customer changes the characteristics of the line then All Fast Access shall not be held responsible if the service no longer works.
g) The Customer acknowledges that the Service will depend upon the characteristics of the Customer's line and that sometimes it may not be possible to supply the Service. In this event All Fast Access shall have the right to terminate this Agreement without liability to the Customer.
h) All Fast Access reserves the right to change the Customer's password at any time at its discretion.
i) Customers agree to acceptable use policy (AUP) at all time during the use of the service and Customers agree to pay any applicable over use charges
j) customer agrees to carry enough knowledge of their desired router in order to access the internet. All Fast Access will not provide support for routers.
4. Delivery
a) Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date time shall not be of the essence.
b) Delivery of the goods to the customers address or any other place stipulated by him shall constitute delivery and the risk therein shall pass upon such delivery to the customer.
c) All Fast Access shall be entitled to make partial deliveries by instalments and these conditions shall apply to each partial delivery.
d) The company shall not be held responsible for delays caused by data carriers or telephone companies providing local loops, nor for delays caused by the customer or the management of the customers premises, nor for other factors outside of the companies control.
5. MAC Codes
MAC codes will be issued within 3 working days of ticket acceptance and within OfCom guidelines. All Fast Access will not issue MAC codes if the customer is still in contract and does not wish to pay the necessary fees to terminate his or her contract
6. Payment and Billing
a) All billing is carried out under Turbo Solutions Internet Communications Ltd.
b) The Customer agrees to pay for the service and All Fast Access will not place any order until payment has been received in full. The Customer agrees that failing to make prompt payments will cause delays in the Service from being provided
c) It is the Customers responsibility to keep their card/payment and contact details up-to-date and pay any invoice within 20 days of the due date if payment has failed and cannot be taken. If payment is not made after 20 days then Turbo Solutions Internet Communications Ltd will charge £10 late fee to the Customer
d) Turbo Solutions Internet Communications Ltd issues invoices seven days before payment is due and the Customer agrees to make necessary changes to their email to ensure that invoices reach their destination, this includes but not limited to ensuring that the email address which the invoice is being sent from is on white list and that details are kept up to date via the client area.
e) Turbo Solutions Internet Communications Ltd will issue invoices from date of purchase
f) If Turbo Solutions Internet Communications Ltd does not receive payment within 40 days of invoice due date then the service will be terminated or suspended. This may include ceasing the line. Customers agree to make all necessary payments which includes but not limited to debt collection fees, reinstallation fees and cease fees. No MAC codes will be given at this point until full payment has been made and your line will become non-transferable .
g) Turbo Solutions Internet Communications Ltd reserves the right to change any fees for cancellations or billing which may occur due to late payments.
h) Turbo Solutions Internet Communications Ltd may, but is not required to, send additional communications to remind customer payment is due.
j) All Fast Access has the right to pass onto the customer any fees from the Telco due to an abortive visit by an engineer, order cancellation, change of line number, or any other expenses it incurs due to the Customer giving wrong or incorrect information or changing equipment.
k) All Fast Access has the right to alter or change fees for services.
l) Turbo Solutions Internet Communications Ltd cannot be held responsible for charges made to the customer by third party payment processor.
m) Turbo Solutions Internet Communications Ltd charge monthly for all services, this is the minimum amount billed. We do not give part refunds. By using our services you agree to this minimum charge.
