C&W GUERNSEY GENERAL TERMS AND CONDITIONS

C&W Service Specific Terms and Conditions should be read in conjunction with these C&W General Terms and Conditions.  Where there is conflict the Service Specific Terms and Conditions supersede these General Terms and Conditions.  

In these terms and conditions:

"Acceptable Use Policy" means a separate document showing the rules and etiquette governing Our customers in their use of the Internet and is available on Our Website www.surecw.com.

"Agreement" means the contract between You and Us incorporating these Terms and Conditions, the C&W Service Specific Terms & Conditions, Our Order Form, Price List and Service Schedule.

"C&W" means Cable and Wireless Guernsey Limited.

"Consumer Code of Practice" means Our published Consumer Code of Practice that can be seen on Our web site at surecw.com and is printed in Our telephone directory.at or obtained from Our main offices or sent to You upon request.

"Contact Details" means the name and telephone number of a person who is Your contact point.

"Customer Premises Equipment (CPE)" means Telecommunications Apparatus (including any extension wiring and sockets) located at Your Premises and connected to a Telecommunications Network at a Network Terminating Point.

"Fair Usage Policy" means Our policy that applies to certain of Our Services that provide access to the Internet.  Our Fair Usage Policy is available at http://www.surecw.com/guernsey/page-1185.  Our Fair Use Policy may change from time to time.

"Fault" means any failure of the Service causing continuous total loss of the ability to convey messages, but does not include the loss of such ability arising as a result of Our suspension of Service under the provision of this Agreement.

"Interconnection" means the physical and logical linking of Telecommunication Networks used by the same or a different organisation in order to allow the users of one organisation to communicate with the users of the same or another organisation or to access services provided by another organisation; and services may be provided by the parties involved or other parties who have access to the network.

"Normal Working Hours" means work carried out between 08-00 to 17-00 hours, Monday to Friday (but excluding Public/Bank Holidays in the Bailiwick of Guernsey).

"Order Form" means Our Order Form, signed by You, detailing the Service and other relevant information forming part of this Agreement.

"Other Licensed Operator" means a person other than Us to whom an individual licence has been granted or who is authorised by a class licence to establish, operate or maintain a Telecommunications Network of a class or description specified in the licence, or to provide a telecommunications service of such a class or description, or both in accordance with the Telecommunications (Bailiwick of Guernsey) Law, 2001 or law in any other jurisdiction under which a telecommunications licence has been granted.

"Premises" means the premises in which Service is or is to be provided under this Agreement.

"Price List" means Our published Price List detailing the Service and other relevant information forming part of this Agreement.

"Service" means a telecommunications service or any facilities provided by Us for You in connection with the Service, as specified in Our Order Form, Price List and Service Schedule that forms part of this Agreement.

"Service Delivery Date" means the date on which We make Service ready for use.

"Service Number" has the same meaning as "numbers" in section 31 of the Telecommunications (Bailiwick of Guernsey) Law, 2001.

"Service Schedule" means any service level agreement that may form part of any applicable Service Specific Terms and Conditions, and as such forms part of this Agreement.

"Telecommunications Network" has the same meaning as in section 31 of the Telecommunications (Bailiwick of Guernsey) Law, 2001.

"You"or "Your" means the customer entering into this Agreement.

"We", "Us" or "Our" means Cable and Wireless Guernsey Limited.

words in the singular include the plural and vice versa.

2.1   We shall provide the Service to meet the delivery date specified in Our Service Schedule or another date that We agree with You.

2.2   If You ask Us to provide any part of the Service outside Normal Working Hours then We will charge You at Our applicable hourly rate as set out in Our Price List.

3.1   If in order to meet Your requirements We need to provide any part of the Service in a non standard or exceptionally expensive manner then We may make additional charges.  We will notify You of any additional charges and You may cancel Your application for the Service within 14 days of the notice being sent.

3.2   If the special provision of the Service requires additional or amended terms and conditions then We will notify You of them and You may cancel Your application for the Service within 14 days of the notice being sent.

