STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS
AND PROVISION OF SERVICES
1. DEFINITIONS AND INTERPRETATION
The following definitions and rules of interpretation apply in this
Business Day: a day other than a Saturday, Sunday or public holiday in
England, when banks in London are open for business.
Cancellation Period: means the period of fourteen Business Days from the
Commencement Date: has the meaning given in clause 2.2.
Conditions: these terms and conditions as amended from time to time.
Contract: the contract between the Supplier and the Customer for the supply
of Goods and Services in accordance with these Conditions.
Customer: the person or firm who purchases the Services from the Supplier.
Data Controller: has the meaning set out in section 6 of the Data
Protection Act 2018.
: an individual who is the subject of Personal Data.
Downgrade: means a movement of subscription resulting in lower associated
monthly costs, be it due to the Customer receiving decreased internet
bandwidth, less upload or download capacity or by any other means.
Force Majeure Event: has the meaning given to it in clause 16.
Goods: the goods (or any part of them) set out in the Order.
Intellectual Property Rights: patents, utility models, rights to
inventions, copyright and neighbouring and related rights, moral rights,
trademarks and service marks, business names and domain names, rights in
get-up and trade dress, goodwill and the right to sue for passing off or
unfair competition, rights in designs, rights in computer software,
database rights, rights to use, and protect the confidentiality of,
confidential information (including know-how and trade secrets), and all
other intellectual property rights, in each case whether registered or
unregistered and including all applications and rights to apply for and be
granted, renewals or extensions of, and rights to claim priority from, such
rights and all similar or equivalent rights or forms of protection which
subsist or will subsist now or in the future in any part of the world.
Order: the Customer's order for the supply of Services.
Personal Data: has the meaning set out in section 3(2) of
the Data Protection Act 2018 and relates only to personal data, or any part
of such personal data, in respect of which the Customer is the Data
Controller and in relation to which the Supplier is providing services
under the Contract.
and Process: have the meaning set out in section 3(4) of
the Data Protection Act 2018.
Prohibited Purpose: use of the Goods or the Services that are prohibited by
the Supplier in respect of any illegal, offensive or other similar reason
or in respect of any breach or alleged breach of Intellectual Property
Rights of a third party transmitted via the Services.
Services: the services, including subscribing for broadband internet access
up to and including the amount of data you may download or upload as
specified in your Order to, supplied by the Supplier to the Customer.
Subscription Fees: means the monthly fees payable by the Customer to the
Supplier for the supply of Services
Supplier: Bentley Walker Limited registered in England and Wales with
company number 00403127 and having its registered office at 116 Elm Grove,
Hayling Island, Hampshire, PO11 9EW.
Upgrade: means a movement of subscription resulting in higher associated
monthly costs, be it due to the Customer receiving increased internet
bandwidth, greater upload or download capacity or by any other means.
(a) A person includes a natural person, corporate or
unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its successors and permitted
(c) A reference to a statute or statutory provision is a reference to
it as amended or re-enacted. A reference to a statute or statutory
provision includes all subordinate legislation made under that statute
or statutory provision.
(d) Any words following the terms including,include, in particular, for example or any similar expression shall be
construed as illustrative and shall not limit the sense of the words,
description, definition, phrase or term preceding those terms.
(e) A reference to writing or written
includes fax but not email.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase Services
in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier
issues written acceptance of the Order at which point and on which date
the Contract shall come into existence ( Commencement Date).
2.3 Any samples, drawings, descriptive matter or advertising issued by
the Supplier or illustrations or descriptions of the Services contained
in the Supplier's catalogues or brochures are issued or published for
the sole purpose of giving an approximate idea of the Services
described in them. They shall not form part of the Contract or have any
2.4 These Conditions apply to the Contract to the exclusion of any
other terms that the Customer seeks to impose or incorporate, or which
are implied by trade, custom, practice or course of dealing.
