THE BROADBAND COMPUTER COMPANY LIMITED (Company number: 5408252)
Registered Office: 3rd Floor Citygate, St James’ Boulevard, Newcastle upon Tyne, NE1 4JE

PURCHASE TERMS AND CONDITIONS DECEMBER 10, 2011

1. OUR TERMS AND CONDITIONS

1.1. Please read these terms and conditions carefully as they apply to the sale and supply of Goods, Software and Services by us to you. They include important sales and product information relating to our Goods, Software and Services and form the basis of any agreement between us should you wish to proceed with an order. If you are uncertain as to your rights under them or you want an explanation about them please contact our customer services department on 0845 149 7000 or email help@alexlive.com.
1.2. In these Terms, the word “Goods” means the computer and any additional equipment which you purchase from us; the word “Services” means the Storage Services (defined in Clause 8), the Email Services (defined in Clause 9), the Upgrade Services (defined in Clause 11), the Help Services (defined in Clause 11), and the Broadband Services (defined in Clause 19) if you have elected to purchase broadband from us; and the word “Software” means the alex software as detailed on our website or in our brochures. The Software may be pre-installed on the computer you purchase from us or you may purchase it separately on physical media or via download.
1.3. In these Terms we refer to our Tariff Guide that is available on our website at www.welcometoalex.com/termsandconditions. In case of any contradiction these Terms will take precedence over the Tariff Guide.
1.4. To use our Software and Services you will need a compatible computer and access to the internet via a broadband service. If you chose not to order the computer and broadband from us you are responsible for providing these items and ensuring they are compatible.
1.5. You must be over 18 years of age and resident in the United Kingdom to proceed with an order.
1.6. No order submitted by you is accepted by us until we confirm its acceptance by any durable medium (which includes email) or we deliver the Goods or Software or we provide the Service.  No contract shall exist between you and us until we confirm our acceptance of your order in this way.  Please note that our acknowledgement of receipt of your order is not our acceptance of your order. If a minimum period applies to a Service you have ordered the period will start from the date we start to provide the Service.
1.7. We reserve the right to place restrictions on the volume of any Goods, Software or Services ordered.

2. DESCRIPTION

2.1. All product descriptions and content on our website or in brochures or otherwise issued by us are intended merely to present a general idea of our Goods, Software and Services. If you require any further details, please contact us by e-mail or telephone, providing details of the additional information needed.
2.2. However, if you buy Goods which are not as described or have an unsuitable specification which was not apparent from our website or brochure, we will at your option either replace the Goods or accept their return and refund any money paid for the Goods. Goods must be returned undamaged and in their original packaging in order for us to accept their return. We will bear any necessary costs incurred in replacing or repairing Goods that are faulty or not as described. You must notify us within 14 days of the date of delivery of the Goods if you want to exercise your rights to replace or reject the Goods if they are not as described or are faulty.
2.3. If you have purchased the Software on physical media, e.g. DVD, in error, we will refund you if you notify us within 14 days of purchasing the Software. You will bear the cost of returning the media to us, which must be returned unopened and undamaged. We will refund you based on your original method of payment less a charge to cover our original postage and handling fees.
2.4. If you have purchased the Software by digital download, under the exceptions to the Consumer Protection (Distance Selling) Regulations 2000, you agree that the right of cancellation does not apply. This enables us to prevent illegal distribution and/or reproduction of digital download software. We encourage you to make use of any free trial offer for the Software prior to making a purchase.

3. PRICE AND PAYMENT

3.1. The prices of our Goods, Software and Services are identified on the relevant pages of our website or brochure. Prices are inclusive of Value Added Tax (“VAT”). 
3.2. Delivery costs are itemised separately from the prices, which are exclusive of all delivery costs.
3.3. If Goods, Software or Services are unavailable or we need to vary the price to take account of any changes in taxes and duties or errors or omissions in the price displayed on our website or in any brochure or other materials, we shall notify you and allow you an opportunity to cancel your order.
3.4. We will take payment for the Goods specified on the order form when you place your order and arrange delivery of the Goods within 14 days. If we do not receive payment then we may delay delivery of the Goods until such payment is received by us. 
3.5. In consideration of the provision of the Software and Services, you must pay the charges as set out on the order form. Any initial payment will be taken by credit or debit card when you place your order. Subsequent subscriptions, if any, for Software and/or Services will be taken monthly or annually in advance using the payment details you provided at the time of your order or other payment mandate.
3.6. We reserve the right to increase subscription fees, if any, once a year by no more than the annual percentage increase in the Retail Prices Index or at any other time and by an equivalent amount as a result of changes to the rate of VAT. We will notify you at least 30 days in advance of any such increase.

