Please refer to our Terms and Conditions at www.premierchoicegroup.com/terms.
1.1. You must read this AUP carefully. It forms part of the Agreement between you and us and accordingly you are bound by its terms.
1.2. For convenience, where any words are capitalised in this AUP, they have the meanings set out in our Terms and Conditions.
1.3. You are responsible for the use of any Services we provide to you including use by any other person whether or not you authorised or were aware of that person using the Services. You will be liable for any breach of this AUP whether you knew or ought to have known about the breach, contributed to it, allowed it, enabled it to happen by omission or otherwise.
1.4. We may take any of the actions specified under clause 8 including terminating or suspending the Services if you do not comply with the terms of this AUP.
1.5. We may amend, modify or replace this AUP at any time by amending the relevant page on our website. You are responsible for checking the page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our website or communicated to you in any other way.
1.6. Following any amendment, modification or replacement of this AUP, your continued usage of our Services shall constitute acceptance of the changes.
1.7. The nature of this AUP means that we must exercise discretion and our own judgement. In doing so, we agree that we will act in good faith.
2. Use of the Services
2.1. You may use our Services only for lawful purposes. You may not use our Services:
2.1.1. in any way that breaches any applicable local, national or international law or regulation;
2.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purposes;
2.1.3. to view, store, download, receive or transmit in any way any material which is illegal;
2.1.4. to send, publish, post, distribute, circulate or make available in any way any material which is determined by us (acting in our sole discretion) to be threatening, harassing, abusive, harmful, malicious, offensive, obscene, indecent or defamatory;
2.1.5. in any manner which invades the privacy of any other person or causes distress, annoyance or inconvenience;
2.1.6. in any way which infringes or breaches any intellectual property rights. This includes the use, downloading, copying or otherwise making available in any way any material without the express consent of the owner;
2.1.7. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
2.1.8. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.1.9. to access any computer system without express authorisation or for any purpose which is prohibited or unauthorised; or
2.1.10. for any purpose which restricts or affects other users of our Services from accessing the Services including any use connected with a ‘denial of service’ attack or the sending or receiving of excessive volumes of email or attachments.
2.2. Any use of the Services as set out in clause 2.1 constitutes a breach of this AUP and we are entitled to take any of the actions listed in clause 8.
2.3. If you suspect or become aware of any of the activities contained in clause 2.1 then you must notify us immediately at email@example.com and ensure that you take any necessary actions to prevent continued or further use.
3. Our obligations
3.1. In order to comply with our legal obligations if we are required by law, a court of competent jurisdiction or any governmental or regulatory authority to disclose your confidential information then we are obliged to do so and we may do so without notifying you or seeking your consent to any such disclosure.
3.2. We are not responsible for any content online, whether connected to any of our customers or any other person.
4.1. This clause 4 will apply if we provide you with a mobile SIM card.
4.2. If any product we provide has a voice and data usage cap (as set out in the Order Form or communicated to you in any other way) then you are responsible for monitoring your usage. If your usage is in excess of the cap then you are liable to pay additional charges. The applicable charges are set out in our Tariff. Any mobile phone we provide to you must not be used with any of the following:
4.2.1. broadband devices including dongles and USB modems; or
4.2.2. mobile WiFi devices which use our Services to provide or enable any other WiFi enabled devices to access the internet.
5. Voice Recording
5.1. If any product we provide has an inclusive minutes per month bundle (as set out in the Order Form or communicated to you in any other way) then you are responsible for monitoring your usage. If your usage is in excess of the cap then you are liable to pay additional charges. The applicable charges are set out in our Tariff.
5.2. Where we provide voice recording, clause 5.2 to clause 5.4 (inclusive) shall apply where it is indicated on the Order Form that the respective storage retention period applies.
5.3. In relation to 30 days storage of recorded calls:
5.3.1. due to the quantity of storage voice recording requires, we operate a fair usage policy under this clause 5.2;
5.3.2. we will provide 600 minutes (100MB) of storage in respect of each consecutive 30 day period. Any usage in excess of the limit will be charged in accordance with our Tariff;
5.3.3. storage is cumulative for each site and is shared across all users;
5.3.4. you will receive an alert if you exceed your storage capacity;
5.3.5. you are responsible for your use of the storage including management of the 30 day retention period and downloading and storing calls onto your own systems;
5.3.6. you are liable for all calls you download; and
5.3.7. at the end of the 30 day storage period the data will be deleted.
5.4. In relation to 180 days storage of recorded calls:
5.4.1. we do not apply fair usage limits;
5.4.2. voice recording storage will be added to your site and charged in accordance with the Tariff or as set out in the Order Form;
5.4.3. we will provide a 180 day pay as you grow storage model;
5.4.4. storage is cumulative for each site and is shared across all users at each site;
5.4.5. you will be responsible for your use of the storage including management of the 180 day retention period and downloading and storing calls on your own systems;
5.4.6. you are liable for all calls you download; and
5.4.7. at the end of the 180 day storage period the data will be deleted.
5.5. In relation to 2560 day (7 year) storage of recorded calls:
5.5.1. we do not apply fair usage limits;
5.5.2. voice recording storage will be added to your site and charged in accordance with the Tariff or as set out in the Order Form;
5.5.3. you will be responsible for your use of the storage including management of the 2560 day (7 year) retention period and downloading and storing calls onto your own system; and
5.5.4. you are liable for all calls you download; and
5.5.5. at the end of the 2560 (7 year) storage period the data will be deleted.
6.1. You must ensure that at all times you take all reasonable precautions in order to ensure that your broadband connection is secure. These include, but are not limited to, installing and maintaining anti-virus software and malware scanners.
6.2. You will be responsible any web pages you host using our Services.
6.3. If any Broadband Services we provide have a data usage cap (as set out in the Order Form or communicated to you in any other way) then you are responsible for monitoring your usage. If your usage exceeds the data usage cap then we will charge and you must pay an additional charge. The applicable charges are set out in our Tariff.
7. Excessive usage of bandwidth
7.1. If your use of bandwidth is excessive then we may apply constraints (in addition or alternatively to taking any of the actions set out in clause 8) on your usage of the Services in order to prevent issues for other users. As a guide, we consider bandwidth usage to be excessive if an individual circuit or a circuit within a group exceeds 50GB.
8. Breach of this AUP
8.1. We will determine, in our discretion, whether there has been a breach of this AUP by you. When a breach of this policy has occurred, or we reasonably believe that a breach has occurred, we may take such action as we deem appropriate.
8.2. Failure to comply with this AUP constitutes a material breach of the Agreement between you and us upon which you are permitted to use our Services, and may result in all or any of the following actions:
8.2.1. issue of a warning to you;
8.2.2. suspension of the Services;
8.2.3. termination of the Agreement;
8.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach;
8.2.5. further legal action against you; or
8.2.6. disclosure of such information to law enforcement authorities in the UK or internationally as we reasonably feel is necessary.
8.3. We exclude liability for actions taken in response to breaches of this AUP. The actions set out in this clause 8 are not limited, and we may take any other action we reasonably deem appropriate.
8.4. We will give you notice of any breach of this AUP and request that you take action to remedy or stop the breach unless we are prohibited from doing so by law or if we anticipate that there will be a risk of loss or harm to us, our other customers or any other person.
8.5. Nothing in this AUP limits or excludes any of our rights set out in our Terms and Conditions.
9. Changes to this policy
Please refer to section 1.5. above. Our policy was last updated on 2 February 2018.