2.5 Any quotation given by the Supplier shall not constitute an offer,
and is only valid for a period of 20 Business Days from its date of
3. SUPPLY OF GOODS
3.1 The Goods are described on the Supplier's website,www.Bentley-Walker.com .
3.2 The Customer shall indemnify the Supplier against all liabilities,
costs, expenses, damages and losses (including any direct, indirect or
consequential losses, loss of profit, loss of reputation and all interest,
penalties and legal costs (calculated on a full indemnity basis) and all
other reasonable professional costs and expenses) suffered or incurred by
the Supplier arising out of or in connection with any claim made against
the Supplier for actual or alleged infringement of a third party's
intellectual property rights arising out of or in connection with the
Supplier's use of the Goods. This clause shall survive termination of the
3.3 The Supplier reserves the right to amend the Goods or the Order if
required by any applicable statutory or regulatory requirement, and the
Supplier shall notify the Customer in any such event.
4. DELIVERY OF GOODS
4.1 The Supplier shall ensure that:
a) the delivery of the Goods is accompanied by a delivery note which refers
to the Customer’s purchase order of the Goods; and
b) it states clearly on the delivery note any requirement for the Customer
to return any packaging material to the Supplier. The Customer shall make
any such packaging materials available for collection at such times as the
Supplier shall reasonably request. Returns of packaging materials shall be
at the Customer's expense.
4.2 The Supplier shall deliver the Goods to the location set out in the
Order or such other location as the parties may agree in writing at any
time after the Supplier notifies the Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the completion of the
loading of the Goods by the Supplier (or a party nominated by the
4.4 Any dates quoted for delivery of the Goods are approximate only, and
the time of delivery is not of the essence. The Supplier shall not be
liable for any delay in delivery of the Goods that is caused by a Force
Majeure Event or the Customer's failure to provide the Supplier with
adequate delivery instructions or any other instructions that are relevant
to the supply of the Goods.
4.5 If the Supplier fails to deliver the Goods, its liability shall be
limited to the costs and expenses incurred by the Customer in obtaining
replacement goods of similar description and quality in the cheapest market
available, less the price of the Goods.
4.6 The Supplier shall have no liability for any failure to deliver the
Goods to the extent that such failure is caused by a Force Majeure Event or
the Customer's failure to provide the Supplier with adequate delivery
instructions for the Goods or any relevant instruction related to the
supply of the Goods.
4.7 If the Customer fails to take delivery of the Goods within three
Business Days of the Supplier notifying the Customer that the Goods are
ready, then except where such failure or delay is caused by a Force Majeure
Event or by the Supplier's failure to comply with its obligations under the
Contract in respect of the Goods:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am
on the third Business Day following the day on which the Supplier notified
the Customer that the Goods were ready; and
(b) the Supplier shall store the Goods until delivery takes place, and
charge the Customer for all related costs and expenses (including
4.8 If ten Business Days after the Supplier notified the Customer that the
Goods were ready for delivery the Customer has not taken delivery of them,
the Supplier may resell or otherwise dispose of part or all of the Goods
and, after deducting reasonable storage and selling costs, account to the
Customer for any excess over the price of the Goods or charge the Customer
for any shortfall below the price of the Goods.
4.9 The Supplier may deliver the Goods by instalments, which shall be
invoiced and paid for separately. Each instalment shall constitute a
separate contract. Any delay in delivery or defect in an instalment shall
not entitle the Customer to cancel any other instalment.
5. QUALITY OF GOODS
5.1 The Supplier warrants that on delivery, and for a period of 12 months
from the date of delivery (warranty period), the Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act
5.2 Subject to clause
5.3, the Supplier shall, at its option, repair or replace the defective
Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period
within a reasonable time of discovery that some or all of the Goods do
not comply with the warranty set out in clause 5.1;
(b) the Supplier is given a reasonable opportunity of examining such
(c) the Customer (if asked to do so by the Supplier) returns such Goods
to the Supplier's place of business at the Customer's cost.
