LEGAL

Terms and conditions

Terms and conditions for use of this website

Welcome to the Posilan Ltd website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Posilan Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Posilan Ltd’ or ‘us’ or ‘we’ refers to Posilan Ltd, the owner of this website, a company registered in England and Wales (company number 07444610, VAT number GB105941821) whose registered office is Unit 008, Building 308, World Freight Terminal, Manchester Airport, Manchester, M90 5PZ. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without our prior written permission.
All trade marks reproduced on this website which are not the property of, or licensed to, Posilan Ltd are acknowledged.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Terms and conditions for the supply of goods and services

Definitions

“Agreement” means the Customer’s order or accepted quote together with these terms and conditions.

“Customer” means the person, firm or company with whom Posilan Ltd is dealing.

“Force Majeure” means any cause affecting the performance by Posilan Ltd of its obligations, arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control, including (but not limited to) governmental regulations, fire, flood, storm, pandemic, power failure, failure or delay of any network operator or supplier, cable theft or third-party damage, or any disaster or industrial dispute affecting a third party.

“Working days” means Monday to Friday, excluding bank and public holidays in England.

“Delivery” means the supply of goods or services.

General

1. Orders

All contracts of sale made by Posilan Ltd shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Customer. Where a service has its own terms (for example in an accepted quote or a service-specific clause below), those terms apply to that service in addition to these, and take priority if they conflict.

2. Prices

Goods and services are invoiced, together with VAT, at the price in force at the time of order. Posilan Ltd reserves the right to modify its prices from time to time. For services with a minimum term, charges and any changes to them are as set out in the accepted quote and the terms for that service.

3. Delivery

3.1 Any time or date stated for delivery is an estimate only. Posilan Ltd makes every effort to dispatch goods and deliver services on time but does not accept liability for failure to deliver within the stated time.

3.2 Posilan Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies us in writing within three working days of receipt.

3.3 The Customer has to accept the goods when they are ready for delivery; delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damages shall pass to the Customer.

3.4 Title in the goods does not pass to the Customer until payment is received in full by Posilan Ltd. Equipment supplied with a service rather than sold (for example a broadband router) remains Posilan Ltd’s property at all times.

3.5 If the Customer cannot accept delivery, Posilan Ltd may at its option (a) store and insure the goods at the Customer’s expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage, insurance and selling costs) pay to the Customer any excess of the sale proceeds over the price due under the order, or charge the Customer for any shortfall.

3.6 Orders for hosting, domain names and other online services are normally fulfilled within 24 hours, but please allow up to 28 days. Delivery of other goods is within 28 days, unless otherwise stated at the point of order. Lead times for broadband and other connectivity services depend on the network operator and are given on the quote.

4. Payment

4.1 Payment is due within the time limit stated on your invoice.

4.2 If payment is not made on time, Posilan Ltd may charge interest daily on the outstanding balance at 8% above the Bank of England base rate, together with the fixed-sum compensation and reasonable recovery costs allowed under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to levy a charge of £20 + VAT for any cheques or other payments made to us which are later returned unpaid.

4.3 Where payment is made to us and you later ask your card issuer to perform a “chargeback”, we reserve the right to pass on to you any charges we incur. This is normally £10 + VAT and 3% of the transaction amount. Where we suspect the chargeback may be an attempted card fraud, we may report the transaction to the relevant authorities.

4.4 Posilan Ltd will at no charge release a domain name registered to you, as long as all invoices due are paid in full beforehand.

5. Product specifications

5.1 Posilan Ltd makes every effort to supply the goods and services as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice.

5.2 In the event that Posilan Ltd cannot supply the goods ordered by the Customer, Posilan Ltd may offer to supply goods of equal or superior quality at no extra cost.

6. Trade names and trade marks

Trade names and marks (other than Posilan Ltd’s) are not restricted to indications of manufacturers but may also be indicative of general use systems and machines associated with such products.

7. Returns

7.1 Returns are only accepted with Posilan Ltd’s prior written agreement and goods must be unopened, unused, undamaged and fully marketable, except in the case of faulty goods (see clause 8).

7.2 If you are a consumer buying at a distance (for example online or by phone), you may cancel your order within 14 days after the day you receive the goods. You must take reasonable care of the goods while they are in your possession and may handle them only as you would in a shop. Please email support@posilan.com stating the reason for return and your order number, and request a returns number. You are responsible for the cost of returning the goods. We will refund you within 14 days of receiving the goods back (or evidence that you have sent them), and may reduce the refund if the goods have lost value because of handling beyond what was necessary to inspect them. This right does not apply to goods or services made to your specification or clearly personalised, or to sealed software that has been unsealed. Services supplied to business customers, including broadband, are not covered by this clause.