3.3   For operational reasons, We may change the technical specification of the service used by Us for provision of the Service to You, provided that any change to the technical specification does not materially adversely affect the performance of the Service.

4.1   We may from time to time give You instructions about the use of the Service that We believe are in the interests of health, safety or quality of service to You or other customers. 

4.2   You or any other person may only use the Service in accordance with the Telecommunications (Bailiwick of Guernsey) Law, 2001 and any instructions that We may notify to You.

4.3   You shall not use the Service or permit any other person to use the Service:

4.3.1    for any communication that is grossly offensive or of an indecent, obscene or menacing character;

4.3.2    for the purpose of causing annoyance, inconvenience or needless anxiety to another by sending messages that are known to be false or of a persistent nature; or

4.3.3    In breach of instructions We have given You under paragraph 4.1.

4.3.4        in a manner that violates C&W's Acceptable Use Policy (which may change from time to time and which currently may be found on C&W's web site at www.surecw.com) or any other policies referred to under this Agreement. 

4.3.5        in a manner that is or could entail the commission of an offence that is a breach of any relevant law or regulation.

4.4   In addition to the rights given under Clause 14, We may give You immediate notice and suspend  the Service:

4.4.1    If it is used in a manner that materially harms the integrity, security or interoperability of the Telecommunications Network;

4.4.2    Is used with equipment that is not approved for connection to the Telecommunications Network; or

4.4.3    Under the direction of a competent authority, if it is used in a manner, or in relation to, the commission of offences against any relevant law or regulation.

4.4.4    If it is used in breach of conditions under 4.3 whether by You or any other party with or without Your knowledge.

4.5   We may vary the technical specification of the Service from time to time and occasionally may have to change the Service Number.         

4.6   Our Fair Usage Policy applies to some services You may take from Us.    If You use the Service in a way that violates Our Fair Use Policy We may restrict Your use of the Service by any means permitted under that policy.  Such action may include, but is not limited to, restricting the amount of capacity made available to You for the use of the Service.

See Service Specific Terms and Conditions and terms in the Service Schedule applicable to that Service.

6.1   We will provide You with a working Service although We cannot guarantee that it will always be Fault free.

6.2   If You detect a Fault in the Service then You must report it to Us by telephoning the number specified on Our Order Form or any other number that We may notify You of.  You must provide Us with details of the nature of the Fault, the Service Number and Contact Details so that We can inform You of progress.

6.3   If You report a Fault in the Service We will respond as detailed in Our Service Schedule, to correct the Fault by undertaking one or more of the following actions:

6.3.1    We will provide advice to You by telephone including any tests and checks that You should carry out;

6.3.2    Where appropriate, We will carry out diagnostic tests from Our premises, or

6.3.3    Attend a point in Our network or visit Your Premises if Our previous actions have not cleared the Fault and We consider that such a visit is necessary.

6.4   If We undertake work to correct a reported Fault in the Service and find there is none We may charge You for the work at the applicable hourly rate set out in Our Price List.

6.5   If, at Your specific request, We agree to attend a reported Fault in a Service outside Our Normal Working Hours then You will be charged at the applicable hourly rate set out in Our Price List or as detailed in Our Service Schedule.

7.1   If You ask Us to relocate or reconfigure the Service then We may either:

7.1.1    agree to Your request and You must pay Our applicable charges set out in Our Price List; or

7.1.2    require You to give notice to terminate the Service and apply for a new Service.

The Service provided under this Agreement is for an initial term of 12 months (the "Initial Term") from the Service Delivery Date unless otherwise specified on the Order Form and unless terminated under the provisions of paragraphs 14, 17 or otherwise, will continue for one or more continuous terms of the same length. A further Initial Term of service shall apply in respect of each new facility added or changes made to the Service at Your request.

If We accept an application for the Service for a term that is less than the normal term for the Service We shall regard the Service as temporary and charge You accordingly, as set out in Our Price List.

10.1 If the Service requires Interconnection with Other Licensed Operators then We are only responsible and liable for the part of the Service under Our direct control.

