The following Acceptable Use Policy (AUP) forms an important part of the contract between you, the ‘End User’ and us, ‘CommPoint’ Limited. It governs the way you use the products or services we provide to you and under what circumstances we may restrict or refuse to continue supplying those products or services to you.
This AUP is required to ensure that all End Users enjoy a satisfactory level of service that is not compromised by the actions of other End Users. It is in place for the benefit of everyone and should be read as an extension to the specific features and/or limitations of each individual product or service detailed in our sales quotation, order confirmation or on our website commpoint.it
To remain current and to continue to provide the best possible service to all our End Users we may modify, add to or delete provisions within this AUP from time to time. The most up to date version of this AUP will be made available on our website commpoint.it, please ensure that you keep up to date with any changes that are made, as they form the basis of your continued use of our services.
The End User warrants with CommPoint that it will not use our products or services for any purpose that either is, or could reasonably be deemed to be, illegal or cause offence in any jurisdiction that it provides those products or services. The End User further warrants that it indemnifies CommPoint against all or any illegal action and associated costs of defending such action in those jurisdictions.
In particular the End User should note that it is responsible for ensuring that its use in any particular jurisdiction is lawful in that jurisdiction and does not violate the terms of this AUP or any local laws in which the products or services are being used.
The Internet is a global medium and is regulated by the laws of many different countries. Material which is illegal in this country may be legal in another, and vice versa. As a user in this country you should not access any sites carrying child pornography, hardcore pornography or incitement to violence. This is not intended to be an exhaustive list and should be extended as appropriate for the country from which you are accessing our products or services.
You should also note that when you visit a website, a copy of the visited pages are stored on your PC in the web browsers’ cache files. Storage of illegal material in this way may well constitute a criminal offence. If you are in any doubt, we recommend you take independent legal advice.
Connecting to any of CommPoint’s products or services that transit the public telephone network is governed by the Telecommunications Act in the United Kingdom. You must ensure you comply with all legal requirements concerning telephone network misuse, as set out in the Telecommunications Act. Misuse of the telephone network is a serious criminal offence which can lead to fines and/or imprisonment.
The following provides some examples of what might be deemed to contravene the Act, but you should note that it is not exhaustive and you are urged to seek independent legal advice to clarify any specific part of the act and how it might affect you.
Improper Use of the Public Telecommunications System
A person who;
Taking the following steps could help you to protect yourself from becoming a victim of abuse while connected to our products or services and
aid your compliance with this AUP and our terms and conditions;
ILLEGAL ACTIVITY
You must not use any product or service that we provide to you to engage in, or incite others to engage in, any activity that is illegal, fraudulent or seeks
to significantly disadvantage another person or entity by engaging in that activity. We reserve the right to terminate any product or service, without notice,
where we reasonably believe that this type of action has or is occurring.
SHARING LOG-ON DETAILS
CommPoint prohibits End Users from sharing log-on details under any circumstances whatsoever. Any End User discovered sharing their details with a third party,
whether that third party is an End User of CommPoint or not, will have their product or service terminated immediately without notice.
PORT SCANNING
CommPoint prohibits the use of port scanning software on any of its products or services, save for the purpose of initially securing your access to our products
or services and in ensuring the continued security of both your own and CommPoint’s computer systems. It should not be used for any other purpose. We reserve the
right to restrict or terminate any product or service, without notice, where we reasonably believe that this type of action has or is occurring.
SHARED INTERNET ACCESS & PRIVATE SMTP EMAIL SERVERS
Some methods of sharing internet access or applications can expose your internal computer systems to other internet users, and enable them to send unsolicited
bulk emails (SPAM). CommPoint do not block any ports, it is therefore the sole responsibility of the End User to configure their network securely to prevent
this from happening. Failure to secure your network properly may result in your temporary disconnection from our services until we are satisfied that your
network has been secured correctly.
CommPoint is committed to providing our End Users with high quality business grade services at a highly competitive price. To achieve this, CommPoint uses
an IP network that only carries data for businesses. We manage and monitor the available bandwidth our End Users consume carefully in order that all End Users receive
a high quality of service. If an End User consumes a disproportionately large amount of bandwidth (i.e. through download or transfer) then this may:
CommPoint provide mostly unmetered services (where we do not charge for the total amount of data transferred), so it is important that all customers use the service fairly. To ensure a high quality service at a competitive price, an Acceptable Use Policy therefore applies to all End Users.