4. OWNERSHIP

4.1. The Goods will only be owned by you once we have received payment in full of the charges relating to the Goods.
4.2. You do not own the copyright or other intellectual property rights in the Software or in any proprietary information they may contain.  Your rights to use the Software and Services are as specified in these Terms and we (or, where relevant, our licensors) retain all rights not expressly granted to you in them.

5. DELIVERY

5.1. You must ensure that you complete our order form so as to give us any necessary information to enable us to deliver the Goods, Software and Services.
5.2. We will deliver the Goods and start the Services within a maximum of 30 days beginning with the day following that on which you submit your order to us (unless you and we agree otherwise or you exercise your right to cancel our agreement before we arrange delivery and/or before the start date of the Services).
5.3. You agree that we may make delivery by instalments.
5.4. As soon as we have delivered the Goods to you, you will be responsible for them.
5.5. Where you are unable to accept delivery on any delivery date notified to you, you must contact us in advance and we will agree an alternative date.  If you fail to do so, we may have to charge you for the reasonable costs of storage and any additional delivery costs incurred by us.

6. YOUR LICENSE TO USE OUR SOFTWARE

6.1. The Software is the property of Broadband Computer Company Limited ("BCCL") or its licensors and is protected by copyright law. While BCCL continues to own the Software, you will have certain rights to use the Software after your acceptance of this license.
6.2. In addition, other portions of the software code are developed by third parties and are subject to the GNU General Public License (“GPL”) or GNU Lesser General Public License (“LGPL”) or other end user licence agreements in relation to that software, which if any are set out in the Appendix to these Terms. The GPL code and the LGPL code used in this product are distributed WITHOUT ANY WARRANTY and are subject to the copyrights of one or more authors. Source code for the GPL and LGPL licensed portions is available on request; please contact BCCL for details on obtaining these.
6.3. In consideration of the initial purchase payment and monthly fees, if any, under Clause 3.5, we agree to license you on a non-exclusive basis to use the Software on the following terms. You agree that these terms will apply to the Software and any derivatives obtained from it including any copy.
6.4. You are permitted to use the Software for your own personal use, but not for any business purposes.
6.5. The Software may not be sub-licensed, copied for use by others, sold, distributed, reproduced, incorporated into other software or otherwise used without our prior written consent.
6.6. You may use one copy of the Software on a single computer, so long as it is not possible for another person to access the software on another computer simultaneously;
6.7. You may make a reasonable number of backup copies for archive purposes, so long as the backup copies are not distributed;
6.8. You must not attempt to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs.
6.9. You must not attempt to access the source code, disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that this is permitted by law.
6.10. From time to time you may request the use of additional software available via our website and, if we agree to provide that software to you, it may be subject to additional terms and conditions and charges.

7. SECURITY

7.1. Access to your account will be gained by using the password allocated to you during the registration procedure or subsequently modified by you. You are responsible for ensuring the confidentiality and proper use of your password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. 
7.2. You may also need to use a USB ‘latchkey’ to access the Software, and Services. You are responsible for the safe keeping of the latchkey. If you lose the latchkey, you must notify us immediately and you may be required to pay a small charge for a replacement. You will remain liable for the charges under these Terms at all times unless and until our agreement is terminated in accordance with Clause 15.
7.3. You must not attempt to circumvent our log-in procedure in order to gain access to the Software or Services.
7.4. You must tell us immediately if you believe that an unauthorised person knows your password or has access to your account.
7.5. We reserve the right to refuse service or terminate an account if we suspect an unauthorised person is attempting to access it.
7.6. You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your latchkey and password or of a breach of security.

8. STORAGE SERVICES

8.1. If you purchase a service package that includes our storage service you may upload data to our data centre (the “Vault”) and we agree to store that data on the Vault for the term of the agreement between us (the “Storage Services”).
8.2. You will retain all copyright and intellectual property rights you have in the data which you upload to the Vault.
8.3. You must not upload any material which is pornographic in nature, infringes the intellectual property rights of any third party, or is in any other way unlawful. You must not upload any virus, worm, Trojan horse or other malicious code. You agree to indemnify us in respect of any loss or damage which we incur as a result of your breach of this Clause 8.3.
8.4. The amount of data you can store on the Vault is subject to a quota limit. The Software will display the portion of the quota that you are using. If required additional storage can be purchased by contacting customer services on 0845 149 7000 or email contactus@alexlive.com.
8.5. We will maintain the confidentiality and security of your data and comply at all times with the requirements of the Data Protection Act 1998. You should take note of our privacy policy available on our website http://www.welcometoalex.com/privacypolicy.

