STANDARD TERMS AND CONDITIONS

THE LEGAL BIT

The important stuff for BE Unlimited, BE Value and BE Pro customers.

WHO IS BE?

Be Un Limited has been bought by British Sky Broadcasting Limited and has been renamed Sky Home Communications Limited.

Our resisted address is Sky Home Communications Ltd Registered No. 5262862 (England), Grant Way, Isleworth, Middlesex TW7 5QD Vat Registered No. 440 6274 67

Who is BE?

WHAT IS THE EFFECT OF THESE
TERMS AND CONDITIONS?

These terms and conditions and any applicable Be Charges (altogether the 'Terms') set out the legal relationship between you and Be and the basis on which Be will provide goods and services to you. 'Services' will include (as applicable) Be Unlimited, Be lite, Be Value or Be Pro broadband internet connection and access, Be Box modem and associated cables and filter(s) lease services, email account and web hosting services, IP address services, firewall services, maintenance and support services, and such other services as are agreed in your order or as Be may agree to provide you from time to time.

You agree to be bound by these Terms, either by ticking the box next to 'I accept the Terms and Conditions' on our website or by signing an order (when it is not possible for you to place or confirm an order online), upon delivery of the relevant Terms to you or by your use of the Services or by allowing others to use the Services.

While these Terms set out the express terms on which we agree to provide the Services, nothing in these Terms will affect your statutory rights unless expressly stated otherwise.

HOW DO YOU ORDER BE'S
SERVICES?

Easily. All of Be's Services are available by ordering online and you place an order with Be by following the online order process or either by calling member services and placing a telephone order (although after member services creates your online account you may still need to provide payment details and confirm your acceptance of these Terms online before your order is accepted) if you have not accepted these over the phone. Be's Services will only be supplied to an eligible address that matches the billing address for your chosen payment method and you must be at least 18 years old and a resident of the UK when you place your order with Be.

If you wish to migrate to Be's Services from another provider you should request a Migration Reference Code ("MAC code") and, provided that the MAC code is compatible with Be's Services (click here for details), you should enter your MAC code online when you place your order and the order will proceed as set out in these Terms without any significant disruption in your broadband service. If you are unable to obtain a MAC code from your current provider you will have to cancel your current service contract before you can order Be's Services and this will lead to an interruption in your broadband service until you can be connected to Be's Services. Please note that your current provider may charge cancellation fees or other charges in connection with the termination of your current service contract.

When ordering Be's Services, you must provide a valid email address and you are responsible for maintaining and regularly checking this email. You can update details of your email address in the online member centre. Be will use this email address to contact you for all purposes in connection with the Services.

Once we have received your order, we'll send you an email confirmation. Do bear in mind that by placing your order you are making an offer to enter into a contract with Be for the purchase of the relevant Service from Be under these Terms, the terms of your order, and any other terms specified by us. Be will acknowledge receipt of your order and contact you if we are able to accept your offer. Upon acceptance you enter into a contract with Be for the purchase of the particular Service.

Please read the following paragraph carefully as it contains a change to your statutory rights. You agree that if you order Services from Be online or otherwise at a distance then Be will immediately start work on the technical and operational elements required for provision of the Services upon the issuance of Be's order acceptance, which shall be prior to the end of any statutory cancellation period, and you acknowledge and agree that you will thereafter not have the right to cancel any Services under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise. At the time of acceptance we will provide you with further details of when we expect to be able to connect you to the Be network.

WHAT EQUIPMENT DOES BE
PROVIDE?

Be will provide you with a welcome pack, including a Be Box modem, adaptor, cables and filter(s) and a CD and booklet (the 'Equipment'). Be agrees to lease the Equipment to you for as long as you continue to receive the Services under these Terms. The Equipment remains the property of Be and you will need to take good care of the Equipment while it is leased to you.

Upon termination of your contract, the Equipment must be returned to: Returns Centre, Freepost RLZT-YYRG-LYCB, Zone A, Normanton, WF6 1TF. Any Equipment not returned to us will be subject to a fee of £35.74 (we'll assume you like it so much that you want to keep it, and we naturally need to be reimbursed for its replacement cost). The charge will be made to your Direct Debit bank account, or card. Please note that if you choose to keep any Equipment after we stop providing Services, it is supplied to you 'as is', without warranty and we are not able to support it online or through our member support hotlines.