If an End User’s usage is continually excessive, unfair, inappropriate, affects other End Users enjoyment of our products or services, or is not consistent with the usage we would typically expect for that product or service, we reserve the right to upgrade the End User to a package more suited for their usage or, in extreme cases, suspend, restrict or terminate their ability to access the affected CommPoint product or service.
HOW WILL THIS POLICY AFFECT END USERS?
End Users affected by this policy are usually those using significantly higher levels of resources than other End Users. In our experience this may be because
of poorly configured systems on the End Users network, or the End User is abusing the terms and conditions of the product or service we supply to them or they are using
our products or services illegally.
This unreasonable use of our products or services can cause considerable problems for other End Users. Any such use of our products or services will therefore be considered a breach of contract and will allow us to suspend, restrict or in extreme cases terminate, the product or service we supply to the End User without notice.
End Users using our products or services for the use for which they are designed should not be affected by any action to suspend, restrict or terminate any products or services you may have with us. If you do have any concerns regarding your specific use of our products or services however, then please contact your account manager, who will be happy to answer your questions.
APPEALS
Please e-mail us using our contact form to register an appeal against a decision to restrict or terminate
your product or service. We will look at the merits of all appeals on a case by case basis and aim to respond to all such appeals within 15 working days. We reserve the
right to uphold any decision and our decision will be final.
GENERAL
Exchanging emails with others generally involves using common sense regarding the content material and being polite and courteous. The vast majority of CommPoint’s End User’s
understand what is appropriate when sending or receiving emails. Regrettably, there are occasions when individuals or groups of people exchange emails or involve in online
activities, which are considered to be unacceptable. This is described by the generic term of ‘abuse’.
This ‘Email AUP’ is an extension to our general AUP and covers Email service provided by CommPoint directly (on its own network) and also that of its commercial partners, such as Microsoft and others. Where service is provided by a third party, the End User covenants with CommPoint to use the services in accordance with any terms and conditions imposed by the provider of that service.
ABUSIVE EMAILS
It is not always obvious whether an activity is innocent, inadvertent or intentional, but in general email users should be aware that what is unacceptable (and possibly
illegal) offline (oral or written), applies equally online.
You must not send any emails which cause annoyance, inconvenience or needless anxiety. You should not send false messages likely to cause distress (e.g. advising the recipient that a relative has been in an accident when they have not), or any other material which is distressing, grossly offensive, indecent, obscene, menacing or in any other way unlawful.
Particular care should be taken to avoid any material which is offensive or discriminatory to people on grounds of gender, race, colour, disability, religion or belief, age or other similar category.
Always be sensitive to the fact that children might have access to email content.
SPAN (UNSOLICITED BULK EMAILS)
You must not use CommPoint’s email systems or those systems of its partners to send unsolicited emails, bulk or otherwise. The sending of such emails is an abuse of the
service and you will be in breach of our terms and conditions and liable to have the service restricted or terminated.
SETTING UP YOUR EMAIL SERVER (OPEN RELAY)
If you choose to run an SMTP email server on a private network on your premises you must ensure that it is configured correctly, so as to only accept email from your
private domain. CommPoint may block access to your SMTP email server from outside of your domain to prevent it from being exploited for the purpose of sending unsolicited
emails.
INTERNET CONNECTION SHARING
If you share the resources of your internet connection over a private network on your premises, you must make sure that your network is secure, and that any internet
connection sharing software that you are using does not permit access from outside of your network.
This is especially important if running an open proxy server. This is because an open proxy server will allow other users of the Internet to exploit your Internet connection, and use it as if it were their own. For example, an external user could access your local network and/or send unsolicited (SPAM) emails that would appear to come from you.
WHAT ACTION WILL COMMPOINT TAKE?
Compliance with all provisions of this Acceptable Use Policy is a contractual requirement. If you fail to comply, any product or services we supply to you may be suspended
or terminated. CommPoint may operate systems to ensure your compliance with this AUP, including without limitation port scanning and testing of open servers and mail
relays.
If we discover that you are using our products or service for illegal purposes, we may notify the police. If we receive a court order requesting us to reveal your identity to someone complaining that you have used this service in an abusive manner we will do so.
ACCOUNT RESTORATION
A suspended account may be restored at CommPoint’s discretion, upon receipt of a written undertaking by the abuser not to commit any future abuse. All cases are, however,
considered by CommPoint on their individual merits and we reserve the right to refuse any appeal.