10.2 We may suspend or terminate the Service immediately, without notice, if any other part of the Service is terminated or suspended.

10.3 You shall be responsible for making any necessary application for the Service to Other Licensed Operators.  If You request and We agree, then We shall act as Your agent and negotiate and enter into a contract for the Service with Other Licensed Operators on Your behalf.  You shall be responsible for complying with the terms and conditions of the Other Licensed Operator.

10.4 If We agree to pay the Other Licensed Operator's charges on Your behalf then We will charge You for their fees in advance.

11.1 All charges for the Service, which may be amended from time to time, are detailed in Our Price List that can be seen at or obtained from Our main offices or sent to You upon request.  They may also be available on Our web site at http://www.surecw.com/.

11.2 Published rates include local taxes, where applicable, unless otherwise stated.

11.3 You are responsible for checking the details and accuracy of Your bill.

12.1 You shall pay to Us on demand all applicable charges for the relevant Service at rates specified in Our Price List.

12.2 All amounts due under this Agreement shall be paid in full without any deduction or withholding other than as required by law.  You shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.

12.3 We reserve the right to charge interest on any balances which remain unpaid from the due date to the date of payment and/or a late payment fee at rates notified from time to time at www.surecw.com.

We may carry out credit checks and refuse to provide the Service to You if the result of the credit check is not satisfactory.  We may from time to time require payment of a deposit.  If a deposit is required We shall notify You of the amount and You shall pay Us immediately.  We may credit the deposit against any charges due to Us or upon discharge of Your liabilities to Us, refund it together with any interest that We may deem appropriate. 

14.1 If You:

14.1.1  do not pay within 21 days of any charge it falling due or break this Agreement in any other way We will send You a reminder, stating that payment must be made within a further 7 days of the reminder date.  If payment is still not received or You

14.1.2  are subject to bankruptcy or insolvency proceedings;

14.1.3  have been declared en désastre: or

14.1.4  do not prevent Service being used in a way prohibited by this Agreement.

We can (without losing or reducing any other rights or remedy):

a)  suspend the Service (including partially) temporarily without notice, though You remain liable to pay rental during the period of suspension,

b)  terminate this Agreement and the Service provided under it by immediate notice. 

14.2 More detail is provided in Our Bill Payment Code of Practice, which forms part of Our Consumer Code of Practice.  In particular You should refer to it if You have difficulty paying Us.

14.3 "Bankruptcy or Insolvency proceedings" means bankruptcy proceedings, becoming insolvent, making any composition or arrangements with creditors or an assignment for their benefit, any execution, distress, diligence or seizure; or if You are a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having receiver or administrative receiver of any assets appointed.

14.4 On termination under paragraph 14.1 or otherwise; as well as other sums payable up to the end of the Agreement, You may be required to pay Us the rental or other charges which would have been payable for the remainder of the Initial Term of Service at the rate in force in Our Price List at termination but We will make due allowances for any rental You have paid in advance for a period ending after the end of the Initial Term of Service, and make a repayment where appropriate.

14.5 As well as other sums that You may become liable to pay for, You continue to be liable to pay all charges that are due for the Service during the period in which You do not comply with this Agreement until the end of the term of service.

15.1 Prior to the Service being provided, this Agreement may be cancelled by:

15.1.1  You although We may make a charge for any abortive work undertaken and/or any money spent to meet Your requirements;

15.1.2  Us if paragraph 32 of this Agreement applies.

16.1 We may suspend the Service immediately and without notice in an emergency in order to provide or safeguard service to a hospital or to the emergency, or other essential, services.

16.2 We may suspend the Service giving You as much written or oral notice as reasonably practical and possible and not less than 24 hours:

16.2.1  for the purpose of repair, maintenance or improvement of Our Telecommunication Network; or

16.2.2  to permit the passage of vehicles with abnormal loads.

