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Terms and Conditions of Use - Broadband
These terms and conditions apply to all broadband products including ADSL & SDSL.

1. Definitions

In our terms and conditions we use words that have specialised meanings. Below are some of the most common of those words and their meanings:

'We' or 'us' refers to "Aviators Network", a trading name of Isoact Ltd., whose registered office is at 6 Albany Street, Edinburgh, EH1 3QB, Scotland (Company Number: SC138852).

'Service' refers to the service(s) which you have chosen to select or purchase. The term is used on your order, as witnessed in the electronic registration procedure.

'Fees' refers to those charges we make for initial connection to the service and for continued access.

The fees are determined by the Service which you have decided to select or purchase.

'This Website' refers to this website, accesible on the Internet via the address: http://www.aviators.net

2. Terms and conditions

By completing the order form or electronic registration, you have agreed to these terms and conditions. When we have processed your order form or electronic registration, and received any fees that are due from you, we will provide you with the relevant service. The right to use the Service is personal to you.

3. Supply

In order for us to be able to provide the Service, you must have the right computer equipment. This includes owning a modem and a telephone line, subject to eligibility (see point 4). Any fees that we charge for the Service do not include providing you with any equipment or telephone lines (unless we agreed specifically to do so). It is your responsibility therefore to ensure you have the necessary means to access the Service, and that it is the right Service for you. We have no obligation to advise you of new services or upgrades. The cost of the telephone calls you make to our network will be charged to you by your telephone company, and must be paid by you. Please remember that in general you are charged by a telephone company for the actual length of time connected to the Service. It is your responsibility to ensure that calls are charged at any special rate you have agreed with your telephone company.

4. Eligibility for BT SurfTime

4.1

BT SurfTime packages will be available for business and residential customers fitted with the following types of BT lines:

  • Residential PSTN lines
  • Business PSTN lines
  • Home Highway lines
  • Business Highway lines
  • ISDN2 and ISDN2e lines
  • Featurelines
  • Featurenet Embark lines
  • Renters Payphone lines

4.2

BT SurfTime is subject to availability at your Local Exchange.

4.3

BT SurfTime will not be available using a BT Chargecard or Ring Me Free.

4.4

BT SurfTime packages will not be available to customers with the following line types:

  • Light User Scheme lines and SupportLine customers
  • Outgoing Calls Barred lines
  • BT In-Contact lines
  • Lines not provided by BT
  • Out of Area lines
  • Exchange lines provided at non served premises
  • Service Provider Calls & Access lines
  • Shared Service lines - Support lines
  • Temporary lines
  • Low Loss lines
  • Alarm lines
  • ISDN30 or Multilines
  • Featurenet lines (non-Embark versions of Featurenet)

5. Passwords and security

We will provide you with a password and username. Both of these must be kept secret. You must notify us immediately if you think that anyone else knows your password and/or username. In the event of a suspected security breach, we reserve the right to change your password. If that happens, we will notify you of this as soon as we can. Please remember that, when using the Service and sending data to other people, your communication link may not be secure. It could be unsafe to submit your credit card or debit card details, or other personal information, over the Internet. Unless you have agreed to buy a Service which allows more than one person to access it, only one connection may be made at any time using your username and password. You can share the Service with members of your family provided that only one person is connected to the Services at any given time. Only one telephone number per household is permitted.

6. Acceptable Use Policy

All subscribers are required to read, and agree to abide by, the Acceptable Use Policies of Aviators Network. These policies can be viewed on our website at http://www.aviators.net. We reserve the right to alter the Acceptable Use Policies without prior notification.

7. Maintenance/Support

We will provide ongoing maintenance in respect of the Service supplied to you. Because of this purpose there will be some occasions when you will not be able to access the Service. We will keep these occasions to a minimum. Support services are only available in respect of some of the Services, and you will have to decide accordingly which service is best for you. We shall not be liable for any consequential losses you may suffer. You will not be eligible for any compensation in the event of not being able to use the service. This also applies is the service is curtailed because of a failure, suspension or withdrawal of all or part of the service. We may change the service at any time.

8. Fees

You will have consented to pay any appropriate fees for your service on time. All fees must be paid in advance of the period of use. The payment intervals, and the amount payable by you, will be selected by you on your order form or electronic registration. If you choose to pay by credit or debit card, we will debit your card when payments fall due, without further reference to you. We reserve the right to vary any subscription fee payable in respect of the service from time to time, and we will post details of any variations on This Website. Any such changes will not be effected until at least seven days after they have been posted to our Web site. The annual subscription fee will remain fixed for the first term you sign up for. Your account may be suspended or closed if any sum due for a product or Service is unpaid or in arrears. You understand and agree that if you fail to make payments of fees when they are due, we may charge interest on late payments, at the HSBC - Midland Bank plc rate plus two per cent for each day payment is delayed. If any payment of fees remains overdue for more than seven days, we may terminate or suspend your access to the Service. If you wish to resume access to the Service after you have been disconnected for late payment, we may charge you a reconnection fee and request a deposit as security for the reconnection.