A GUIDE TO NEWSGROUP ABUSE
CommPoint does not currently host or moderate any newsgroups, however it does aim to filter out access to any newsgroups that are perceived by their titles to have illegal
content. This is done on a best endeavours basis and CommPoint does not warrant that it can or will filter all illegal content.
CommPoint therefore asks that if you do identify a newsgroup with illegal content, you notify us as soon as possible in order that we can consider adding that group to our list of barred groups.
In order to mimimise the likelihood of receiving abuse via a newsgroup we recommend that you take some simple precautions as follows;
If you do become a victim of Usenet abuse, outside of the “isp NAME.” hierarchy, there is often very little CommPoint can do to stop the abuse. However, the ISP of your abuser can possibly take action under its own terms and conditions.
We would therefore recommend you take the following action;
In cases of extreme abuse, you may need to contact the police if you think further action should be taken. If you decide to do so, you must be prepared to provide the police with any evidence you have. The police will then consider whether a criminal offence may have been committed and whether further action can or should be taken.
Please note that CommPoint takes complaints made by and against its End Users very seriously, even if they concern End Users that use newsgroups that are not hosted by CommPoint. We will therefore always cooperate fully with any lawful requests for information made by law enforcement agencies.
ACCEPTABLE USE POLICY (AUP) – Version 1.0 – 19th April, 2018 – Copyright CommPoint Limited.
E & OE.
CommPoint Limited
Registered Office: Bank House, Southwick Square, Southwick, BRIGHTON, West Sussex, BN42 4FN
Telephone: 020 3325 3275
These are the Standard Terms and Conditions of Sale for COMMPOINT LIMITED (hereinafter referred to as the company), which shall form the basis of the contract between the company and the client. No alterations to these conditions either in inference or contract will be accepted unless expressly stated in writing by the Managing Director of the company.
These Terms and Conditions of Sale shall apply to all orders accepted by the company, including sales made online by electronic means and any or all additions and alterations thereto.
These Terms and Conditions of Sale override any Terms and Conditions of Purchase that the client may include as part of his/her instructions to the company, whether written, electronic, oral or otherwise.
These Terms and Conditions of Sale apply to the supply only and/or supply, delivery, installation and commissioning (including final testing and customer training, if applicable) of any products and/or services that are the subject of the companies written or verbal specifications/quotations previously submitted to the client – including details provided on any of the companies websites.
The company reserves the right to extend the scope of these Terms and Conditions of Sale to apply to any other products/services that it might add to its’ product and/or service portfolio in the future.
Provide on-site training commensurate with the amount of training agreed to by the company (if any) in the specification/quotation/order confirmation, to cover technical administration, if required and end-user training for all supplied products. This provision is specifically excluded from any purchases made on any of the companies’ websites, unless specifically agreed to the contrary in the company’s official specification and/or quotation/order confirmations.
Additional training may be provided at the request of the client, at a cost to be agreed at the time of request.
We undertake to always carry out all works in a workmanlike manner and to a good standard of workmanship.
Where certification is mandatory or has been agreed to as part of the overall delivery and commissioning of a system, commissioned systems will be certificated and handed over to the client’s nominated representative on completion, or shortly thereafter (within 15 working days).
The company reserves the right to distribute the commissioning/handover certification and/or any end user manuals/instructions to the clients representative in electronic format or otherwise and at its option by any means it thinks suitable (i.e. post, e-mail, fax etc).
The company reserves the right to accept all orders.
A binding contract shall exist between the company and the client on receipt by the company of a correctly signed and dated copy of the company’s quotation from the client. The company may at its discretion and from time to time, choose to accept orders by e-mail, fax or other means from the client. This shall not in any way dilute the companies Terms and Conditions of Sale, which shall apply at all times.
These Terms and Conditions of Sale will have effect from the date of receipt by the company of the company’s signed and dated quotation at its offices and/or, with the prior written agreement of the company, the date on which the client agrees to enter into a contract with the company by the issuing of his/her instructions, either in writing or verbally, by letter, telephone, e-mail, fax or by other means.
Quotations/specifications may be withdrawn or revised at any time prior to receipt of a signed copy of the company’s quotation from the client, or at the company’s option, confirmation in writing of acceptance of an order to the client from the company. Thereafter no changes to the company’s quotation/specifications will be accepted without the companies’ written agreement.
Where it becomes necessary to vary or amend any quotation/specification due to circumstances beyond the companies’ control, the company hereby reserves the right to supply a suitable alternative product that meets with or exceeds the minimum specification originally quoted/specified for. The client has the right to reject any alternative product offered if it is reasonable to do so, in which case the company further reserves the right to offer a further alternative product for approval by the client.