8. Posilan Ltd’s warranties

8.1 All goods supplied by Posilan Ltd are warranted to be free from defects in materials and workmanship, and all services will be provided with reasonable care and skill.

8.2 Any complaints about this warranty must be in writing received by Posilan Ltd within 30 days from delivery. The Customer shall allow Posilan Ltd to investigate the complaint and inspect the goods; if the Customer’s complaint is proven, Posilan Ltd will then repair or replace the goods or refund the purchase price.

8.3 This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or if they have not been used in accordance with the manufacturer’s instructions.

8.4 Posilan Ltd’s cPanel web hosting services have a 14-day money-back guarantee. This offer is valid only on new accounts that have not previously been hosted on our servers. Renewal orders are excluded from this offer. In order to receive a refund, you must request cancellation on or before the 14th day of service. Refunds are only given on the hosting element of the charge and not any extras such as, but not limited to, domain names or SSL certificates.

8.4.1 Accounts that have been suspended, cancelled or terminated by Posilan Ltd for a breach of these terms and conditions are not entitled to a refund for services used or unused.

9. Posilan Ltd’s liability

9.1 Posilan Ltd shall not under any circumstances be liable for any consequential or indirect damages or losses however caused.

9.2 Posilan Ltd’s liability in respect of breach of the terms of any order shall be limited to the invoiced value of such order or, for recurring services, the charges paid by the Customer for the affected service in the 12 months before the claim.

9.3 Posilan Ltd shall not be liable for any delay or failure to perform its obligations caused by Force Majeure.

9.4 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

10. Health and safety

In accordance with the Health and Safety at Work etc. Act 1974 and the Consumer Protection Act 1987, Posilan Ltd confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.

11. Severance

If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

12. Waiver

Any waiver of a breach of this Agreement must be in writing.

13. Variation and other contracts

13.1 Any variation of this Agreement must be in writing to be valid.

13.2 These terms and conditions are to be regarded as our general terms and conditions of trade and are in addition to any terms and conditions shown in a Customer’s specific IT support contract, service schedule or accepted quote.

14. Headings

The headings are for convenience only and shall not affect the interpretation of this Agreement.

15. Notices

Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party or (b) by email to their last known email address. The notice shall be deemed served (a) two working days after posting or (b) if sent by email, at the time of sending, or on the next working day if sent outside 9am to 5pm on a working day.

16. Governing law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

17. Call recording

Posilan Ltd may record telephone calls for training, quality and security purposes. Recordings are handled in line with our privacy policy.

18. Domain names

18.1 Before registering a domain name ending in .uk (e.g. .co.uk, .org.uk), you must read and agree to Nominet’s terms and conditions, which can be found on Nominet’s website. Nominet is the not-for-profit organisation that manages the .uk namespace.

18.2 Some of your personal information (e.g. name, address, telephone number and email address) may be passed to domain name registries for the purposes of registering a domain name. This is a requirement of the domain name registration process.

18.3 All domain names purchased are for the period of time shown at the time of sale. Within 30 days before your domain name expires, we will email the contact on the account with notice that the domain name is due to expire. The domain name can then be renewed either by logging into our client area at www.posilan.com/online or by calling us on 0161 660 7471. The costs to register and renew domain names are shown on our domain pricing page and also when you log into the client area.

18.4 If you do not renew a domain name on or before its expiry date, it will stop functioning. If you wish to renew the domain name, you still can by logging in and making payment up to 30 days after the expiry date without incurring a redemption fee, and your domain name will begin to function again normally within 24 hours.

19. Acceptable use

19.1 We prohibit all uses of our services which appear to us at our sole discretion to be illegal under any applicable laws. This includes but is not limited to:

Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network.
Involvement in fraudulent activities.
Misuse of our or other computer systems.

19.2 We prohibit uses of our services which appear to us at our sole discretion to be offensive. This includes but is not limited to storing or transmitting any content or links to any content which we believe to be:

Illegally pornographic.
Excessively violent, inciting violence or threatening violence.
Harassing or inciting hate of any person or group of persons.
Defamatory.
Violating the privacy of any person or group of persons.
Promoting or soliciting illegal activities under any applicable laws.
Exposing trade secrets, infringing copyright, trade marks or patents, or assisting others in doing so.
The installation of software or scripts which are illegal, pirated or “nulled” to circumvent licence restrictions or other reasons.
Unfair or deceptive under consumer protection laws.
Creating a risk to safety, health or national security.