9. EMAIL SERVICES

9.1. If you purchase a service package that includes our email service we agree to provide an email service which you may use (the “Email Services”).
9.2. When using the Email Services you must not:

9.2.1 send, receive, upload, download or use any material that is:

a) illegal;
b) offensive, abusive, indecent, defamatory, obscene or menacing;
c) intended to or likely to cause annoyance, inconvenience or needless anxiety to other users;

9.2.2 send any unsolicited advertising or promotional material; or
9.2.3 knowingly or recklessly transmit or distribute a virus.

9.3. The amount of emails you can store is subject to a quota limit. When your quota is full, you will be unable to receive any more emails until you delete some of your emails from your account.
9.4. We will have no liability for any undelivered or delayed emails.
9.5. You are solely responsible for backing up and archiving any email.

10. SKYPE

10.1. Because the Software is plugged into Skype™, we will try to provide you with a personal Skype Account and Skype Name which you may use to access certain Skype features and functionality, including making free Skype-to-Skype voice and video calls and instant messaging with your friends.
10.2. All rights to use the Skype features are granted by Skype. To use this Software you must agree to the Skype End User Terms, which can be found on www.skype.com at www.skype.com/intl/en-gb/legal/terms/tou/.
10.3. Skype is not a replacement for your telephone and cannot be used for emergency calls.
10.4. Skype is a trade mark of Skype Limited or its related companies. This Software has not been checked, verified, certified or otherwise approved or endorsed by Skype Limited, Skype Communications S.a.r.l. or any of their related companies.

11. SUPPORT SERVICES AND MAINTENANCE

11.1. If you purchase a service package that includes our software Upgrade Service from time to time we will issue upgrades or modifications to the Software either to correct bugs or errors or to provide improved functionality and features. When you log on to the Software and a new upgrade is available, this will automatically be downloaded to your computer. These Terms shall apply to all such upgrades and modifications.
11.2. If you purchase a service package that includes our Help Service we will provide a telephone support helpline and email enquiry service to assist with any problems you may experience and give you any advice you may need in using the Goods, Software or Services you have purchased. The help service will be available Monday to Friday 9.00am until 5.00pm except UK bank holidays, although we shall have no liability for any temporary unavailability of the support service. Our help service is subject to fair use and if we determine that your use of our help service is unreasonable or excessive we may ask you to limit your use of the service or terminate your use of the service and make a pro-rata refund to you for any unused period of the service.
11.3. If our Help Service is not included in your package or your entitlement has lapsed you may contact us on the above helpline for general and billing enquiries only.
11.4. We may need to temporarily suspend the Services and your access to the Software from time to time to undertake repairs or maintenance and upgrades.
11.5. We will give you as much notice as possible of any scheduled maintenance and will try to undertake maintenance at times which is least likely to cause disruption to our users. Whenever emergency maintenance is required, we will also give you as much notice as possible.

12. WARRANTIES

12.1. Save as otherwise set out in these Terms, we give no representations or warranties or other terms relating to the Services or the Software or its performance, merchantability or fitness for a particular purpose and all conditions and warranties implied by law are excluded to the fullest extent permitted by law.  Without limiting the above:-

12.1.1 we DO NOT WARRANT that the functions of the Software will meet your requirements; and
12.1.2 we DO NOT WARRANT that Software operations or Services will be error free or uninterrupted.

12.2. We warrant that we will provide the Services with a reasonable level of skill and care.
12.3. As a consumer, you have certain statutory rights regarding the cancellation of defective services as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations under these Terms. These Terms shall not affect those statutory rights.

13. CANCELLATION

13.1. You have a right to cancel our agreement without penalty and without giving any reason and this right can be exercised by forwarding to us at Broadband Computer Company, 93-105 St James Boulevard, Newcastle upon Tyne, NE1 4BW, a notice of cancellation within the time limits set out below. Please quote the relevant order reference number (which you can find on our order confirmation).
13.2. You may exercise this right to cancel your order for any Goods within 14 days beginning on the day after you receive the Goods.
13.3. If you have purchased Broadband Services from us you may cancel your order up to 7 working days after we confirm your order and advise you of the activation date. You will not have a right to cancel once the broadband service is activated and you start to use the service if this date is sooner. If you notify us of cancellation less than 2 days before your activation date you must pay us a cancellation fee in accordance with our Tariff Guide to compensate us for preparing and then removing your broadband connection.
13.4. You have no right to cancel the agreement in respect of the Software if you have started to use the Software.
13.5. If you cancel under this paragraph 13, you must return to us the Goods at your cost or make them available for collection by us. Provided the Goods are not damaged and are in their original packaging we will refund all sums paid by you to us and return any property lodged with us as security to you free of charge as soon as possible and in any case within 30 days of you giving us notice of cancellation.  We may however charge you our direct costs of recovering the Goods if you fail to return them or return them at our cost.  This does not apply if you return Goods because they are faulty in accordance with Clause 2.2.
13.6. These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be obtained from the Office of Fair Trading.