1. No communication from the company or its agents shall be of any contractual effect or be relied on as a representation condition or warranty unless incorporated in the
company’s quotation, or confirmation of order in writing and no variation of these conditions of any contract terms shall be effective unless confirmed by the company in writing.
2. Unless otherwise confirmed by the company in writing these Terms and Conditions of Sale shall apply to the exclusion of all other terms, conditions and warranties whether express
statutory or implied to the extent that such other terms, conditions and warranties are inconsistent herewith.
1. The company has based the specifications for all equipment the subject of its quotations/specifications and as previously submitted to the client, either verbally or
otherwise, on the verbal or written instructions of the client. The company is satisfied that the equipment specified will satisfy the requirements of the client insofar as it understands the client’s
requirements. The client hereby agrees that all verbal and/or written representations made to the client regarding its requirements are complete and correct and indemnifies the company against any
later claim for non-performance the result of any inadequacy of the clients’ original instructions.
2. The company warrants that it will make good by replacement, or (at the company’s option) by repair, any defects in the goods supplied which arise out of faulty design (other than
a custom design made, furnished or specified by the client for which we disclaim responsibility) or the use of faulty materials or bad workmanship on the manufacturers part and which are notified to
the company within one year (15 years in the case of internal structured cabling systems) from the date of dispatch or installation to the client provided that:
a). The client shall have used the goods properly and in accordance with the manufacturer’s instructions without un-authorized modification, and;
b). The goods are returned to the company (in the case of supply only) if the company so request, and;
c). The companies liability shall be limited to delivery and installation of the repaired or replacement goods only, free of charge to the original contractual place of
delivery/installation, and;
d). These Terms and Conditions of Sale shall apply to the repaired or replacement goods.
3. Subject to paragraphs b) and d) hereof, the company shall be under no liability whatsoever for any breach of contract, howsoever arising, whether of any express or implied condition, warranty
or terms of the contract (and whether amounting to a repudiation of fundamental breach or not) nor for negligence including mis-statement either in tort or contract otherwise nor, beyond the terms
of paragraph b), for any loss, injury or damage whether direct or consequential where flowing from any defect latent or otherwise and whether or not attributable to any delay in repair or
replacement by the company and whether in tort or contract or otherwise.
4. Nothing in this condition shall be construed as excluding or restricting liability for death or personal injury resulting from the companies’ negligence as defined in Section 1 of the Unfair
Contract Terms Act 1977.
The client will be advised by the company either in writing or verbally of the delivery/commencement date and likely duration of any works at least 24 hours prior to works commencing unless agreed otherwise with the client, notwithstanding the following and the provisions of Clause 2.7.
1. Delivery shall be as stated above and shall be extended appropriately if the company is delayed by reason of an event of Force Majeure as defined in Clause 1.7 herein.
2. Whilst the company will endeavour to maintain delivery dates, it is a condition that the company shall not be liable for damages (direct, consequential or otherwise) for later delivery, nor under
any other liability in respect thereto.
The company shall be relieved of all its obligations under these Terms and Conditions of Sale, to the extent to which fulfilment thereof is prevented, frustrated or impeded as a consequence of any circumstances outside the companies control including, but not limited to, failure of suppliers, industrial action, war, statutes, rules, regulations, orders or requisitions issued by any Government Department or other duly constituted authority or non-availability of raw materials, fuel and energy.
The client shall indemnify the company against all damages, penalties, costs and expenses to which the company may become liable as a result of work done in accordance with clients’ specifications or designs which involves or is alleged to involve the infringement of any registered design or similar rights.
The client shall indemnify the company against all damages, penalties, costs and expenses to which the company may become liable as a result of work done in accordance with clients’ specifications or instructions which involves or is alleged to involve a breach of statutory regulations relating to works carried out in listed/conserved buildings.
The risk in the goods supplied shall pass to the client on delivery, but neither legal nor equitable title shall pass until receipt by the company of the full purchase price.
These Terms and Conditions of Sale shall in all respects be construed and operate as an English contract and in conformity with English Law.
Unless otherwise specified, all prices exclude delivery.
It is essential that payments against outstanding invoices will be made using an approved payment method, on the due dates, subject to the following;
CASH ACCOUNT CUSTOMERS ONLY
All goods/services will be paid for in full, subject to 2.3(d), prior to the dispatch of goods or provisioning of services by the company. Payments are accepted by BACS, Direct Debit, CHAPS or by most major
credit cards.