If your Be Box modem is faulty, Be will repair or replace it, providing the fault is not caused by abuse or negligence while in your care. Replacement items of Equipment are available on payment of the applicable replacement items fee(s) details of which can be found on our home product page (click here for details). You will need to return any faulty or replaced items of Equipment to Be Un Limited at the address shown in the paragraph above within 28 days from the date the replacement router is delivered. Failure to return the router will result in a charge of £35.74. Do bear in mind that while leasing the Be Box, you are only permitted to use it for your own personal use to connect to the Be network, or a network approved by Be.

WILL YOU GET A STATIC
IP ADDRESS?

You will receive a dynamic IP address unless you're eligible and you choose to receive a static IP address. If you are eligible and you choose a static IP address, you should be aware that the IP address will be re-assigned to Be or to another Be member if your internet Service is disconnected or terminated for any reason. Charges may apply for static IP addresses.

HOW DO YOU GET CONNECTED?

Usually, with the minimum of fuss. Providing you have a serviceable BT phone line, connection takes place in the BT exchange and there should be no reason for a Be or BT engineer to visit your home. However, if a BT engineer does need to attend at your home for any reason, either prior to connection or during the contract period, then BT's own charges may apply. You agree to provide any reasonable cooperation and assistance that may be required to get you connected and agree to pay any connection fee referred to below.

Please be advised that when connecting your phone line to Be's Service, there may be a temporary loss of telephone services or other telecommunications services. Be will do everything possible to keep this disruption to a minimum but will not be responsible for any resulting damage, loss or costs caused, unless caused by our negligence.

We'll try to make sure that you get the fastest broadband internet connection possible, but the actual speed will depend on a number of factors including, but not limited to:

  • your line for example, the distance of your premises from the BT exchange (which is the most important factor);
  • the quality of your copper line and environmental line noise);
  • the number of users on Be's network in your exchange at the time that you are using the Services; and
  • any traffic management we may have in place from time to time. If we do have any traffic management in place, we'll put the details on our website.

so we cannot guarantee that your connection will reach any specific speeds.

You may transfer from any of our Be products to another at any time by requesting a transfer online from the member centre or in writing (by email or letter) whether before or after your Service has been activated. If you move to a package which has a connection fee then that connection fee will be payable at the time you move. The commencement date of the provision to you of the Services will be deemed to be the start of the new minimum term period of the package that you move to.

If after receiving or accepting your order Be cannot provide you with the Service, Be will notify you. Your contract will terminate and any Charges you have paid will be refunded to you as a credit to the payment card and any Direct Debit will be cancelled.

Please also be advised that Be has the right to terminate your contract without liability after receipt of your order or after confirmation of acceptance has been sent but before you have been connected (i) if you fail a credit check or pre-authorisation of payments due is not approved, (ii) if we're not able to provide Be's Services to your premises by the expected connection date for any reason or (iii) if you are not in a geographical area covered by Be. If Be ends your contract before connection (other than as a result of your own act or omission (including for the reasons set out in (i) in the preceding sentence)), any Charges you have paid will be refunded to you as a credit to the payment card.

In the unlikely event that we send you an email confirming a connection date, but do not actually connect your Service for more than one (1) month after this confirmed connection date (other than as a result of your own act or omission), you are entitled to end your contract with Be by sending a cancellation notice in writing. If you do so, any Charges you have paid will be refunded to you as a credit to the payment card.

If you wish to cancel for any other reason:

  • If you select a 3 month minimum term package and want to end your contract before you are connected you may do so, but you agree to pay Be all connection Charges incurred and you will need to choose whether to receive three (3) months of Services (and pay all Charges for the three (3) month period) or instead choose to pay the express cancellation administrative fee of £40.85 to terminate your contract
  • If you select a 12 month minimum term package and want to end your contract before you are connected you may do so, but you agree to pay Be all connection Charges incurred and you will need to choose whether to receive 12 months of Services (and pay all Charges for the 12 month minimum service contract period) or instead choose to pay for 12 months of Services without receiving the Services.