16.3 We will restore the Service as soon as reasonably possible after the suspension.

16.4 We may suspend the Service if You breach any of the terms of this Agreement.

17.1 We may terminate this Agreement by giving You at least one months notice.  If We give You notice then You must pay rental and any other applicable charges up to the expiry of the notice period.  We will credit or refund the appropriate proportion of any rental paid in advance for the period after Your liability for rental ceases. If You have been suspended from service due to non-payment of accounts We may terminate the Service after one month should payment still be outstanding.

17.2 We may terminate or suspend provision of the Service to You in circumstances described in these C&W General Terms and Conditions and in particular clauses 14 and 16.

17.3 You may terminate this Agreement by giving written notice to Us of at least one month.  If You terminate this Agreement during the Initial Term of service You shall be liable for any outstanding charges at the rate in force at the time.  Outstanding rental charges shall not be payable if:

17.3.1  the Service is replaced with another Service from Us that We deem to be comparable; or

17.3.2  We materially change the rental charge or terms and conditions of this Agreement to Your detriment.

17.4 Your notice does not avoid any other liability for the Service already provided.

We may monitor and record calls made to or by Us.  We do this for the protection of You and Us, training, customer service and telemarketing purposes.

See Service Specific Terms and Conditions or terms in the Service Schedule applicable to that Service.

See Service Specific Terms and Conditions or terms in the Service Schedule applicable to that Service.

21.1 You must provide to Us when asked any information and /or co-operation that We may reasonably require in order for Us to provide the Service under this Agreement.

21.2 You shall promptly inform Us of any changes to any details originally provided to Us in relation to the Service and this Agreement.

21.3 In order to investigate abuse of the Telecommunications Network You must provide to Us, when asked, any information and records relating to the use of the Service or equipment.

22.1 The parties will keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under this Agreement and will not disclose that information to any person (other than their employees or any entity in the C&W Group) without the written consent of the other party.

22.2 This paragraph 22 will not apply to:

22.2.1 any information that has been published other than through a breach of this Agreement;

22.2.2 information lawfully in the possession of the recipient before the relevant disclosure;

22.2.3 information obtained from a third party who is free to disclose it; and

22.2.4 information that a party is requested to disclose and if it did not could be required by law to do so.

See Service Specific Terms and Conditions and terms in the Service Schedule applicable to that Service.

All complaints and arbitration shall be dealt with in accordance with Our Consumer Code of Practice.

We shall have the right to assign, subcontract or transfer all or any of Our rights and obligations under this Agreement to any person and shall notify You prior to exercising the right to assign, subcontract or transfer such rights or obligations.

26.1 Any intellectual property rights existing in any information, software and equipment supplied to You in connection with the Service shall remain Ours or the appropriate owners of such intellectual property rights.  Such information shall not be copied, used or disclosed (other than for the purpose for which it was supplied) without Our prior written consent.  

26.2 The words or marks "Cable & Wireless" and "Sure" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of Cable & Wireless or one of the Cable & Wireless Group companies or third parties. ALL RIGHTS RESERVED.

Copyright of all information supplied to You in connection with the Service shall remain Ours or the copyright owners.  Such information shall not be copied, used or disclosed (other than for the purpose for which it was supplied) without Our prior written consent.

28.1 This Agreement shall come into force immediately and shall continue until the Service is terminated.

28.2 This Agreement sets out the entire terms and conditions under which We provide the Service to You.

28.3 Any clause that is expressly or implicitly intended to survive the termination of this Agreement shall survive termination of this Agreement.

You must indemnify Us against all claims that anyone other than Yourself threatens or makes against Us because of the way in which the Service is used.

This Agreement shall be governed by and constructed and interpreted in accordance with the Laws of the Island of Guernsey, and each party hereby submits to the exclusive jurisdiction of the Guernsey Courts.

31.1 We do not exclude or restrict liability for death or personal injury resulting from Our negligence.

31.2 We are not liable to You either in contract, tort, (including negligence) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatever.

31.3 Our liability to You in contract, tort (including negligence) or otherwise in relation to provision of the Service, or otherwise under this Agreement, is limited to the value of any amounts paid by You to Us under this Agreement in any 12 month rolling period, starting on the date on which We commence the provision of the Service in accordance with clause 2.1.

