Applicable to:

1.0 Scope

CERT Property Ltd and its associated companies provide a managed voice-over-IP and broadband service to some of its serviced office customers and some leased office customers in partnership with selected partner companies who manage these services on our behalf wholly, or partially alongside us.

As we administer these managed services, we are classed as a “Tier 4” provider and therefore have a legal duty to ensure our networks are used by our customer in a lawful way whilst also ensuring all network services, including VOIP, are operating efficiently for all of our customers.

2.0 Provider Tier Hierarchy 

Tier

Provider

Tier 1

BT Openreach

Tier 2

Telappliant, Baltic Broadband or IT Answers

Tier 3

Technologywithin or Baltic Broadband

3.0 Important Information about Telecoms and Broadband Services at your Business Centre 

We offer 2 broadband options from our high speed leased line:

The shared option is suitable for you if you want only to use email and the internet and do not need to send or receive large amounts of data, and you don’t require an external site-to-site (VPN) link. We provide the symmetrical leased line and you share an allocated proportion of the connection with other shared users in your centre.

Key Information for Shared or Contended Bandwidth

• The shared option provides customers with an internet connection that will allow web surfing and the ability to download POP3 or IMAP email from their internet service provider (ISP)

• There is one level of shared access available which is 100mbps

• The shared service is a symmetrical leased line connection that is only shared with other customers with your business centre.

• The customers ability to run their own VOIP based internet telephony service when using the shared option is not supported.

• The shared service does not include a public and or fixed IP address. This can be purchased if required.

• The service is provided via a secure VLAN where other customers or users of the shared option can not access your systems or devices.

• VPN connections are not supported on the shared service.

Key Information for Dedicated or Uncontended Bandwidth

The dedicated option is ideal for businesses with a large use or require rapid, consistent connection speed. You can rely on dedicated bandwidth and speed as this is your alone and not affected by others usage. This solution is also suitable for E-Commerce businesses and those needing higher levels of data transfer. This option is recommended for those requiring a site-to-site VPN link.

Key Information:

• Customers can choose a variety of dedicated bandwidth products from 5mb and upwards in 5mb increments.

• The dedicated service provides guaranteed bandwidth and uncontended symmetrical connection.

• This service includes a single public IP address.

• This service allows customers to run server based solutions that require inbound connectivity (e.g. FTP service, web or mail server)

• This dedicated service allows customers to run a VPN connection for site-to-site connectivity.

• Customers must provide their own router and firewall equipment to manage their LAN and VPN connection when using this option.

4.0 Indemnities and Warranties 

Whilst the Operator will follow best practice and take reasonable care in respect of the network it does not make any representations or warranties whatever as to the security of its network or of any information or files which the Client places on it. The Client should adopt whatever security measures it believes appropriate (such as encryption) in respect of all emails or other electronic files sent by it through the network.

The Operator is not responsible for the failure of any Client or its employees or agents to comply with these regulations, nor is it liable for any loss, damages or claims by the Client arising as a result of any other Client’s breach of these regulations. In the event of a breach of these regulations by a Client, that Client shall indemnify the Operator and keep it indemnified with regard to any claim for loss of business, profits, damage to data, consequential loss or losses by any third party which may be made against the Operator in respect of such breach

5.0 Conditions of Use for Broadband Services

These conditions of use form part of the Service Agreement. CERT Property and its subsidiary companies are considered a DSP (Downstream Service Provider), which means that CERT Property and its subsidiary companies provide a personalized connection to the internet which is protected by a firewall.

Content

Customers understand that CERT Property Ltd do not monitor the content of customers' internet communications, which includes but is not limited to: Internet Access, Telephones, Fax and Data Lines.

Customers further understand that CERT Property Ltd is purely providing a channel for customers IT and telecoms, similar to a telephone or internet service provider, and CERT Property Ltd  accepts no liability for the content of transmissions and communications by its customers.

Internet Connectivity and Networked Systems

The Client agrees to install and maintain on all computers under its control (for the purposes of business use only);

• Effective and up to date firewall protection, in respect of internet access and email, from a leading provider,

• Effective and up to date anti-virus software from a leading anti-virus software provider.

• The Client (including employees or agents thereof) may not at any time use the network provided by the Operator to access, contribute to support or maintain any website the content of which is illegal, terrorist, racist, or sexually explicit.

  1. 1. Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

     2. Harm minors in any way; 

     3. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

     4. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations which may be made from time to time by the Operator;

     5. Intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange; or

     6. "Stalk" or otherwise harass another person.

• The Client (including any employees or agents thereof) may not at any time use the network provided by the operator to download, upload or distribute content via the “BitTorrent” network or any other Person to Person Networks, namely that content which breaches copyright in any form, or if such activities consume large amounts of bandwidth.

• The client will operate large (business-related) downloads or uploads overnight where possible.

• The Operator will be entitled to take technical measures (including traffic management or port-blocking) to protect its IT infrastructure where the operator has reasonable evidence to conclude that the client is abusing or endangering the IT infrastructure in any way.

6.0 Conditions of use for Managed VOIP Telephony Products

This document defines Acceptable Use Policy for UK voice traffic which means all those calls that transit the Operators network destined to or originating from the UK.

The Operator reserves the rights that are an essential requirement for its operations to limit or prevent the traffic that is suspected of breaching these guidelines, or impose a risk to the operator’s network. As an example, these policies allow users to login to the operators customer portals only, in order to apply changes to their service or account, order equipment and provide web based customer services such as live chat applications, unless an express written permission has been given to the customer from The Operator.

This policy should be read in conjunction with The Operators full service terms and conditions.

A nuisance call is defined as one that is either unwanted, or “silent or abandoned”. Nuisance calls encompass any type of unwanted, unsolicited, telephone call.

The Customer must comply with the provisions of the Communications Act 2003 (and any subsequent amplifying or amending legislation), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (and any subsequent amplifying or amending legislation, and any other relevant legislation.

The Operator allows you to pass on a Caller Line Identity (CLI) number which we pass out onto the UK and international PSTN telephone networks.

Valid Caller ID must be presented by the customer on all calls. Moreover, the number presented must have been directly allocated to the customer, or express permission has been granted to the customer from the person or entity that has been allocated to the number.

Call centre dialler traffic is strictly prohibited on the Operators network without the express permission of Operator. The Operator reserves the right to suspend their service without any warning in case if the customer tries to send traffic of this nature without prior agreement.

The following additional terms and conditions will apply in case where permission has been granted for the customer to send dialler traffic:

• Valid UK CLI must be presented, with the number not being one that generates an excessive call charge.

• Before the call has been terminated, any call must ring for a minimum of 15 seconds.

• The abandoned call rate must be no more than 3% of live calls over a 24-hour period, including a reasonable estimate of false positives where

• Answering Machine Detection (AMD) is used.

• A short recording must be played, in the case when the customer abandons the call, however, no later than two seconds after the call has been answered in which the company that is responsible for the call is identified, and offers the called person the option of opting out of further calls by contacting an 0800, 01, 02, or 03 number only.

• Any repeat calls to a number that has received an abandoned call within the previous 72 hours must only be made with a guaranteed live operator.

• The customers with an ASR below 40% will be considered as suspect, and indicative of a possible breach of The Operator regulatory standards.