While you're connected to the Be network, you'll need to keep your current telephone line provider. If you change your telephone line provider you may not be able to continue receiving Be's Services, so please check with us before you cancel your phone line. If you change your telephone line provider and we can't provide the Services to you on your new line, then our usual termination provisions will apply (see 'What is the contract period and how does it end?').

If your current phone line is disconnected for any reason, we will need to charge you a reconnection fee of £25 (as we will be required to pay a fee for reconnecting you). If you change the details of the account for your nominated BT phone line and this leads to BT disconnecting your line then you will need to pay a reconnection charge to reactivate your Services. If your Be Service is suspended for failure to pay Be's Charges, we will need to charge you a reactivation fee of £10.21.

WHAT IS THE CONTRACT PERIOD
AND HOW DOES IT END?

It can be about as short as it gets. Our 3 and 12 month minimum term Be packages start on the date of our acceptance email, and your Service starts on the date that you have both received your welcome pack (including the Be Box modem) and you are connected to our Service in your local BT exchange.

As a 3 month minimum term member you can terminate your Be contract at any time without paying any cancellation fees after your initial three months, providing you pay all Charges for the number of month(s) of Service remaining for that first 3 month period. You can find details of these charges at https://help.bethere.co.uk/help/support/earlyterminationfees.

As a 12 Month member you can terminate your Be contract at any time during the first 12 months from your Service commencement date providing you pay pay us termination charges, to compensate for us ending your Service early. You can find details of these charges at https://help.bethere.co.uk/help/support/earlyterminationfees.

After the first three (3) or twelve (12) months (as applicable) from your Service commencement date, you can terminate your Be contract at any time without paying any cancellation fees, providing you give us one (1) month's termination notice. You may also choose to terminate your Be contract by paying an express cancellation fee of £40.85 (instead of providing one (1) month's notice), once the initial minimum service term has passed. Service will be terminated two (2) weeks after receipt of your express cancellation notice.

After the Cooling Off Period, you may terminate your contract if we increase the Charges or change the Terms to your significant disadvantage (other than where such increases in Charges or change to the Terms arise as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or the increase or change is as a result of a requirement by a government or competent regulatory body. For the avoidance of doubt this shall include any increase in VAT or the imposition of a similar or new tax on the Service or us), you may terminate by giving us 30 days' written notice within 30 days of us informing you of the changes. You must pay all Charges incurred during the 30 days notice period. However, if termination is effective within the Minimum Term, you will not be charged the monthly subscription charges up to the end of that Minimum Term. This clause does not apply where the increase or change relates solely to Additional Services.

We may terminate your contract or suspend all or part of the Services if:

  • you or others using your connection to the Service misuse our Service (see our 'Fair and acceptable usage policy');
  • you otherwise breach the Terms; or
  • you are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally or inappropriately towards our staff or our property or that of our agents.
  • you don't pay us, by the due date, any money you owe us;

If you have opted to use our optional email and webhosting services the termination period for those services is as set out separately in the terms and conditions for that service.

If you wish to cancel your Be service please call our dedicated cancellation team on 0808 1013425.

Either party may terminate your contract by giving thirty (30) days' written notice to the other if:

  • if there has been a material breach of these Terms by the other party (and this isn't corrected within thirty (30) days of a written notice notifying the breach)
  • if an event, outside its reasonable control, prevents us providing the Services for more than thirty (30) days
  • if the other is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction; or
  • by Be only, without cause, after any initial minimum term.

If Be is entitled to suspend your Service then all Charges for your Service will remain payable by you notwithstanding such suspension. If Be is entitled to terminate your Service (other than without cause), then Be will be entitled to charge you for the Charges which would have been payable to Be as if you had provided us with a termination notice on the date of such termination.

WHAT ARE BE'S PAYMENT TERMS
AND CHARGES?

Fairly straightforward. You have a responsibility to pay the fees that apply to the Services you're receiving from Be (the 'Charges'). These Charges are payable from the day that BT confirms that connection is complete and the Be Box modem has been delivered to your door. Recurring Charges will be collected in advance, while one-off fees will be collected in arrears. Our billing dates usually fall on the first weekday occurring at the beginning of each calendar month.

