Terms and conditions

These terms and conditions set out the agreements between (1) you ('you', 'the customer' or 'your') and (2) Buchan Consultancy Services Ltd (‘we’ ‘us’, “our” ‘BCS Ltd’) (trading as 'Marykirk.com’).

Marykirk.com is a trading name of Buchan Consultancy Services Limited – Registration No. SC147794

As part of providing, you with the service under this agreement, BCS Ltd reserve the right to subcontract works to third party contractors when appropriate.

Your use of the services will be governed by the terms of these agreements. Please read through these terms and conditions carefully.

A Obtaining the services.

Marykirk.com will try to meet any date agreed with you for installation or activation of the services, but we and/or our contractors may have to change the installation date given to you or activation may be delayed. We will try to notify you of any changes as soon as possible.
You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your premises.
Where we need to install equipment at your premises, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit. Please do not move any equipment. Should you wish to alter the routing of any existing equipment such as cables or wall sockets, you should contact us.
Where we do not need to install equipment at your premises, i.e. our equipment is already installed, a one-off reconnection fee will apply. Additional charges may be applicable.
We will advise you of any additional equipment you need, if applicable. It is your responsibility to purchase the additional equipment as notified to you. We will not be liable to you for any loss or damage caused by your installation of the additional equipment.
Where we have recommended additional equipment for use with the service and you have chosen not to take our recommendation, we cannot guarantee compatibility of the equipment you choose, nor can we provide installation or ongoing support in respect of that equipment.
To provide the service, the equipment (e.g. a wireless router) must be connected to equipment belonging to you (e.g. a computer). We are not responsible for your equipment working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment. You must follow our instructions for this.
Where we need to set up any services on your equipment you authorise us to have access to your equipment to perform such set-up (which may include the installation or update of software) and to check that those services are working properly. You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment, so that we can perform the set-up properly. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to the set-up of any services by us on your equipment.
You are responsible for applying for any consents and permissions necessary for us to connect and maintain the equipment at your premises (for example, any permission necessary to install aerials). We are not obliged to install or provide the services unless all consents and permissions have been obtained.
Our obligation to provide the services may be subject to survey, which will be carried out free of charge for up to two site visits. If a survey shows that the service cannot be installed at your premises no charges will be applicable.
If a survey shows that a non-standard installation is required, we will then issue an estimate and detailed plan of the additional work necessary for your approval prior to an installation being confirmed.
If an engineer’s visit is necessary to advise or plan further works outside of our standard installation, or we are asked to plan an internal Wi-Fi solution for your property, a charge of £50/hour +VAT (or part thereof) and travel time will be appliable.
We do not have to connect the equipment at your premises or otherwise keep to these agreements if:

your premises are outside our service area or in a part of our service area where no service is available or our service in that area is at full capacity.
we are unable to activate the services at your premises for any reason;
you are not able to be a customer because you have previously misused our services
you have failed to meet our credit check criteria
your computer or its operating software does not work correctly or normally for Internet access
it is not practical to carry out the connection for health and safety reasons or for any other reason.

B About the services.

If you keep to the terms of these agreements, we will provide you with the services
As well as these terms and conditions, the services have other legal stuff which applies to the service and its use, as published by us on the Marykirk.com website. These may be updated from time to time so please check the website regularly and read through it carefully. This other legal stuff includes our 'acceptable use policy' ‘Fair Use’ and 'privacy policy'.
To make sure you are always getting the best possible service, we, may monitor and record phone conversations you have with our teams.
You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). For example, if someone who has access to your premises uses the services, they will be considered to be within your control, and you will be liable for those charges. If you become aware of any fraud by someone else, you must tell us as quickly as you can. Under no circumstances should you give your passwords to anybody else (unless you're happy for them to use your account and add charges on your account).
With your permission, we may monitor email and internet communications, including without limitation, any content or material transmitted over the services.
We also reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.

C Looking after your services.

We and/or our contractors will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly and for us to provide the service to you.
We will always aim to provide you with the best service possible, but we will not be liable for interruptions, or other problems with services that are beyond our reasonable control. You agree that you will tell us about any fault in the services by contacting our customer services team, who will aim to respond as promptly as possible. In many circumstances it is possible to correct a fault over the phone. If this is not possible, Marykirk.com will send a technician to correct the fault.
If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee:

Misuse or neglect of, or accidental or wilful damage to, the equipment;
Fault in, or any other problem associated with, your own equipment or any system that we do not cover;
Your failure to keep to these agreements.

You are responsible for maintaining any equipment that is relevant to the services, which you own (for example computers).
We are not responsible if you are not able to use the services because your equipment (for example, your computer, Internal network, printer, or other equipment) does not work properly, is not compatible with the system or does not meet the minimum specifications or because of faults in any public communications provider's network (where applicable).