7. Faults
a) ADSL is dependant on the Customers BT line, the Telephone Exchange and the Telco's Network. At times these may fail, or maintenance is carried out. All Fast Access is not liable for any downtime experienced and if long term planned maintenance is to occur they will endeavor to give you advanced warning.
b) All Fast Access may occasionally have to interrupt the Service or change the technical specification of the Service for operational reasons or because of an emergency. All Fast Access will give the Customer as much notice as possible of any planned interruption of the Customer's Service. In these circumstances The Customer shall have no claim against All Fast Access for any such interruption.
c) All Fast Access will correct reported faults as soon as possible. Should you have a fault please report it to our support team at http://support.allfastaccess.com.
d) The Customer agrees to follow the tests or answer the questions asked by All Fast Access to diagnose the faults reported. Should the Customer fail to perform the required tests then All Fast Access shall not be liable for any delay to correct the fault. Should it be found the Customer has given false information regarding a test and All Fast Access is charged by the Telco then All Fast Access reserves the rights to pass on any charges to the Customer at their discretion. Any delay to customer response may delay Customer Service rectification.
e) Should there be a fault that is due to the End Users equipment or wiring, or if you pursue a fault when there is no fault found by BT then we will pass any charges made by BT to the End User.
f) It is the End Users responsibility to ensure that they are using the correct equipment, and configuration for their service and we will not be liable for wrong or misconfigured equipment.
g) All Fast Access cannot be held response for any loss of service, telephone use or for any necessary charges made to the Customer which includes but is not limited to pay as you go dialup or telephone charges use which service is out of action.
h) The Customer has 48hrs to report a no synch fault from the activation date. After this time no refunds can be made. The Customer agrees to provide 30 days for All Fast Access and the Telco to repair installations/no synch faults. No refunds can be made during this time and the customer agrees to respond to communications within 2 days otherwise All Fast access reserves the right to prolong the process.
8. Termination
a) The Customer agrees to stay with All Fast Access for the minimum contract stated on the website. No Cease of line or MAC code will be provided during this time. The Customer may cancel the contract after one month from activation date if one month contracted is provided.
b) The minimum term shall commence from the date of activation.
c) Should the Customer cancel the service within the minimum term of contract then All Fast Access has the right to charge the Customer fees which would have been payable by the Customer for the balance of the Minimum Period of Service.
d) The earliest cancellation date is usually is one month from the next payment date, minus a day. All fees due to the time of cancellation and the cancellation charge are due.
e) Should the Customer default on payment we have the right to block and or cease the service. Should the customer then pay the outstanding amount and wish to cancel the cease then a charge will be due. All Fast Access reserves the right not to cancel a cease or supply broadband to an end user.
f) All ADSL IPStream cease charges will be charged to the Customer at the rate of £7. ADSL LLU line cease fees are charged to the Customer at the rate of £50. Customers should be aware that migration to the same line type is free of charge
9. Equipment
a) All equipment used for ADSL remain the property of All Fast Access until paid for in full by the customer.
b) All faulty equipment should be reported straightaway to All Fast Access.
c) Any equipment used for Bonded ADSL remains the property of All Fast Access. You may not rent sublet or hire out the equipment.
d) Bonded ADSL equipment must be returned promptly in its original packaging to All Fast Access on termination of contract.
e) All Fast Access holds the right to charge the Customer for damaged equipment or equipment not returned.
10. Subcontracting
All Fast Access reserves the right to sub-contract any part of any work or supply of any goods or services. The customer cannot sub let space without prior written consent.
11. Headings
The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
12. Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALL FAST ACCESS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ALL FAST ACCESS WEB SITE, OR SERVICES WITH THE DELAY OR INABILITY TO USE ALL FAST ACCESS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ALL FAST ACCESS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF ALL FAST ACCESS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALL FAST ACCESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ISP WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ALL FAST ACCESS WEB SITE. THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE SERVICE.
13. Liability
a) Nothing in this Agreement shall exclude or limit liability for (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or (b) fraud.
b) All Fast Access shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for any economic losses, reputation, or destruction of data.
c) All Fast Access liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to £200. Each provision of this paragraph excluding or limiting liability shall be construed separately, applying and surviving even it for any reason any other provision does not remain in force, notwithstanding the expiry or termination of this Agreement.
d) The Customer agrees to indemnify and hold All Fast Access harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.
14. Amendment of These Conditions
We reserve the right to add to and/or amend the Conditions at any time.