5.3 The Supplier shall not be liable for the Goods' failure to comply
with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a
notice in accordance with clause
(b) the defect arises because the Customer failed to follow the
Supplier's oral or written instructions as to the storage,
installation, commissioning, use or maintenance of the Goods or (if
there are none) good trade practice;
(c) the defect arises as a result of the Supplier following any drawing
or design supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written
consent of the Supplier;
(e) the defect arises as a result of fair wear and tear, wilful damage,
negligence, or abnormal working conditions; or
(f) the Goods differ from their description as a result of changes made
to ensure they comply with applicable statutory or regulatory
5.4 Except as provided in this clause the Supplier shall have no
liability to the Customer in respect of the Goods' failure to comply
with the warranty set out in clause
5.5 The terms of these Conditions shall apply to any repaired or
replacement Goods supplied by the Supplier.
6. TITLE AND RISK
6.1 The risk in the Goods shall pass to the Customer three years after
the Commencement Date.
6.2 Title to the Goods shall not pass to the Customer until
the date three years after the Commencement Date, on the basis that the
Supplier has received payment in full (in cash or cleared funds) for the
Goods and any other goods that the Supplier has supplied to the Customer in
respect of which payment has become due.
6.3 Until title to the Goods has passed to the Customer, the Customer
(a) store the Goods separately from all other goods held by the
Customer so that they remain readily identifiable as the Supplier's
(b) not remove, deface or obscure any identifying mark or packaging on
or relating to the Goods;
(c) maintain the Goods in satisfactory condition and keep them insured
against all risks for their full price on the Supplier's behalf from
the date of delivery;
(d) give the Supplier such information relating to the Goods as the
Supplier may require from time to time.
7. SUPPLY OF SERVICES
7.1 The Supplier shall supply the Services to the Customer.
7.2 The Supplier shall use all reasonable endeavours to meet any
performance dates for the Services, but any such dates shall be
estimates only and time shall not be of the essence for the performance
of the Services.
7.3 The Supplier warrants to the Customer that the Services will be
provided using reasonable care and skill.
7.4 You acknowledge and accept the terms of the Supplier’s Fair Access
Policy, found at Annex 1, and agree not to use the Services for a
8. CUSTOMER'S OBLIGATIONS
8.1 The Customer shall:
(a) co-operate with the Supplier in all matters relating to the
(b) provide the Supplier with such information and materials as the
Supplier may reasonably require in order to supply the Services, and
ensure that such information is complete and accurate in all material
(c) obtain and maintain all necessary licences, permissions and
consents which may be required for the Services before the date on
which the Services are to start
8.2 If the Supplier's performance of any of its obligations under the
Contract is prevented or delayed by any act or omission by the Customer
or failure by the Customer to perform any relevant obligation (Customer
(a) without limiting or affecting any other right or remedy available
to it, the Supplier shall have the right to suspend performance of the
Services until the Customer remedies the Customer Default, and to rely
on the Customer Default to relieve it from the performance of any of
its obligations in each case to the extent the Customer Default
prevents or delays the Supplier's performance of any of its
(b) the Supplier shall not be liable for any costs or losses sustained
or incurred by the Customer arising directly or indirectly from the
Supplier's failure or delay to perform any of its obligations as set
out in this clause; and
(c) the Customer shall reimburse the Supplier on written demand for any
costs or losses sustained or incurred by the Supplier arising directly
or indirectly from the Customer Default.
9. CHANGES TO SERVICES
9.1 If the Customer chooses to Downgrade its subscription package it may do
so by giving to the Supplier notice in writing on or before the 15th day of
each month, specifying the package the Customer requires. A Downgrade will
be applied to the Customer’s subscription package on the first day of the
following month and the Customer is subject to an administration fee of
£25.00 plus VAT.
9.2 If the Customer chooses to Upgrade its subscription package it may do
so by giving to the Supplier notice in writing on or before the 15th day of
each month, specifying the package the Customer requires. An Upgrade will
be applied to the Customer’s subscription package on the first day of the
9.3 For the avoidance of doubt, the Supplier makes no warranty that an
Upgrade or Downgrade will result in the Service being error-free,
uninterrupted or remain at a bandwidth consistent with the Customer’s
subscription package at all times.