14. LIMITATION OF LIABILITY

14.1. Provided you are not purchasing the Goods, Software or Services for business purposes, we are responsible for loss caused by:-

14.1.1 the Goods not matching our description of them;
14.1.2 the Goods not being of the quality you would expect of computers and/or peripheral equipment;
14.1.3 the Goods not being fit for their usual purpose;
14.1.4 us not having the legal right to sell the Goods to you; or
14.1.5 our service being negligent.

14.2. Subject to clauses 14.3 and 14.4, our liability to you for any loss or damage caused to you under or in connection with these Terms will in no event be more than the charges paid by you in the 12 months immediately before the date on which you notify us of any claim.
14.3. We or anyone else who has been involved in the creation, production, or delivery of the Goods, Software or Services will not be liable to you for any loss of data, indirect, consequential or special loss, or loss of profits arising out of the use or inability to use the Goods, Software or Services even if we have been advised of the possibility of such damages or claims.
14.4. Nothing in this Clause 14 shall exclude or restrict our liability for death or personal injury, or for loss caused by fraud. 
14.5. You acknowledge that your ability to make use of the Software and Services relies in part on the availability of the Internet or other connections and services provided by third parties. We are not liable for your inability to access the Services if this is caused by the unavailability of such services, except to the extent that we may be responsible for the provision of the Broadband Services. Unless you have purchased Broadband Services from us, you are responsible for maintaining a suitable broadband Internet connection to enable you to access the Software.
14.6. We are not liable for any losses caused by factors beyond our reasonable control, including but not limited to acts of God, explosion, flood, lightning, storm, fire or accident; act of terrorism or malicious damage; war, hostilities (whether war has been declared or not), invasion, act of foreign enemies; rebellion, revolution, insurrection, military or usurped power or civil war; riot, civil commotion or disorder; or acts, restrictions, regulations, by-laws, refusals to grant any licences or permissions, prohibitions or measures of any kind on the part of any government authority

15. TERMINATION

15.1. You or we may terminate some or all of the Services on the last day of any month by giving to the other party no less than 30 days’ notice in writing (which includes email).
15.2. We reserve the right to terminate or suspend the Services if you fail to pay any charges when due.
15.3. After termination of the Email Services your email account will be suspended and you will no longer be able to access our email server. You will not be able to access that data, save in accordance with Clause 15.5.
15.4. After termination of the Storage Services you will no longer be able to access the Vault. If you wish to retain a copy of the data you have uploaded to the Vault, you must save a copy of that data to another location prior to the date of termination. After termination you will not be able to access that data, save in accordance with Clause 15.5.
15.5. After termination, we will store the personal data which you have uploaded to the Vault and Email Services for at least 30 days, but you agree that after that period has expired, we shall be entitled to destroy your data. If you contact us before the expiry of the 30 day period to request a copy of your data, we will allow you access to the Vault and Email Services in order for you to remove your data. We will be entitled to charge a reasonable fee for granting this access to you.
15.6. If you terminate the Broadband Service within the minimum contract period for the service you will have to pay a termination charge by way of compensation to us for ending your service early. This compensation charge will not be subject to VAT. You can find details of the charge in our Tariff Guide.
15.7. If at any time you choose to terminate the Broadband Service and do not request and then use a Migration Access Code (“MAC Code”) or other recognised transfer process to move to another broadband service provider, you will have to pay a Cease charge. This charge is levied on us by BT and is for removing broadband from your telephone line. You can find details of the charge in our Tariff Guide.
15.8. Following termination of all of the Services you will still be able to use the Software in accordance with the license terms described in Clause 6.
15.9. If you breach any of these Terms and that breach is serious or cannot be put right, the agreement between us terminates immediately. In all other cases we will give you notice of your breach and a reasonable opportunity to put it right before we terminate the agreement.