D Using the service.

You are responsible for the way the services are used. You must not use the services to do any of the following acts or allow anyone else to use the services to do the following acts:

Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
Perform any illegal activity.
Break, or try to break, the security of anyone else's equipment, hardware or software;
Deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;
Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the services to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice.
Use the services in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential or business customer as appropriate customer. If we believe that you are using the services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all services without giving you notice.

You must, always, make sure that the way you use the services does not break the law or the rights of any other person.
You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the services supplied to you under these agreements.
Where a usage allowance is allocated to you as part of the service, you are responsible for making sure that you do not use more than your allowance on a regular basis as governed by our fair use policy We are not responsible for any negative consequences of your failure to do so. Furthermore, if you exceed any allowance applicable to your service, we reserve the right (at our sole discretion) to re-grade the services in question at the appropriate charge. If we make such changes we will notify you as soon as possible.
Some parts of the service(s) enable you to access third party content and services (some of which may require you to accept additional terms and which may be subject to additional fees), and you agree that we are not responsible for any such third party content or services.

E Using our equipment.

Where we provide equipment to you it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your premises.
You are responsible for making sure that our equipment is safe and used properly, at all times. To do this, you agree to do the following:

Follow the manufacturer's instructions and any other instructions we have given you.
Keep the equipment in your premises and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
Insure any of our equipment against any loss, theft or damage for the full replacement value.
Not remove, tamper with or cross out any words or labels on our equipment.
Take proper care at all times to prevent the loss or theft of our equipment.

You agree to tell us immediately about any loss or damage to any part of our equipment. You should do this by contacting our customer services team. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.
If we or you end these agreements, if you decide to disconnect from some of our services, or if you wish to take up an offer to upgrade the equipment we provide to you, you must return the equipment to us or (if we choose) make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the equipment. If we hold any money we may use that money towards the cost of the equipment. If we have supplied you with any additional equipment, we'd encourage you to dispose of it responsibly if you're no longer using it so please contact us for further information about disposing of your additional equipment.
Any equipment which you own and which you connect to the system (for example, phones, fax machines, computers) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment.
We will not be liable in any way for any loss or damage which is caused to your own equipment arising as a result of its use with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.

F Paying for your services.

You must pay the charges on time for the service (and other services you decide to take out later) as set out in your contract form together with any applicable value added tax or other applicable taxes.
All payments by you should be made to Buchan Consultancy Services Ltd (BCS Ltd.)
Marykirk.com agrees to collect and process all payments made by you to BCS Ltd promptly and ensure that they are applied in settlement of the charges to which they relate.
If you do not pay your bills on time, you will be liable to interest or other charges for your default. We may also charge you the full amount of any bill and you may lose any discount we have given you. We will also suspend or cancel the services and charge you the costs of debt recovery proceedings to recover any debt you owe under these agreements.
Bills

Under these agreements, if you ask for any changes to the services provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
Bills must be paid by Direct Debit.
If any Direct Debit of yours is cancelled or is not cleared by your bank or building society, we are entitled to charge you a default fee and the provisions of paragraphs F4 will also apply.
You will receive our Invoices by email.

You must provide us with a valid and current e-mail address. The accuracy of that e-mail address is entirely your responsibility. We must be notified in writing of any changes to your email address as soon as possible.

You shall remain fully responsible and liable to pay any bills of which notification has been sent to the e-mail address you have specified whether or not:

you access that e-mail account and read the relevant e-mail;
you are disconnected from your e-mail account
for any other reason (other than, Buchan Consultancy Services Ltd, negligence) you fail to read the relevant notification.

If you want to change any of the services agreed to, we may charge you an administration fee. We will notify you of the amount of any such charge when you request the change.

If at any time before or during the term of these agreements you fail to meet the credit conditions imposed by us, we may do the following:

Require you to make a payment in advance for future charges;
Enforce credit limits on you for any charges, restrict the level of service we provide to you, only allow certain methods of payment and/or suspend some or all of the service at any time when you reach the limits until we have received the full payment of any charges you owe under these agreements.

G Your details and how they are looked after.

You must provide promptly and accurately all the information which may be needed so we can perform our respective obligations under these agreements. You must also tell us immediately if any of your details change.
By having the service provided by us installed in your premises and/or by using them you are providing your consent to use your personal information together with other information for the following purposes:

providing you with the services, service information and updates;
administration, customer services, training;
tracking use of services (including processing call, usage, billing, viewing and interactive data);
improving and developing the service.

In line with GDPR your personal information may be used for these purposes for so long as you are a customer and for as long as is necessary for these purposes after we cease providing services to you. Occasionally third parties may be used to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with Buchan Consultancy

Services Ltd.’s instructions.

Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
Your personal details won’t be shared with other companies for marketing purposes without your consent.
You have a right to ask for a copy of your information (for which we charge a small fee) and to correct any inaccuracies.
If you do not pay your bills for the services, then we reserve the right to transfer your debt to a third party in which case your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt. Such third party will take such action to recover your debt as it considers appropriate and will not be acting on behalf of us or to our instructions.

H Changing these agreements.

You may add to or reduce the services you receive from time to time by contacting our customer services team. If you ask us to provide any extra services to you, you agree to accept those additional services for at least the minimum period that applies to them. If you ask us to reduce your service within the minimum period for those services, we may ask you to pay a fee depending on the services being reduced and the remaining length of the minimum period.
We may at any time improve, modify, amend or alter the terms of these agreements and/or the services and their content if:

there is any change or amendment to any law or regulation which applies to us or the services provided to you;
We decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, in our reasonable opinion, it is necessary to do so;
for security, technical or operational reasons;
if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or
in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.

However, you will have the right to cancel the affected services or end these agreements if the changes are significant, as described in paragraph J4.

We may change our respective charges in line with inflation at any time. Any changes to our monthly charges will be published by us, on the Marykirk.com website and if the changes are significant we, will do our best to give you notice of the change at least one month before the changes take effect. Any changes to usage charges and tariffs will be published on the Marykirk.com website and will be reflected on your next bill after the changes take effect.

I Suspending services.

We may suspend any or all of the services immediately without notice if:

you have broken these agreements (including the other legal stuff, like the acceptable use policy) (and in such an instance we reserve the right to reduce the level of services affected);
you exceed any allowance applicable to your service without prior agreement from Marykirk.com (and in such an instance we reserve the right to reduce the level of services affected as governed by our fair use policy);
maintenance, repairs or improvements to any part of the service or the system need to be carried out;
we have to do so by law or in line with a contract;
you go over any credit limit on your account;
we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment or at any time during the provision of the services;
we believe that you or another person at your premises have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the services or equipment (or both);
we do not receive a signed copy of the contract document from you within 30 days of installing your services;
you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate, rude or offensive.
in our reasonable opinion it is necessary to do so.

If the services are reduced because of misuse, then during any period of reduction, you will remain liable for the payment of your original level of charges.

J Ending these agreements.

You may end this agreement at any time out with your minimum contract term (see your contract for details) by giving the 30 days' written notice. You must pay any charges up to the end of that 30-day notice period.
You may end these agreements without penalty if we -

make significant changes to the services so the service you are entitled to receive in return for the charges you pay are significantly altered or reduced.
make significant changes to the terms and conditions of these agreements (including the other legal stuff)

you may cancel those services affected without penalty by giving us at least 30 days' notice, in writing. Such notice must be given within 30 days of the charges or changes to the services as noted in J2. above. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and these agreements. You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period.

If we, break the terms and conditions of these agreements, you're free to end these agreements.
We may end the respective agreement immediately by giving you notice if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
When these agreements end or you cancel a service, we will deactivate (permanently switch off) any relevant equipment we supplied to you to provide the services. You will no longer be able to use the equipment.
If you fail to return or make available for removal any item of the equipment which we have hired to you, you may have to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment.
If these agreements are ended for any reason, or if any of the services are cancelled, we will be entitled to keep any money held and to use that money to pay any obligation or debt you may owe under these agreements. We'll get in touch with you to refund to you any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance. If that's the case, we'll donate the account balance to charity. We may also donate your account balance to charity, whatever the amount, if we have not been able to contact you within six months of the date of termination of these agreements.

K Moving home.

If you move to another address within our service area, you may ask us to provide the services to your new address. You must provide at least one month's notice to do this, but we cannot guarantee to provide you with the services at your new address.
If we agree to provide the services to your new address, we will send you a new contract for the service at your new address and you will have to keep the service for the minimum period. The service start date for your new minimum period will be the date that the services are installed at your new address.
If we are unable to provide you with services at your new premises and you are within the minimum period, you will be liable for the cancellation fee under L3 below.

L If you break these agreements.

We may end any of these agreements immediately if:

you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
we believe that you or another person at your premises have committed, or may be committing, any fraud against us, or any other person or organisation by using the services or equipment (or both);
you break any of these agreements (including the other legal stuff) and, if you are able to put things right, you have not done so within seven days (or such other period as we specify) of us asking you to do so;
we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment from us or at any time during the provision of the services;
any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
we are specifically entitled to do so under any other section of these agreements.

If you break any of these agreements and we choose to overlook it, we can still end the relevant agreement with you if you break it again.
If we, end these agreements because you have broken these agreements as set out in this section L (including where you have not paid the charges which you are liable to pay under these agreements) during any relevant minimum period, we will be entitled to charge you an early disconnection fee on top of any other charges you are liable to pay under these agreements. Also, if we discover that you have got services from us without permission at any time, we will also be entitled to charge you for any relating to those services.
If you break any of these agreements by committing fraud or any other criminal activity, we will report you to the police, who may take legal action.