31.4 Each provision of this paragraph limiting or excluding liability operates separately.  If any part is held unreasonable or inapplicable in any circumstances the other parts shall continue to apply.

31.5 We will accept liability for failure to meet any of Our obligations stated in any Service Schedule applicable to the Service but only to the extent stated in paragraph 31 and as limited in paragraph 32 of this Agreement and in the relevant Service Specific Terms and Conditions and Service Schedule.  In any conflict between the terms and conditions of paragraph 31 and the applicable Service Specific Terms and Conditions or Service Schedule the terms and conditions of paragraph 31 shall prevail.

31.6 You are responsible for the security and use of any access code, password or PIN numbers used with the Service.  You are advised not to use them with Customer Premises Equipment or any other appropriate equipment that has a memory, such as telephones with last number dialled and display facilities.  We will not be held liable for any loss that You may suffer as a result of Your failure to comply with this clause. 

31.7 Customer Premises Equipment DOES NOT provide immunity from fraudulent intrusion or hacking and You are responsible for ensuring that You have taken all measures to prevent such fraudulent use of Your CPE which may include hacking or any form of toll fraud, rogue dialling or other forms of fraud that causes Your CPE to make calls or incur charges that You are not aware of.  We will not be held liable for any loss that You may incur as a result of any failure to comply with these terms and conditions or as a result of any fraudulent activity that is conducted against You through Your CPE. We do not monitor the usage of Your CPE on an individual basis and the monitoring of the charges incurred by You is Your responsibility. In the event that We incur charges as a result of any hacking or fraudulent activity, then We will seek to recover those charges from You in full and You will pay all such charges as may have been incurred.

We are not liable for any breach of this Agreement which is caused by a matter beyond Our reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving their employees), extremely severe weather or acts of government or other competent authorities.  If We are prevented by restrictions of a legal or regulatory nature from supplying the Service, We will have no liability to You for failure to supply the Service.

33.1 Notices given under this Agreement must be in writing and delivered by hand or sent by facsimile or prepaid post as follows:

33.1.1  To Us: at the address of Our office shown on Our Order Form or on Your last bill or any alternative address that We may notify You of;

33.1.2  To You: at the address that You ask Us to send bills, the address of the Premises, or if You are a limited company to Your registered office.

34.1 You warrant that You have and do, and undertake that You will, comply with all applicable data protection legislation including, without limitation, the Data Protection (Bailiwick of Guernsey) Law 2001.

34.2 We warrant that We have and do, and undertake that We will, comply with all applicable data protection legislation including, without limitation, the Data Protection (Bailiwick of Guernsey) Law 2001.

34.3 We will use the information We have about You and Your use of the Service for marketing purposes.  We will not do so if You ask Us not to.

34.4 We will process Your billing data and information about Your use of the Service for marketing Our own telecommunications products and services.  This enables Us to better inform You about products, services and options that We provide and believe may be of particular interest to You.  We will not disclose this information to anyone other than members of the Cable & Wireless Group.  We need Your consent to continue to give You all the benefits that this processing provides and You should indicate if you do not wish to provide us with such consent on the Order Form for the Service.

34.5 We may pass information We have about You to other companies within the Cable & Wireless Group in order to facilitate the provision of services to You.

We may change the terms or conditions of this Agreement at any time.  Where practicable, or unless necessary to comply with any regulatory obligation to which We may from time to time be subject, We will publish details of any change at www.surecw.com at least 21 days before the change is to take effect.  We may also provide You with notice of the change in La Gazette Officielle, in Our retail outlets or on the next bill that is sent to You or by letter or in any other way, as We deem appropriate.

If either party fails to exercise or enforce any right conferred by this Agreement it shall not be deemed to be a waiver of those rights nor bar the exercise or enforcement of them on any later occasion.  If We waive a particular breach of this Agreement by You, that waiver is limited to the particular breach.