Terms and Conditions of Service

1.              IMPORTANT.  We provide a service to connect you to the Internet.  It is up to you to pick the service that best matches your requirements, taking account of the usage limits that apply to different services.  We don’t guarantee any install data or that we can provide you with a service at all.  The Internet is big and complicated; we do not control it.  There are many good and useful things on the Internet, but there is also a lot of bad stuff.  It is up to you to protect your network.  You are responsible for what you do with the service and for anyone you let use the service.  Remember that things break.  If they do, we will try to fix things as quickly as we can but it may take days or longer to fix some problems.    

2.              Initial charge.  The charge for a connection to the network is £75 which must be paid at the time that you order a connection.  We will install and fit the relevant items to get you online. This fee is to be increased from July 1st 2017 to at least £150+VAT. The installation fee will be calculated during the site survey. 

3.              Monthly subscription.  We offer three levels of service (custom levels are available on request).

Level

Download  Speed

Upload Speed

Fair use
(Gb/Month)

Cost per Month

Consumer

5mb-8mb/s

3mb/s

100gb

£25+VAT

Pro-Consumer

12mb-15mb/s

5mb/s

150gb

£30+VAT

Business

18mb-23mb/s

15mb/s

400gb

£40+VAT

The download limit that is suitable for you depends on how your broadband connection is used.  100 GB should be more than sufficient for a family of 3 to 5 users who want to use the internet for web browsing, emails, limited gaming and occasional music downloads.  However, regular use of the internet to stream music, videos, TV programs or films may easily exceed a limit of 100 GB.  For example, listening to internet radio or music services for an average of 4 hours a day will use 3 to 8 GB per month, depending upon the music quality (degree of compression).  Standard definition videos, films and TV programs absorb 0.5 to 1 GB per hour, while high definition content absorbs up to 2 GB per hour.  If you expect to watch films or TV programs regularly – more than 1 hour a day on average – the download limit for the Regular subscription is probably too small.  Most computer games are at least 10-15 GB to download, but online gaming should not use more than 2-3 GB per month unless someone is playing for more than 12 hours a day.

4.              Payments. The subscription for the service is payable monthly in advance at the beginning of each month.  We ask you to set up a standing order in order that you remain in control of your payments. The service will be terminated for any customer who has not paid the subscription within 21 days of the due date.  Please tell us if you are having difficulties in meeting monthly payments as we may be able to work out some alternative arrangement.

5.              Contract term.  Your initial commitment is for 3 months.  After the end of this period you may terminate your subscription to the network by giving 1 month’s advance notice in writing.  We reserve the right to change our subscription charges after the end of the initial commitment period by giving one month’s notice.

6.              Liability.  If something breaks or we do something wrong so that your service is interrupted, the most we will compensate you is the money you paid for the service while that service was not working properly.  You have to understand that things can break or not go to plan. It is up to you to take whatever precautions you need.

For the avoidance of doubt, we are responsible for maintaining the equipment which we provide for access to our network.  We do not accept liability for defects in the products and/or the installation of this equipment.  We will endeavour to provide replacements for items that fail as soon as possible. This does not affect your statutory rights.

7.              Customer service.  Whilst we will try and provide services with all reasonable skill and care, you agree that providing customer service is not part of the contract. You agree that the limit on liability applies even if you take a case to alternative dispute resolution and so you will not accept any award in excess of this limit.

8.              Installation.  It is the responsibility of Marykirk.com to arrange and install the equipment in the right place, and in a safe and secure manner.  The antenna is powered by Power over Ethernet (PoE) with the cable running from the antenna (outside your house) to the power injector and router inside your house.  The cable is similar in diameter and appearance to a TV or satellite aerial cable.  The specification for the PoE equipment is 24V and about 0.25A, so it does not pose an electrical hazard if properly installed.  You should choose a location for the router and power injector with access to 2 power plugs and with good wi-fi coverage over your house if you rely on wi-fi connections. 

9.              Planning.  It is also the responsibility of the customer to ensure that any planning restrictions on the installation of a wireless receiver are satisfied.  Further information is provided in a separate document which reproduces advice provided by the local Council and the Scottish Government.

10.           Router setup.  The router supplied will be pre-configured for you, with a static IP address for its external port and default settings for your domestic network.  Please consult us in advance if you wish to add Voice over IP (VoIP) to your system as this can be difficult unless you ensure that you have suitable equipment that is properly set up.

11.           Usage.  Please remember that this is a shared network.  The capacity on our main backhaul to Montrose is large, but still constrained and has to be shared between all users.  For the avoidance of doubt, we are not providing an “unlimited” service.   We will monitor traffic volumes in order to apply the usage limits.

12.           Traffic management.  As general guidance, we will give priority to Business subscribers when the network is congested.  In addition, we will give priority to certain categories of traffic such as VoIP and virtual private networks (VPN) using L2TP and similar tunnelling protocols.  If you wish to make use of such services you must be registered as a Business subscriber as we may restrict or block this type of traffic for Regular subscribers.

13.           Network speed.  We will endeavour to supply you with the speeds you have subscribed for. Sometimes, issues will crop up on the network and you may experience slower speeds than you expect – please report this as a fault and we will endeavour to fix this as quickly as possible.

14.           Internet TV & films.  A community network of this type will not support many people wanting to watch TV over the internet, especially in real time and/or high definition.  On the other hand, there should be no problem in using the network for catch-up downloads using the BBC iPlayer or similar services.  As general guidance, large downloads – especially of high definition material – should be confined to periods of low usage, primarily between midnight and 8 am.

15.           IP address.  (For those who don’t know what an IP address is, the defaults for the network are suitable for normal usage.)  There is a degree of confusion about IP addresses.  There are two separate issues.  Is your IP address public – i.e. is it accessible from the public internet?  And/or is it static – i.e. does your address change from time to time?  The number of public IPv4 addresses is limited and we have to pay for them.  Through the provider which manages our link with the outside world we have applied for a block of public IPv4 addresses, which we can assign on an as required basis to some customers.  The normal arrangement is that this is assigned to the external WAN port of your router, while the router assigns private IP addresses to any device on your domestic network using a system called Network Address Translation (NAT). 

16.           Please be aware that the shortage of IPv4 addresses means that it may be necessary to switch to IPv6 addressing in the longer term.  Anyone can have multiple public IPv6 addresses and the router that we supply supports this function.  If you want to use VoIP it is advisable to consider this option since VoIP services are designed to operate with static public IP addresses.

17.           Website & Frequently Asked Questions.  We have a website which can be accessed at http://www.Marykirk.com.   The website will provide technical advice in the form of answers to a set of Frequently Asked Questions (FAQs) as well as general news and information for all customers.  Please consult it if you have difficulties or to keep in touch.

18.           Our full contract terms are on our web site and you should check this. We can change the terms. We will put the new terms on our web site if we do.