10. CHARGES AND PAYMENT
10.1 The Customer shall pay the price of the Goods (less any discount
or credit allowed by the Supplier, but without any other deduction,
credit or set off) within 20 Business Days of the date of the
Supplier’s invoice or otherwise in accordance with such credit terms as
may have been agreed in writing between the Customer and the Supplier
in respect of the Contract. Payment shall be made on the due date
notwithstanding that delivery or provision may not have taken place
and/or that the property in the Goods has not passed to the Customer.
10.2 In order for the Goods to be delivered to such location as given by
the Customer to the Supplier, the Supplier reserves the right to charge the
Customer by way of service fee an additional £20.00 plus VAT.
10.3 The Subscription Fees shall be as listed in the Order or by such other
method as the Supplier and Customer agree upon in writing.
10.4 The Supplier reserves the right to increase the Subscription Fees from
time to time with effect from the due date for payment closest to three
months after the date on which the Supplier has provided the Customer with
notification of the sum of the increase in Subscription Fees and an
explanation of the valid reasons for the increase in Subscription Fees.
10.5 The Customer hereby authorises the Supplier, and the Supplier’s
payment processor, to charge the applicable recurring Subscription Fees to
the Customer’s designated billing payment method.
10.6 On the Commencement Date, the Customer will be charged immediately for
the initial period of the subscription at the then-current fee set out in
the Order, followed by recurring periodic charges as specified in the
10.7 By choosing a recurring payment plan, the Customer acknowledges that
such Services have a recurring payment feature and the Customer accepts
responsibility for all recurring charges prior to cancellation.
10.8 For the avoidance of doubt, time for payment shall be of the essence
of the Contract.
10.9 All amounts payable by the Customer under the Contract are
exclusive of amounts in respect of value added tax chargeable from time
to time (VAT). Where any taxable supply for VAT purposes is made under
the Contract by the Supplier to the Customer, the Customer shall, on
receipt of a valid VAT invoice from the Supplier, pay to the Supplier
such additional amounts in respect of VAT as are chargeable on the
supply of the Services at the same time as payment is due for the
supply of the Services.
10.10 If the Customer fails to make a payment due to the Supplier under
the Contract by the due date, then, without limiting the Supplier's
remedies under clause
14 (Termination), the Supplier shall suspend the Services to the Customer
and the Customer shall pay interest on the overdue sum from the due date
until payment of the overdue sum, whether before or after judgment.
Interest under this clause will accrue each day at 5% a year above the Bank
of England's base rate from time to time, but at 5% a year for any period
when that base rate is below 0%. In the event that the Supplier lifts the
suspension of the Services, an administration fee of £25.00 plus VAT shall
be payable to the Supplier.
10.11 All amounts due under the Contract shall be paid in full without
any set-off, counterclaim, deduction or withholding (other than any
deduction or withholding of tax as required by law).
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All Intellectual Property Rights in or arising out of or in
connection with the Services (other than Intellectual Property Rights
in any materials provided by the Customer) shall be owned by the
12. DATA PROTECTION AND DATA PROCESSING
12.1 The Customer and the Supplier acknowledge that for the purposes of the
Data Protection Act 2018, the Customer is the Data Controller and the
Supplier is the data processor in respect of any Personal Data.
12.2 The Supplier shall process the Personal Data only in accordance with
the Customer's instructions from time to time and shall not process the
Personal Data for any purposes other than those expressly authorised by the
12.3 The Supplier shall take reasonable steps to ensure the reliability of
all its employees who have access to the Personal Data.
12.4 Each party warrants to the other that it will process the Personal
Data in compliance with all applicable laws, enactments, regulations,
orders, standards and other similar instruments.
12.5 The Supplier warrants that, having regard to the state of
technological development and the cost of implementing any measures, it
(a) take appropriate technical and organisational measures against the
unauthorised or unlawful processing of Personal Data and against the
accidental loss or destruction of, or damage to, Personal Data to ensure a
level of security appropriate to:
(i) the harm that might result from such unauthorised or unlawful
processing or accidental loss, destruction or damage; and
(ii) the nature of the data to be protected; and
(b) take reasonable steps to ensure compliance with those measures.