M Visiting your home.

You authorise us to install, keep and use apparatus (including but not limited to equipment and additional equipment) at your premises and you agree that we and our employees, agents or contractors may enter your premises so that we can:

carry out any work that is necessary for us to connect, maintain, alter, replace or remove any apparatus necessary for us to supply the services you and others have asked for; and
inspect any apparatus and equipment which you may keep there.

We agree to cause as little disturbance as reasonably possible when carrying out any work at your premises. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your premises.
You agree not to do anything, or allow anything to be done, at your premises that may cause damage to or interfere with any apparatus or prevent use or easy access to it.
You confirm that you are:

the current occupier of the premises; and
either the freeholder of the premises or a tenant under a lease of 12 months or more.

N Liability to you.

BCS Ltd and/or our contractors liability to you is limited as set out in paragraphs N2 to N6.
None of BCS Ltd and/or our contractors will be liable to you for:

any indirect loss or any loss which is not a reasonably foreseeable consequence of BCS Ltd, negligence or breach of these agreements (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
lost or destroyed data or software;
any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or BCS Ltd, had been advised of the possibility of you incurring such loss; or
direct physical damage to your property (including any of your equipment upon which we have set up the services) unless it has been caused by BCS Ltd, negligence or the negligence of their employees, agents or contractors while acting in the course of their employment (and even then BCS Ltd, liability will not be more than £100,000 for any one event or series of connected events).

When BCS Ltd and/or our contractors carries out any obligation under these agreements, the duty of each is to exercise the reasonable care and skill of a competent service provider only.
BCS Ltd, will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the service, or for transmitting or receiving, or failure to transmit or receive, any material through the service.
If you deal with any other individuals or organisations using the service (for example, by buying or renting goods or services from them or ordering goods from them using our Internet access), BCS Ltd, will not be liable in any way for any loss, costs or damage you have to pay for.
BCS Ltd, will not be liable to you for the contents of any material from other individuals or organisations which may be accessed through the service. We also reserve the right to block access to any such material.
BCS Ltd, restricts or excludes liability to you for:

death or personal injury resulting from BCS Ltd, (or our agents' or contractors') negligent act or failure to act;
direct physical damage to your personal property up to £100,000 for any one event or series of connected events where the damage arises from BCS Ltd, own (or our agents' or contractors') negligence; or
BCS Ltd, respective liabilities which, by law, BCS Ltd, must cover you for, including any liability arising out of part 1 of the Consumer Protection Act 1987 or from BCS Ltd breaking our respective duties under sections 4.1 or 11.4 of that Act.

O Matters beyond our reasonable control

BCS Ltd, will not be liable for failing to do what it promised under these agreements if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial disputes.

P Notices

Any notices BCS Ltd, gives to you must be in writing to you at your premises or sent electronically. Any notice period will start from the day on which the notice is delivered, two working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent electronically.

Q The law and how your complaints are resolved.

These agreements will be governed by Scottish Law.
BCS Ltd, are fully committed to addressing all complaints, fully, and in a reasonable time frame.

R Transfer of agreements

These agreements are personal to you and you may not transfer your account or any of your rights and responsibilities under these agreements without our written agreement. For business reasons we may transfer any of our rights and responsibilities under this agreement without your permission.

GLOSSARY

These words throughout these agreements have the following special meanings:

‘agreements’ the terms and conditions set out in this document, the other legal stuff, together with all the details set out in any contract document we ask you to sign.

‘Client registration form’

Is the form you signed and returned to us stating the services initially orders and key facts relating to these agreements.

'equipment' any telecommunications or other equipment we supply to you as an essential part of providing the services (including upgrades and replacements).

'premises' the property where we or you install apparatus (including but not limited to the equipment) and to which we agree to supply the services.

'Internet access' us providing Internet access, by way of high-speed Internet connection.

'Minimum period' the minimum period that you must keep a service, start from the service start date. This is 12 months for all broadband service.

'Normal working hours' these are 9am to 5pm on Monday to Friday. These hours may change.

'Other legal stuff'

as well as the terms and conditions set out in this document, there are additional terms and conditions which apply to your services published by us on the Marykirk.com website and updated by us from time to time. If there is any conflict between the other legal stuff and the terms and conditions in this document, the other legal stuff will apply.

'Service start date' the first date on which each service is available for you to use or, where no installation is required, the earlier of the date your service is activated or seven days from the date you ordered the services from us.

'services'

the services you have ordered including any new, extra or substitute services which we agree to supply you

at a later date

'system' an electronic communications system or network.

'website' the website at www.marykirk.com or any other website address we may tell you about.