Our Charges include the following fees:

  • Be monthly subscription fee - Recurring Charge, paid monthly in advance, for the provision of your monthly broadband Services. The first payment will be pro-rated from the time of connection to the end of the month but the first two days of service after the date notified to you for provisioning of the Services are free of charge (and you will be refunded pro rata should the actual activation of your Services occur after that period)
  • Be connection fee - One-off Charge, paid at the time of activating your account
  • Be Box modem fee - Paid if the Be Box modem, cables and filter(s) are not returned to Be upon termination of Services
  • Be Box replacement items fee - Paid if Be needs to replace the Be Box modem, adaptor, filter, cables, CD or booklet or other items of equipment
  • Be cancellation fee - Paid if costs have already been incurred by Be to process your order and subsequent cancellation if you cancel your order before the Services connection date, on top of any actual costs of providing the Services (please note that this is a change to your statutory rights ? see 'How do you order Be's services')
  • Be express cancellation fee - An administrative fee paid if you wish to terminate your account, without providing the standard required one month's notice or payment for the remainder of your first year of service (as applicable - see 'What is the contract period and how does it end')
  • Be reconnection fee - Paid if your current phone provider has disconnected your line
  • Be reactivation fee - Paid if your account has been suspended because of failure to pay Be for Services.

More details of our products and services and full details of our prices can be seen by visiting www.bethere.co.uk/homebroadband.do

Be does not charge you for any Services provided by our member support team and calls are free of charge from a BT landline (although call charges may vary from other networks).

Additional information and full details of our prices can be found on our home product page (click here for details). If there is a conflict relating to pricing between these Terms and the product pages then the information on the product pages will take precedence; otherwise in the case of any other conflict these Terms will govern.

Be accepts payment by Direct Debit, or a Be approved debit or credit card which you must register with Be during the online order process. If your account or card details change you must notify Be immediately to ensure continuity of your Services. It is possible to change the Direct Debit, debit or credit card details you have provided online in our online member centre. You can move between payment methods up to three times a year. Please note that Be will apply for pre-authorisation of the Charges before the due date of any payment (for example, on the date you place your order in respect of initial Charges and two (2) days before any other payment is due) and your card provider may reserve that amount from the balance in your account on the date the pre-authorisation is made. Actual payments are generally deducted from your account approximately three (3) working days prior to the activation date notified to you (for the first payment only) and otherwise on the working day closest to the first day of the month. If the activation date notified to you falls on or after the 20th day of the month then your first payment will also include Charges for the entire next month of Service.

If you choose to pay by Direct Debit, you must pay from your own account and will be asked to provide your Direct Debit details (bank account number, sort code, name of bank, name of account holder). You authorise your bank to disclose to us, and under strict obligations of confidentiality, to our subcontractors and agents, details about your bank account in so far as is necessary in connection with your agreement with us and to inform us if your Direct Debit Authority is terminated at any time. If a Direct Debit payment fails, we may contact you to arrange payment of the Charges by another means (eg credit card or debit card) and you may be liable to pay interest under this Agreement. If we cannot contact you after a failed Direct Debit payment, we may suspend or terminate the Services and this Agreement without further notice.

All invoices will be issued and held on the Be website in the member centre. You will need your member ID and password in order to access the member centre. Be will email you to notify you when a new invoice has been issued and you are responsible for viewing and taking copies of these invoices.

You must pay Be all sums due to Be in full and you cannot deduct or withhold any part of the sums you owe us, except as permitted by law.

Interest may be charged by Be if you do not pay us in full by the due date. Be may charge you interest on any overdue payments from the date you should have paid until Be receives full payment of the amount you owe including full interest (whether before or after judgement) at the rate of 2.5 percent per annum above the base rate of HSBC plc from time to time.

Please be advised that in the event of Be not receiving full payment for Services provided, Be have the right to suspend or terminate your Services and take any steps necessary to recover the amount due (including any costs incurred collecting the funds owed).