16. GENERAL

16.1. You may not, without our prior written consent, assign, or transfer, or deal in any other manner with the agreement between us.
16.2. We may amend these Terms from time to time and will make the revised terms available to you on our website. After we have posted revised terms on our website, your continued use of the Services shall indicate your acceptance of the revised terms.
16.3. If any provision of these Terms shall be found by any court to be invalid, that provision shall be severed from the remainder of the Terms which shall remain in full force and effect to the extent permitted by law.
16.4. These Terms do not create, confer or purport to create or confer any benefit or right enforceable by any person not a party to it (except that a person who is a permitted successor to or assignee of the rights of a party to the Agreement shall be deemed to be a party to the Agreement).
16.5. All notices given under these Terms shall be given by email, in the case of notice to be served by us, to the email address you provide on registration, and in the case of notice to be served by you, to contactus@alexlive.com.

17. ACKNOWLEDGEMENTS

17.1. Within the Software the Office application uses software developed by one of BCCL’s licensors, SoftMaker Software GmbH or its licensors and is protected by copyright law. While SoftMaker continues to own this software, you will have certain rights to use the software after your acceptance of these terms.
17.2. Benjamin C. Meyer is the original creator of the Qt ClickToFlash plugin.

18. GOVERNING LAW AND JURISDICTION

18.1. These Terms are governed by and shall be construed in accordance with the laws of England and Wales.
18.2. You and we agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms.

PROVISION OF BROADBAND
If you opt to purchase broadband services (“Broadband Services”) from us, the following additional terms and conditions will apply:

19. ACTIVATION OF BROADBAND SERVICES

19.1. When we receive your order we will send you details of your new account, including the date on which we will activate the Broadband Services. We will proceed to activate your account unless you cancel your order in accordance with Clause 13.
19.2. In order to receive our Broadband Services, you must meet the following minimum requirements: be a residential BT phone subscriber, have an appropriate phone socket and ensure you do not have any incompatible phone services including but not limited to ISDN, Home Highway, Red ABC, RedCare, or Meter Pulse facility. Where possible we will make checks on your line to ensure compatibility with our Broadband Services before providing the service, however, if you have not met the minimum requirements you may still incur charges because we are making the Services available to you.
19.3. We can only provide the Broadband Services over BT residential lines. If you terminate your telephone line rental with your provider or your telephone service is suspended or terminated, we will be unable to provide the Broadband Services. If this situation occurs, you must cancel the Broadband Services in accordance with Clause 15 and will remain liable for payment of the charges of the Broadband Services until the agreement is properly terminated.
19.4. It is your responsibility to install the broadband router and we recommend that you complete installation as soon as we have confirmed your broadband activation. We have tried to make installation as straightforward as possible with no configuration required, however, if you think you need assistance we may be able to visit and install the router for you. Please contact our customer services to see if this service is available in your area. We will make a charge for this service, please see out Tariff Guide for details.
19.5. We do not guarantee any minimum performance levels in respect of the Broadband Services. The speed of Broadband Services in particular can be affected by a number of factors outside our control, such as network capacity, use at peak times, traffic management or your equipment.

20. YOUR USE OF BROADBAND SERVICES

20.1. You may only use the Broadband Services for personal use and not for any business purposes.
20.2. When using the Broadband Services you must:

20.2.1 comply with all relevant laws in the UK or in any other jurisdiction which may be relevant;
20.2.2 not send, receive, upload, download or use any material that is:

a) illegal;
b) offensive, abusive, indecent, defamatory, obscene or menacing;
c) intended to or likely to cause annoyance, inconvenience or needless anxiety to other users;

20.2.3 not infringe the intellectual property rights of others, including copyright;
20.2.4 not gain or attempt to gain unauthorised access to any computer system;
20.2.5 not send any unsolicited advertising or promotional material by email, webmail or other electronic names; and
20.2.6 not insert or knowingly or recklessly transmit or distribute a virus.

20.3. Use of the Broadband Service is subject to a Monthly Data Usage Allowance. This allowance covers the total volume of data transferred over your broadband connection both download (e.g. receiving email, Web browsing, Skype, downloading files) and upload (e.g. sending email, Skype). We will monitor your use of the Broadband Service and if your data volume is in excess of the allowance we may contact you and ask you to reduce your use and inform that you will subsequently incur charges as set out in our Tariff Guide for exceeding this allowance. If your use continues to be excessive to the point we consider it may limit the performance of broadband available to other customers and you do not comply with our reasonable request to reduce your use, we may suspend or terminate the Broadband Services.

21. MOVING HOUSE

21.1. We will provide the Broadband Services at the address notified to us by you in your order form. If you move house, it is your responsibility to either terminate the Broadband Services in accordance with Clause 15 or to notify us of your new address and the date you are moving at least 14 days in advance so that we can activate the Broadband Services at your new house. There will be a charge for this new activation and you can find details of the charge in our Tariff Guide. If you do not provide us with the required notice, we will continue to provide the Broadband Services at your old address and you will remain liable for the relevant charges.

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