12.6 Each party agrees to indemnify and keep indemnified and defend at its
own expense the other party against all costs, claims, damages or expenses
incurred by the other party or for which the other party may become liable
due to any failure by the first party or its employees or agents to comply
with any of its obligations under this clause.
12.7 The Customer acknowledges that the Supplier is reliant on the Customer
for direction as to the extent to which the Supplier is entitled to use and
process the Personal Data. Consequently, the Supplier will not be liable
for any claim brought by a Data Subject arising from any action or omission
by the Supplier, to the extent that such action or omission resulted
directly from the Customer's instructions.
12.8 The Supplier may authorise a third party (subcontractor) to process
the Personal Data provided that the subcontractor's contract:
(a) is on terms which are substantially the same as those set out in this
(b) terminates automatically on termination of this agreement for any
13. LIMITATION OF LIABILITY
13.1 Nothing in these Conditions shall limit or exclude the Supplier's
(a) death or personal injury caused by its negligence, or the
negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation
13.2 Subject to clause
13.1, the Supplier shall not be liable to the Customer, whether in
contract, tort (including negligence), for breach of statutory duty, or
otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
13.3 Subject to clause 13.1, the Supplier's total liability to the
Customer, whether in contract, tort (including negligence), breach of
statutory duty or otherwise, arising under or in connection with the
Contract, shall not exceed the total Subscription Fees that have been paid
to us by you.
13.4 This clause shall survive termination of the Contract.
14.1 Without affecting any other right or remedy available to it, either
party may terminate the Contract within the Cancellation Period by giving
the other party written notice.
Without affecting any other right or remedy available to it, either
party may terminate the Contract by giving the other party not less
than two month’s written notice.
14.3 Without affecting any other right or remedy available to it, the
Supplier may terminate the Contract with immediate effect by giving written
notice to the Customer if:
(a) the Customer fails to pay any amount due under the Contract on the
due date for payment;
(b) the Customer commits a material breach of the Contract which is
incapable of remedy; or
(c) the Customer commits any other material breach which is capable of
remedy but which you fail to remedy within fourteen days of written notice
by us specifying the breach and requiring its remedy.
14.4 After 12 months from the Commencement Date, and unless the Customer
has given the Supplier not less than two month’s written notice to
terminate the Contract, then the Contract will renew for a minimum period
of 12 months (and until the Supplier receives written notice to terminate
14.5 Without affecting any other right or remedy available to it, in the
event of the Customer breaching the Supplier’s Fair Usage Policy or the
Customer using the Goods or Services for a Prohibited Purpose, the Supplier
may terminate the Contract with immediate effect.
15. CONSEQUENCES OF TERMINATION
15.1 On termination of the Contract
the Customer shall immediately pay to the Supplier all of the Supplier's
outstanding unpaid invoices and interest and, in respect of Services
supplied but for which no invoice has been submitted, the Supplier shall
submit an invoice, which shall be payable by the Customer immediately on
15.2 Termination or expiry of the Contract shall not affect any rights,
remedies, obligations and liabilities of the parties that have accrued up
to the date of termination or expiry, including the right to claim damages
in respect of any breach of the Contract which existed at or before the
date of termination or expiry.
15.3 Any provision of the Contract that expressly or by implication is
intended to have effect after termination or expiry shall continue in full
force and effect.
16. FORCE MAJEURE
16.1 Neither party shall be in breach of the Contract nor liable for
delay in performing or failure to perform, any of its obligations under
the Contract if such delay or failure result from events, circumstances
or causes beyond its reasonable control.
17. ASSIGNMENT AND OTHER DEALINGS
17.1 The Supplier may at any time assign, mortgage, charge, subcontract,
delegate, declare a trust over or deal in any other manner with any or all
of its rights and obligations under the Contract.