9. Termination

If you abuse the Service provided, or fail to pay fees when they are due, we may terminate your access and will accept no further liability. Our policies on improper use are explained below.

You may terminate your agreement with us at any time. Simply give us 30 days notice in writing, by recorded delivery, for the attention of the "Accounts Department". In the event that you decide to terminate your account you must inform us in writing, by recorded delivery post to the "Accounts Manager" at least 30 days before the last payment you wish us to take. No refunds or part refunds will be given for any payments taken.

We reserve the right to withhold any facility associated with the Service, account, notwithstanding termination, until fees are met in full. We also reserve the right to terminate your right to use the Services at any time, without giving any reason. If this contract is terminated (howsoever occasioned) before the expiry of the initial term which is 12 months, the company will charge the customer a standard termination fee, which will be associated with any domain or hosting costs incurred by the company on behalf of the customer.

Some Aviators Network accounts include a domain name (or multiple domain names) which we do not charge our normal fees for, this goodwill is passed on on the basis that account(s) are maintained for a period of twelve months as part of this contract. Any default of this initial term contract of twelve months will result in charges being applied against the relevant domain names to the value which Aviators Network normally charges for registration and hosting at the time of registration. The company reserves the right not to supply goods or services until it is in receipt of cleared funds.

10. Improper Use

Our network and/or service may only be used for lawful purposes. The law relating to Internet use is under continuous development. It is up to you to check whether you might be infringing any law or regulation, and if in doubt you should take legal advice.

You agree that you will not use the service for transmission of any material which breaches any law or regulation, or which is defamatory, menacing, obscene, abusive or in breach of someone's civil rights.

You also agree that you will not place any material on your own or any other site likely to cause offence to other customers. Nor will you permit or allow any one else to do so. Any breach of this clause will entitle us to terminate the Service. For this purpose it will be irrelevant whether you knew of the content of the material transmitted. Alternatively we may suspend the service without notice, if in our reasonable opinion you are in breach of this clause. Please remember that material unlikely to cause offence in the United Kingdom may cause offence in other countries, and the Service does give you access to computer networks worldwide.

If you intend to extend your network to a WAN (wide area network) encompassing other LANs (local area network/s), you are by definition extending access to the service provided by us. This can only be done upon receiving our written authorisation and subsequent to agreeing additional charges against this extended Service.

With respect to the service, we reserve the right to suspend its use after abuse or continuous non adherence to Aviators Network's Acceptable Use Policy, which can be viewed at http://www.aviators.net, or if there has been no activity for ten minutes when connected.

BT SurfTime services will only be provided via the designated telephone number, which you entered into your contact details earlier in the registration process. Access will be granted for a single connection, following a successful match of this number against the number detected through your Calling Line Identity. Your CLI is presented with your call upon attempting to connect to the Service.

10.1

Bandwidth

The Service has a finite capacity and we reserve the right to terminate any use of the Service which we consider profligate or to the detriment of our other customers, an example of profligate use would be customers using more than the allocated daily quota for data transfers. Bandwidth usage is monitored. When regular abuse of our services and bandwidth increase is present, we will contact you to give you the choice of either cancelling your account, or paying an excess bandwidth rate, which will be 50p inc Vat per 100Mb, billable monthly in arrears. This would include applications such as transmitting or receiving video, audio or other similar traffic demands across the network. Use of IP Multicast other than the means provided and co-ordinated by us is forbidden, unless agreed in writing by Aviators Network subsequent to agreeing charges against this Service. Without written authorisation you will subsequently be deemed as abusing the data transfer policy and faced with all necessary expense and costs incurred by the company (Aviators Network). We reserve the right to suspend any customer's account that abuses any of the allocated daily bandwidth limits for data transfers. Standard procedure will be followed by us in such cases of abuse, as per our Acceptable Use Policy.

When describing bandwidth usage, we refer to three distinct and separate issues:

10.1.1

Data Transfer Quota - this is described as the total amount of data passing between your equipment, whether modem or router, and our network, in any 24 hour period. The sum total is calculated both upstream and downstream; the exceptions to this being local only traffic such as portal traffic, e-mail traffic and FTP usage.

10.1.2

Website Traffic Limit - this is calculated and monitored separately to the Data Transfer Quota and is described as the total amount of data passing between your Web site hosted on our network and the outside world in any 24 hour period.

10.1.3

Server Upload Restriction - this is described as the sum total of data that may be uploaded to our Web servers. You should note that some services are subject to different Server Upload Restrictions and these are laid out in the Acceptable Use Policies for each service. Use of each service signifies that you accept these Acceptable Use Policies and we reserve the right to suspend your access to our services if we find you in breach of same. For external access (outside of our network) to our Web servers we currently impose a maximum Server Upload Restriction of 100MB per 24 hour period.

These bandwidth usage restrictions are made so that our services are not detrimentally affected by excessive use, and are usually only applied in the event of excessive abuse. The details of what restrictions are imposed upon each of our account types are publicly displayed on our website in the appropriate product specification areas. Where no restriction is published, no restriction shall apply for that product. Our bandwidth quota restrictions are under continual review and we reserve the right to change them as we deem necessary.