All prices shown on our home product pages are inclusive of VAT but our invoices show VAT payable as a separate item on each invoice. In any event you are liable to pay VAT on all Services provided at the prevailing rate.

WHAT HAPPENS IF THERE ARE
SERVICE INTERRUPTIONS?

Be will take reasonable measures to rectify any interruptions in the Services that we provide. However, Be cannot be held responsible for disruptions caused as a result of war, strikes, natural disasters or other 'acts of God' and shall not be liable for any delay or failure in the performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control.

Be may need to make changes to its network or the technical specification of a Service or may need to suspend provision of the Services for operational or technical reasons. Be will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your Services. Obviously we'll do everything which is reasonably in our power to minimise the effect of these disruptions on you.

As you know, it is technically impossible for Be to provide a fault-free Service at all times. But, we're committed to providing you with a Service that has as few disruptions as possible. In the unlikely event that you experience a total loss of Service caused by us for more than five (5) consecutive days, you'll be compensated for each day's disruption (including the first five (5) days) by a credit towards your monthly service fee equivalent to the amount you would have paid for Service on those days. In order to receive this credit, you will need to notify us as soon as the Service failure occurs and request the appropriate credit by contacting member services when your Service is restored. The credit will be applied to the next monthly payment you owe us.

If Be reasonably believes that you are using the Services in breach of your obligations (see "What are your obligations?"), including use of the Service in breach of the 'Fair and acceptable usage policy', we may without liability or further notice suspend Services or in certain circumstances terminate your contract (see above).

What happens if you move home? 

Hopefully, nothing drastic. If your new home is in an area that's covered by Be's broadband service, the Services will simply be moved to your new home, but a connection fee may need to be paid. This is because we will need to get BT to physically connect your new home to our network in your new exchange (and we are charged for this).

We will move the Services to another address for free once in any 12 month period since either your connection or your last move, whichever is more recent. Additional moves will incur a charge of £25 per move.

If Be is unable to provide Services to your new premises, then our standard cancellation terms of the contract will apply.

What are your obligations?

You agree that you will comply fully with your obligations under these Terms, and at all times:

  • comply with the terms set out in Be's 'Fair and acceptable usage policy' (as published on Be's website from time to time) and ensure that any others using Be's Services via your account comply with the 'Fair and acceptable usage policy' too
  • keep your security information safe and tell Be immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account
  • provide accurate information to Be (especially during the ordering process) and ensure that this information is always kept up to date and accurate
  • ensure that your equipment and software complies with all applicable laws and standards and that you have any necessary licenses before you use it to connect to the Be network and ensure that your equipment and software is compatible with our Equipment
  • only you control the content you upload or download using the Be network. We have no responsibility for any such content
  • comply with these Terms (and if you opt to use our optional email and webhosting services, with the additional terms and conditions which apply in addition to these Terms (see link)) and any reasonable instructions Be gives you. Use of our optional email and webhosting services means that you will be required to use our standard network settings (which includes a block on Port 25 while assigned to our SMTP server). This can only be removed if you you are eligible and you choose to receive our static IP option which enables you to use an alternative server.
  • indemnify Be against all losses, liabilities, costs (including legal costs) and expenses which Be may incur as a result of any third party claims against Be arising from, or in connection with your misuse of the Services or breach of these Terms
  • you agree not to use the Services for any commercial or business use, except as set out in the 'Fair and acceptable usage policy'
  • the 'Code of practice' on the Be website at www.bethere.co.uk/codepracticehome.do relating to complaints and the resolution of disputes applies to you
  • all amounts due to Be shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against Be in order to justify withholding payment of any such amount in whole or in part

From time to time, Be may (without notice to you) review, record or check your use of Be's Services where Be is required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with these Terms and the 'Fair and acceptable usage policy'.

What are the limitations of Be's responsibility?

Nothing in these Terms shall restrict or exclude either party's liability for fraud or for death or personal injury caused by it or its employees' or agents' negligence.

Except as expressly set out in these Terms, Be are not liable to pay damages for use of the Services or any losses caused by delays or interruptions. Be are not liable to pay damages if anyone else, other than a paying member, gains access to that member's connection to the Be Service, that member's computer and other related equipment or gains access to, destroys or distorts any data or information held by Be.