17.2 The Customer shall not assign, transfer, mortgage, charge,
subcontract, declare a trust over or deal in any other manner with any of
its rights and obligations under the Contract without the prior written
consent of the Supplier.
18.1 Any notice or other communication given to a party under or in
connection with the Contract may be in writing and may be delivered by hand
or by pre-paid first-class post or other next working day delivery service
(a) in the case of any notice or other communication to the Supplier – the
Supplier’s registered office or such other address as the Supplier notifies
to you; and
(b) in the case of any notice or other communication to the Customer - to
the Customer’s address set out in the Order or such other address as the
Customer shall notify to the Supplier.
18.2 Alternatively, any notice or other communication given to a party
under or in connection with the Contract may be in writing and delivered by
electronic mail to:-
(a) in the case of any notice or other communication to the Supplier –
(b) in the case of any notice or other communication to the Customer – to
the Customer’s electronic mail address set out in the Order or such other
electronic mail address as the Customer shall notify to the Supplier.
18.3 Any notice or other communication shall be deemed to have been
(a) delivered by hand, on signature of a delivery receipt or at the time
the notice is left at the proper address; or
(b) if sent by pre-paid first-class post or other next working day delivery
service, on the second Business Day after posting (exclusive of the day of
19.1 If any provision or part-provision of the Contract is or becomes
invalid, illegal or unenforceable, it shall be deemed modified to the
minimum extent necessary to make it valid, legal and enforceable. If such
modification is not possible, the relevant provision or part-provision
shall be deemed deleted. Any modification to or deletion of a provision or
part-provision under this clause shall not affect the validity and
enforceability of the rest of the Contract.
20.1 No variation of the Contract shall be effective unless it is agreed in
writing and signed by both parties (or their authorised representatives).
21.1 A waiver of any right or remedy under the Contract or by law is only
effective if given in writing and shall not be deemed a waiver of any
subsequent breach or default.
21.2 A failure or delay by a party to exercise any right or remedy provided
under the Contract or by law shall not constitute a waiver of that or any
other right or remedy, nor shall it prevent or restrict any further
exercise of that or any other right or remedy.
21.3 No single or partial exercise of any right or remedy provided
under the Contract or by law shall prevent or restrict the further
exercise of that or any other right or remedy.
22. NO PARTNERSHIP OR AGENCY
22.1 Nothing in the Contract is intended to, or shall be deemed to,
establish any partnership or joint venture between the parties,
constitute either party the agent of the other, or authorise either
party to make or enter into any commitments for or on behalf of the
23. ENTIRE AGREEMENT
23.1 The Contract constitutes the entire agreement between the parties and
supersedes and extinguishes all previous agreements, promises, assurances,
warranties, representations and understandings between them, whether
written or oral, relating to its subject matter.
23.2 Each party acknowledges that in entering into the Contract it does not
rely on, and shall have no remedies in respect of any statement,
representation, assurance or warranty (whether made innocently or
negligently) that is not set out in the Contract. Each party agrees that it
shall have no claim for innocent or negligent misrepresentation based on
any statement in the Contract.
23.3 Nothing in this clause shall limit or exclude any liability for fraud.
24. THIRD PARTY RIGHTS
24.1 The Contract does not give rise to any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of the Contract.
25. GOVERNING LAW AND JURISDICTION
25.1 The Contract and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or its
subject matter or formation shall be governed by and construed in
accordance with the law of England and Wales.
Notwithstanding, the Customer is entitled to any mandatory consumer
provisions of law, which would otherwise be applicable in the country in
which the Customer lives.
25.2 Each party irrevocably agrees that the courts of England and Wales
shall have exclusive jurisdiction to settle any dispute or claim
(including non-contractual disputes or claims) arising out of or in
connection with the Contract or its subject matter or formation.
ANNEX ONE: FAIR USAGE POLICY
Such networks used by the Supplier from time to time for the Services to be
supplied to the Customer (each a “Network”, together the “Networks”) are
shared and best effort Networks; at any given time, subscribers within a
given geographic area must share available network capacity. The aim is to
provide each subscriber with a “fair share” of that capacity, while
providing all subscribers with a high-quality online experience.