11. Liability

You agree and accept that we are unable to exercise control over the content of the information passing over our connection or our network or the Service. Aviators Network cannot be responsible for the transmission or reception of such information. We are not in a position to monitor how you use the Service, and so you agree to indemnify us against any claim that is brought against us, or any costs liability which we incur as a result of your use of the Service. We accept no responsibility for any action brought against you arising from Service misuse. While we endeavour to provide a continuous Service, we will not be liable for any losses. These include failure to supply the Service, any loss of data resulting from using the Service, or any delay or interruption in the supply of the Service. In particular we cannot be liable for the quality or accuracy of information received through the Service. It is your responsibility to carry out computer virus precautions. We will not be responsible for loss arising out of computer viruses, whether they are introduced through our software or otherwise. From time to time, Internet addresses or sites are disconnected or cannot be found. We are not responsible for maintaining sites other than our own. You are in a better position than we are to evaluate any potential loss you may suffer by using this Service, and to insure if appropriate. Accordingly, our liability to you, whether for breach of contract, negligence or otherwise, is limited to a maximum amount of the fees you have paid for the Service. We will not be liable for any losses you may suffer as a result of loss of business, contracts, profits, savings or otherwise.

12. Software

Any Software which is downloaded from us, and provided for you, comes free of charge. You are, however, responsible for registering Software that requires such registration, and paying any regulated charges thereafter.

13. Data Protection

We reserve the right to put names, and other information from the order or electronic registration form, into a computerised directory for internal purposes only.

14. Notices

As already stated in point 8, if you need to give notice for any reason, you must do so by recorded delivery post. this must be marked for the attention of the "Accounts Department".  Please note that any notice you give to us will only be considered effective from the day on which we acknowledge it..

15. Disputes

We hope that we have anticipated any difficulties or questions that you may have. However if at any time you have a grievance please speak to us as soon as possible. We cannot deal with a problem if we are not aware of it.

16. Governing Law

These terms and conditions abide by English Law, and we both agree to submit to the exclusive jurisdiction of the English courts. We both accept that a Court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair, pursuant to some statutory provision. In such cases a Court can enforce the terms and conditions as if the offending clause or clauses had never been contained in them.

17. Amendment to service without notification

You fully agree and accept that Aviators Network reserve the right to alter the subscription fee that you are currently paying, or to introduce a subscription fee if you are not currently paying one.

18. General Prices

These are exclusive of VAT unless otherwise indicated. Prices and specifications are subject to change without prior notice. All offers are subject to Aviators Network terms and conditions which will be available on the Aviators Network website - http://www.aviators.net.

19. BT SurfTime

19.1

BT SurfTime fees are available on BT's website at http://www.bt.com. You should consult their prices before purchasing any of our SurfTime packages.

19.2

BT SurfTime fees are charged per line (including ISDN2 and Highway lines, where the fee covers both digital channels). Customers with multiple lines on a single customer account will need to pay for each package they want, on a per line basis.

19.3

A customer subscribing to the Evening & Weekend version of BT SurfTime will receive the following charge for any call to an eligible number that takes place wholly outside of the uncharged time period. The call will incur a charge of 0.851 pence per minute excluding VAT (1.0 pence including VAT), with a minimum charge of 4.2 pence excluding VAT (5.0 pence including VAT).

19.4

A customer subscribing to the Evening & Weekend version of BT SurfTime will receive the following charge for any call to an eligible number that takes place partially outside of the uncharged time period. The call will incur a charge of 0.851 pence per minute excluding VAT (1.0 pence including VAT), with a minimum charge of 4.2 pence excluding VAT (5.0 pence including VAT). This lasts for the duration of the call outside of the uncharged period. There is no charge for the duration of the call inside the uncharged period.

19.5

If a customer who does not subscribe to BT SurfTime makes a call to the designated number ranges, the call will be charged at g5 rate. The price for g5 rate depends on the type of service BT is supplying to the customer. These prices are listed in the relevant sections of the BT Price List. For example, call prices for PSTN and ISDN services are listed in Section 2.

19.6

The cost of call charges will be offset against any applicable customer call allowances, unless the customer has Call & Save. Under those circumstances, call charges will not be offset against any call allowances, will not contribute towards the Call & Save spend threshold, and will not be discounted.

19.7

Where calls are charged for the customer who subscribes to BT Commitment, the charges incurred will contribute to the call spend for BT Commitment.

19.8

Call charges will not qualify for discounts.

19.9

BT SurfTime number ranges are not available with these existing schemes: Friends & Family, Best-Friend, Friends & Family Gold, Best-Friend Gold, Key Numbers, Key Contact, Key Numbers Gold and Key Contact Gold.

19.10

BT SurfTime charges will appear on BT's blue bill, and billing frequency will be in line with a customer's existing billing cycle (monthly or quarterly).

19.11

Telephone Services are provided under BT's 'Conditions for Telephone Service', as amended by the conditions below.

19.12

The minimum period of service is 3 months. Thereafter, customers who wish to cease subscription to BT SurfTime will have to give 7 day's notice to both BT and Aviators Network.

Errors & Omissions Excepted

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