CREDIT ACCCOUNT CUSTOMERS ONLY
a). Products and materials: – Payments will be made by BACS, Direct Debit, CHAPS, or by most major credit cards, no later than thirty working days from date of invoice.
b). Labour: – Payments will be made by BACS, Direct Debit, CHAPS, or by most major credit cards, no later than thirty working days from date of invoice.
c). Service and recurring subscriptions: - Payments will only be accepted in advance, using an active Direct Debit Mandate. Alternative payment methods will not be accepted.
d). Transactions will only be accepted in British Pounds Sterling to our nominated bank account.
e). Payment within terms is of the essence – no supplies and/or services will be provided against overdue accounts under any circumstances.
f). Please note orders will not be accepted until an acceptable letter of credit or approved account has been received/authorized by the company.
g). In the event of late, returned or non-payment, we reserve the right to charge statutory interest (currently 8% over the Bank of England base rate), together with statutory compensation (currently up to £100 per invoice issued).
h). Where the final purchase cost is settled by way of finance through a third party lender, then the lenders terms and conditions (together with any additional terms imposed by their underwriters)
will prevail following receipt of the full purchase price from the third party lender by the company.
i). Having regard for h) the Purchaser warrants that a lenders ‘Note of Satisfaction’ will be duly completed and signed upon completion of works as per the lenders standard terms and conditions and
forwarded to the company without delay.
All prices stated exclude Value Added Tax (unless otherwise stated), which will be added to the invoice at the appropriate rate.
Subject to the provisions of Clause 1.7 & 2.3(e) orders cannot be cancelled without the written permission of the company by the Managing Director.
a). Orders, which require special manufacture/fabrication or modification, are accepted on the understanding that in the event of cancellation, the client accepts full liability for all finished
products, work in progress and/or any new materials procured to fulfil such order.
b). Orders placed for non-stock items cannot normally be cancelled unless expressly agreed in writing by the company, with the permission of the Managing Director.
c). No credit will be given for any materials returned by the client unless previously agreed in writing by the company and/or accompanied by a returns authorization number.
If for any reason you are unhappy with your purchase, simply return it to us in its original condition and packaging within 30 days from date of invoice. We will issue a full refund for the price you paid for the item.
If the return is due to an error we have made we will gladly refund the delivery charges. Please see contact details below for advice.
If the item is either faulty or damaged please contact our Returns team using our contact form who will arrange for a replacement or refund:
To return an item, please use our returns form. Please pack the item securely, enclosing the completed form and attaching the address label supplied on the returns form.
For your own protection we recommend that you use a recorded-delivery service. This returns policy does not affect your statutory rights.
RIGHT TO CANCEL - INTERNET PURCHASES ONLY
In addition, under the Consumer Protection (Distance Selling) Regulations you may cancel your order for any reason within seven working days following the day on which you receive the goods. We regret that this does
not apply where goods purchased have been supplied in sealed wrapping or are software based products.
Please ensure that the goods are returned in their original condition.
You should notify us by using our standard returns form. Post this form with the securely packaged goods back to the Returns Department straight away using a recorded delivery service.
We will reimburse you in full on receipt of the returned goods in our warehouse. You will, however, be responsible for the costs of returning the goods to us (unless these goods are faulty or have been delivered by us in error).
Orders for phased delivery against the clients forward delivery schedules are accepted on the understanding that any amendments to such schedules, not occasioned by delays upon our part, are subject to confirmation and acceptance by the company – we do reserve the right to invoice for all goods/services as per the original order if any amendments significantly delay the completion of the original schedule.
All installation works specified are normally quoted to be undertaken as continuous works, should delivery dates be significantly delayed as a result of delays on the part of the client, the company reserves the right to contra charge for any costs incurred as a result.
The company operates a formal Health & Safety policy. A copy of this policy can be supplied upon request. It is incumbent on the client to advise the company immediately if any part of this policy conflicts with its own policy and/or procedures.
The client should advise the company prior to installation works commencing of its own Health & Safety requirements and its nominated contact on site with whom the company should liaise.
STANDARD TERMS & CONDITIONS – Version 1.1 – 1st August, 2023 – Copyright CommPoint Limited.
E & OE.
CommPoint Limited
Registered Office: Bank House, Southwick Square, Southwick, BRIGHTON, West Sussex, BN42 4FN
Telephone: 020 3325 3275