Be is not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to these goods or services is through Be's network.

Except as set out in this section and the section called 'What are your obligations?' and except for the requirements for you to pay all Charges owing to us under this contract, neither party's total liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall exceed 100% of the Charges due in that calendar year.

We have no liability other than the duty to exercise the reasonable skill and care of a competent broadband service provider. We do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into) or any other form of economic loss.

You shall at all times be under a duty to mitigate any losses suffered by you.

Each provision of this section is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.

How do we use your Data?

We or our agents may record or monitor some telephone calls, emails and any other communications between you and us (or our agents) for training and quality control and our lawful business purposes.

You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks with fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. If you give us false or inaccurate information and we identify or suspect fraud, we will record this. Details of how you conduct your account may also be disclosed to those agencies, law enforcement agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit-related services or other facilities and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, checking details of job applicants and employees, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us.

Information held about you by credit reference agencies may be linked to records relating to your financial associate(s). For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any 'associated' records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer the Services to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this paragraph a 'financial associate' is someone with whom you have a financial link, for example, a spouse, partner or family member.

You authorise us to use and disclose, in the UK and abroad, information about you and your use of the Services including, but not limited to, how you conduct your account for the purposes of operating your account and providing you with the Services, for credit control purposes, for fraud and crime detection and prevention and the investigation and prevention of civil offences or as required for reasons of national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us. You can obtain further details from Be's Privacy Policy and from our public registration held by the Information Commissioner. If you wish to have details of the fraud prevention agencies from whom we obtain and with whom we record information about you or receive a copy (we will charge a fee) of the information we hold about you, please contact us by writing to the Data Controller at Be House, 62 Lancaster Mews, London W2 3QG.

You also agree to information about you and your use of the Services including, but not limited to, how you conduct your account being used, analysed and assessed by us and the other parties identified above and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, your mobile phone, email, text (SMS), media messaging, automated dialling equipment or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please write to us c/o The Data Controller, Be House, 62 Lancaster Mews, London W2 3QG.

From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with the Terms

Is there anything else?

Should you wish to complain about anything, Be has a 'Code of practice' which details our complaints and dispute resolution procedure (see www.bethere.co.uk/codepracticehome.do ).

Be may assign your contract or any Service Be provides to you to a third party, provided Be gives you notice and obtains your consent (not to be unreasonably withheld, conditioned or delayed) if the assignment may have a negative effect on the Services Be provides to you. You may not assign this contract or the benefit of any Service Be provides to you.

Any failure or delay by Be in exercising or enforcing any rights or benefits granted by these Terms won't be deemed to be a waiver of any such right or benefit nor will it prevent Be from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.

If a court arbitrator or any government agency stipulates that any part of these Terms is unenforceable, the remaining Terms will still be valid and enforceable.

These Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

The Terms shall be governed and construed in accordance with English law and, (subject to the dispute resolution provisions set out in Be's 'Code of practice'), you and Be submit to the non-exclusive jurisdiction of the English courts.

The Terms set out the entire agreement between you and Be relating to the provision of the Services to you including all intended rights and obligations and supersede any and all previous agreements and understandings between you and Be with respect to such provision.

How will we contact each other?

You may contact Be by sending a message through the contact us part of the website, by sending an email, by calling our sales and member services hotlines and any important communications (including any notices or other communications required under these Terms) should additionally be sent by post to the address shown on the contact us contact us page.

Be will contact you at the email address that you provide (as set out in the 'How do you order Be's Services?' section) or which you subsequently update in the member centre.

Will any of this change?

We may change the Terms, including the Charges, at any time. If we increase the Charges for elements of the Services you are using or change the Terms to your significant disadvantage, we will give you 30 days' notice in writing before the change takes place. For changes that we need to make to meet legal and regulatory requirements we may not be able to give you 30 days' notice, in which case we will notify you as soon as we can. Changes will be posted on www.beunlimited.co.uk or we may give you notice in writing, by text (SMS) to your nominated mobile phone number and/or by email where you have supplied your email address to us for this purpose.

© 2012 Be Un Limited

February 2012