| 1. |
You are responsible for providing
and maintaining an SMS text compatible
landline or a mobile phone where BT
can send text messages regarding the
Services to you. You are responsible
for ensuring connection to a mobile
network capable of receiving the SMS
Services. You understand that if your
mobile phone is switched off or is out
of coverage for a period of 7 days or
more your mobile network provider may
delete any SMS messages received by
you.
|
| 2. |
You confirm that you are the owner
or legitimate user, or that you have
the consent of the owner or legitimate
user, of the mobile phone you are using
for the Services. You acknowledge that
using another person's mobile phone
will mean disclosure of your BT telephone
account details and therefore accept
the sole risk for such disclosure.
|
| 3. |
The Services will be available for
your use from 6 January 2006 for a period
of 3 months or such other period as
we may advise via our website located
at www.bt.com/sms ("the BT.com
website"). At the end of the trial
period we may elect to leave the Services
in place until such time as the Services
(or modified versions arising as a result
of the trial) are made generally available
by us. We reserve the right to withdraw
this trial at any time.
|
| 4. |
4. For operational reasons we may
vary the technical specification of
the Services. By taking part in the
trial you are entitled to make full
and beneficial use of the Services for
your own internal purposes and you agree
to make use of the Services to the fullest
extent possible during the trial period.
|
| 5. |
If we agree or make any change in
the Service, this Trial Terms and Conditions
is to be treated as varied accordingly.
|
| 6. |
The Trial is only available to you
if you currently have your telephone
service provided and billed for by BT.
In the event of any conflict between
our standard Terms and Conditions for
Residential Service, and this Trial
Terms and Conditions the standard Terms
and Conditions for Residential Service
will prevail.
|
| 7. |
By sending a message to the short
code 64364, you are requesting a reply.
We will endeavour to provide a reply
within 5 minutes of your request, but
the time to reply is dependent upon
the traffic on the mobile network and
whether your mobile phone is within
reach and switched on and cannot therefore
be guaranteed. Mobile network operators
cannot guarantee the delivery of SMS
text messages. Accordingly, we cannot
guarantee that you will receive a reply.
|
| 8. |
UK mobile networks will try to send
SMS/text messages for 24 hours. Please
note all messages should be received
within 5 minutes of sending.
|
| 9. |
You acknowledge that the SMS Services
may, at any time, be adversely affected
by problems with your mobile phone network,
including, without limitation, interference
to the network coverage. We are not
responsible or liable to you for any
loss, damage or expenses incurred directly
or indirectly by you as a result of
any difficulties experienced with your
mobile phone service provider. Subject
to the constraints described within
this paragraph 9, we will carry out
the Services with reasonable care and
skill. This does not affect your statutory
rights as a consumer.
|
| 10. |
If you do not receive BT messages
relating to these Services you can inform
us through our Customer Care line on
0800 800947.
|
| 11. |
The Customer Care line will provide
support to you.
|
| 12. |
The Fault Status Service is for residential
customers to enquire the status of a
reported fault on their landline. The
service will not provide information
for Broadband faults, other product
or service faults or Business telephone
lines.
|
| 13. |
The Payment Status Service provides
an indication of whether BT has received
payment against a telephone account.
For the avoidance of doubt, the service
does not indicate whether the account
is settled, i.e. there may be an amount
outstanding. It is your responsibility
to pay the bill in full. The Payment
Status Service is not available for
use with budget accounts, such as where
the account is paid by Direct Debit
or Credit Card Recurring Authority.
|
| 14. |
To use the Services, you should refer
to the instructions available on the
BT.com website. You agree to comply
with all instructions we may give concerning
the Services, including any security
instructions. We will be entitled to
treat any failure by yourselves to comply
with these instructions as a breach
of these Terms and Conditions, which
will entitle us to deny you access to
the Services.
|
| 15. |
You are responsible for paying charges
for the originating message. You will
be billed for the originating message
sent to short code 64364 according to
the normal tariff applied to outgoing
text messages by your Mobile service
provider.
|
| 16. |
BT makes no charge for the response
to an originating message sent to the
short code 64364.
|
| 17. |
You are responsible for taking all
reasonable steps to prevent unauthorised
persons gaining access to the Services.
|
| 18. |
During the trial period you consent
to be asked for feedback on the performance
of the Services. Such requests may take
the form of, but not be limited to,
telephone calls or questionnaires. You
acknowledge that such feedback is necessary
to enable us to evaluate the development
of the Services.
|
| 19. |
The results of the Trial will not
be made public and you will have no
right to any such results. Copyright
in any information or designs arising
as a result of the Trial shall belong
to BT.
|
| 20. |
We will not pass your mobile number
or SMS text compatible BT landline number
onto any third party.
|
| 21. |
By participating in this trial you
acknowledge that we are trialling the
Services and accordingly you accept
that failures of the Services may occur.
You agree to report any technical problems
with the Services through our Customer
Care line, details of whom we will provide
you with. We do not undertake to provide
the Services free of faults, and no
undertaking is given that the Services
will perform satisfactorily. We reserve
the right to modify, edit, delete, suspend
temporarily or permanently the Services
or the Site at any time. Where we suspend
the Services, we will restate them as
soon as we reasonably can after suspension.
|
| 22. |
We may temporarily suspend the use
of the Services if you use the Services
in a way that in our reasonable opinion
could materially affect the quality
of any telecommunications service, including
the Services, provided by us.
|
| 23. |
We will assess the success of the
trial through analysis of feedback received
from you and others using the Services.
In the event that we declare the trial
a success we may make the Services generally
available, and in the event that we
do any change in the nature of the service
will be made available on our website
at www.bt.com/sms.
|
| 24. |
We exclude all liability of any kind
(including negligence) in respect of
any third party information or other
material made available on, or which
can be accessed using SMS text services.
|
| 25. |
This Trial Terms and Conditions is
governed by the law of England and Wales
and both parties submit to the exclusive
jurisdiction of the English court.
|
