Terms and Conditions of Service from Progressive Networks

We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult our support pages. Note: if your broadband connection is unavailable then you should use either your previous connection or our free 0845 dial up service. Should you fail to find a resolution to our problem in our Knowledge Base then you will find our support contact details within our support pages.

Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime is available on the Progressive Networks' Service Status page as are any interruptions to our services.

Depending on the service(s) you purchase from us we may issue you with a set of usernames and passwords. These are essential for secure use of the services so you must ensure that you keep these confidential, secure and that you use them in accordance with all relevant instructions.

If we think there is likely to be a breach of security or misuse of the service, we may:

Change your password and then notify you of this change; and/or suspend username and password access to the Service.

If you think someone knows your username or password and they are not authorised to use it, or if any password is being or is likely to be used in an unauthorised way, it is your responsibility to inform us immediately.

If any of the information provided by you during the sign-up procedure changes, including any changes to your payment details, you must inform us immediately. Please note that if you update your address because you are moving Premises and need ADSL at the new location (usually on a different phone line), there will be costs incurred for which you are liable.

All accounts are set up on a prepay basis. Although Progressive Networks reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due every 30 or 365 days, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.

In situations where the card number on file is declined Progressive Networks will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Progressive Networks reserves the right to suspend other services until the outstanding debt is cleared. The customer is still required to pay for the service during any periods of suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

If any outstanding amount remains unpaid for more than 5 working days, Progressive Networks reserves the right to refer the account to a debt collection agency and inform credit reference agencies. This may seriously affect your ability to obtain credit in the future.

No bills or invoices are sent unless specifically requested in which case a receipt for payments made will be e-mailed to the specified e-mail address.

On initial placement of an order by a customer, the customers credit/debit card is not charged. Payment is collected once the service has been delivered.

You are required to have a valid credit/debit card* and email address registered on your account at all times, failure to do so may result in suspension of your account.

*Customers who solely use our 0845 dial service do not need to have a valid credit/debit card registered with us.

Please note that whilst this email is primarily used for billing purposes, Progressive Networks reserves the right to email you information about enhancements to our systems and product offerings. Your email will not be passed to any other parties at any time.

In order to streamline our accounting procedures and keep costs down Progressive Networks currently runs a limited number of payment options.

Credit / Debit Cards: Progressive Networks accepts MasterCard, Visa, Visa electron, Switch/Maestro and Solo.

Direct Debit: This option is currently only available from month 2 onwards of the contract. A credit/debit card or cheque payment must be made for the first month. After which a direct debit mandate will be sent to the customer for completion. On receipt of the completed mandate we will submit a Direct Debit instruction to your bank and once successfully set up will collect all payments due by this method on the agreed date.

Cheque Payment: This option is only available to business customers. A credit/debit card number will still be required if customers require the facility to purchase domains and other services on-line. Progressive Networks cannot guarantee that a service will be provided until after any received cheques have been cleared.

Only one payment method can be used per customer account. For example if the customer purchases our broadband service and chooses to pay for the service by Direct Debit and is already paying for web hosting with a credit/debit card we will start collecting payments for the web hosting by Direct Debit in the same transaction and frequency as has been chosen for the new broadband service.

Progressive Networks reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Progressive Networks' terms of service a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time by providing us with 30-days written notification either by letter addressed to our Ipswich office or by e-mail.

Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by Progressive Networks. In addition some accounts incur set-up fees, these charges are also non-refundable.

Progressive Networks will make every effort to ensure that all prices and descriptions quoted on our website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, we will be entitled to rescind the Contract, notwithstanding that we have already accepted your order and/or received payment from you. Our liability in that event will be limited to the return of any money you have paid in respect of the order. In the case of a manifest error in relation to price, you will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by us to your premises or your registered e-mail address after the manifest error has been discovered.

A 'manifest error', as the term is used in the paragraph above, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made

Customer agrees that it shall defend, indemnify, save and hold Progressive Networks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Progressive Networks, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Progressive Networks against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Progressive Networks' server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Progressive Networks' server.

Progressive Networks will not be responsible for any damages your business may suffer. Progressive Networks makes no warranties of any kind, expressed or implied for services we provide. Progressive Networks does not back up your data/website unless the backup optional extra has been purchased, and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Progressive Networks cannot guarantee to be able to replace lost data. Progressive Networks disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Progressive Networks and its employees. Progressive Networks reserves the right to revise its policies at any time.

We have no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable by us when this Contract starts, nor any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.

Any liability we have of any sort (including liability for negligence) is limited to £10,000 for any event or related series of events and £25,000 for all events in any 12 month period.

We do not have any liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services, or for faults in or failures of their networks and equipment.

Each provision of this paragraph operates separately in itself and survives independently of the others.