To achieve these goals, Network management practices are employed, designed
to prevent any subscriber from placing a disproportionate demand on Network
resources. Certain of these practices are used only when the Network is
congested; others are used more generally.
Traffic levels on the Network are usually below a congestion point that
would have a significant impact on the user experience. The Networks are
carefully designed to achieve this result. At other times, however,
simultaneous transmissions from multiple subscribers may result in a total
demand for capacity exceeding that available on the Network, resulting in
congestion. During these times, congestion management practices will strive
to treat traffic in a manner that minimizes adverse impacts on the user
experience while preventing a subscriber from exceeding his or her “fair
share” of available capacity.
The goal of these measures is for subscribers, on the whole, to enjoy a
better overall service experience than they otherwise would without these
practices. The target performance level (measured as the average service
speeds achieved across all customers on corresponding Service Levels during
a calendar month and excluding periods where speed has been restricted due
to usage exceeding the monthly data) is set at 40% of the headline Service
CONGESTION MANAGEMENT PRACTICES
A. Congestion Management Overview
Under normal traffic conditions, it is not necessary for congestion
management practices to be employed. That said, while Network capacity is
abundant, it is not unlimited. Stated differently, the Networks can be
expected to experience some level of congestion, necessitating the
application of congestion management practices described in this Policy.
The Networks are managed to minimise the adverse impact that congestion may
have on the user experience. Congestion typically occurs in the link
between the subscriber terminal and the gateway earth station via the
satellite. In order to determine if the link is congested, the traffic load
in each spot beam channel is continuously monitored.
B. Mitigating The Impact Of Network Congestion On The User Experience
Internet traffic flows generally are not continuous, but rather are
characterised by “bursts” of data. On occasion, simultaneous transmissions
from multiple subscribers in a given spot beam channel result in a total
instantaneous demand for capacity exceeding, on a temporary basis, the
capacity available within the channel. On such occasions, the Network can
experience Congestion. Congestion most typically occurs during the
Network’s “peak” usage hours which generally can be expected to be from
about 17:00 to 00:00 local time at the subscriber location, depending on
the day of the week (“Peak Hours”). Congestion may also occur during
certain periods when usage is “unmetered” (such as the “night free zone”).
Congestion, and the resulting transmission delay, impacts the user
experience with respect to some types of applications more than others. For
example, a delay in the rendering of a web page may be noticeable to a
subscriber waiting for the content to appear on his/her screen. On the
other hand, a subscriber downloading a bulk file (e.g. a software update)
may be less impacted if the download takes longer during Congestion than it
otherwise would, since the subscriber may already know that the download
requires some time to complete.
The goal is for the Networks to be managed to minimise the impact of
congestion on traffic. To accomplish this objective, the congestion
management algorithm is designed to reduce the traffic load, while giving a
preference to (i.e. having a lesser effect on) services and applications
that require less transmission bandwidth such as web page browsing and
email. During periods of congestion, bandwidth intensive applications such
as video streaming and file downloading may be slowed more than other
applications. As a result, the quality of video streaming may be reduced
and/or buffering may occur. In addition, file downloads may take longer to
complete during periods of congestion. Under more severe congestion, all
applications may need to be slowed, and in those instances, the time to
download web pages may take longer.
A “mere conduit” is operated. Following a specific request of a Public
Authority, access to specific URLs may be blocked.
No particular forms of traffic are intentionally blocked (unless explicitly
specified in the characteristics of a given service profile), but TCP/UDP
ports and/or specific protocols may be blocked if it may represent a
security threat to the Networks.
C. Heavy Users
A “Heavy User” is a user (or a small group of users) consuming a
disproportionate amount of a Network’s resources. Overall Network
performance and individual resource consumption will be monitored to
determine if any user is a Heavy User that could potentially disrupt or
degrade the Network and/or its usage by other users.
All rights are reserved to immediately restrict, suspend or terminate Heavy
Users’ Service Accounts without further notice.