19.3 We prohibit all uses of our services which appear to us at our sole discretion to be abusive or contrary to accepted internet norms. This includes but is not limited to:

Sending of unsolicited bulk/commercial email (spam).
Excessive posting on web forums, news groups, chat services or IRC.
Publishing of websites or other material which are separately advertised by techniques (including but not limited to spam) which we would classify as abuse if they were checked against this acceptable use policy.
Distribution of viruses, adware or other malware.
Fraudulent collection of personal or financial data (phishing).
Unauthorised access to or misuse of data, computer systems or networks.
Unauthorised probing, scanning or testing the vulnerability of computer systems or networks.
Interference with service to other users of computer systems or networks, including denial of service attacks.
Unauthorised interception or monitoring of network traffic.
Transmitting fake or misleading network traffic, including forged IP packets or email headers.
Any conduct likely to result in retaliation against us, including engaging in behaviour that results in a denial of service attack.

19.4 We prohibit all uses of our services which appear to us at our sole discretion to threaten our infrastructure. This includes but is not limited to:

For hosting services, usage which imposes excessive load beyond that expected from a typical server. For example, continuous high CPU or I/O use.
Configurations with inadequate security, allowing unauthorised third-party access.
Attempts to circumvent our mechanisms for controlling, monitoring, security or billing usage.

19.5 As a reseller of domain names registered through ICANN-accredited registrars, we are obliged to make you aware of the Registrants’ Benefits and Responsibilities under the 2013 Registrar Accreditation Agreement. Read ICANN’s Registrants’ Benefits and Responsibilities.

19.6 .uk domain names – Nominet is the registry for all .uk domain names. In addition to these terms and conditions, customers registering a .uk domain name are also subject to Nominet’s terms and conditions, which can be found on Nominet’s website.

19.7 We reserve the right to charge you a “clean-up” fee and/or any charges resulting from blacklist removal caused by your breach of any of our terms and conditions.

19.8 Posilan Ltd takes care to ensure its online backup service is reliable, but cannot guarantee that it will be uninterrupted. Occasionally we may have to carry out maintenance on the service. Where possible, advance notice will be given and posted on our service status page. We also recommend that you run regular test restores of files backed up using the service to ensure data integrity. Whilst every care is taken to ensure the quality of our online backup service, Posilan Ltd shall not in any event be liable for loss of data stored on any of its systems or servers. In addition, all data stored on our servers by the customer using an encryption key shall be irretrievable by the customer or Posilan Ltd should the key become lost or unavailable.

Complaints procedure

20. If you have a complaint about any of our goods or services, please tell us as soon as possible, by email or by post. Our complaints code explains the process in full.

By email –

accounts@posilan.com
By post –

Customer Services
Posilan Ltd
Unit 008, Building 308
World Freight Terminal
Manchester Airport
Manchester
M90 5PZ

We will endeavour to respond to your complaint within three working days and, where possible, resolve complaints within 14 working days. We will, where possible, keep you informed during our investigations into your complaint.

Independent dispute resolution for communications services. If your complaint is about a communications service, such as broadband or VoIP, and you are a consumer or a business with 10 or fewer employees, you can refer it free of charge to our independent alternative dispute resolution (ADR) scheme, the Communication and Internet Services Adjudication Scheme (CISAS), if it has not been resolved within 8 weeks of your first complaint, or sooner if we write to you to say we cannot agree on a resolution (a “deadlock letter”). CISAS is run by CEDR; you can find out more at www.cedr-assist.com/consumer/cisas. Using CISAS does not affect your other legal rights.

Business broadband

21. Business broadband

Scope

21.1 This clause 21 applies when Posilan Ltd supplies broadband connectivity, including full fibre (FTTP), fibre to the cabinet (SoGEA/FTTC) or copper broadband, and any related static IP addresses, equipment or VoIP phone services (together “the Broadband Service”). If this clause conflicts with any other clause in these terms, this clause applies. If the Customer’s accepted quote conflicts with this clause, the quote applies.

21.2 The Broadband Service is a business service supplied only to businesses, including sole traders, partnerships and people working from home for business purposes. By ordering it, the Customer confirms that it is acting for business purposes. Where the service is installed at a home address, it remains a business service under these terms.

21.3 The Broadband Service is provided over third-party access networks, such as Openreach and CityFibre, through Posilan Ltd’s wholesale partners. Posilan Ltd may subcontract any part of the service but remains responsible to the Customer under these terms.

21.4 Leased lines and other services with a guaranteed service level agreement are not covered by this clause and are supplied under separate terms.

Orders and availability

21.5 The quote sets out the service, the estimated speed, the minimum term, the monthly charges, any setup or connection fee and any optional extras. An order is accepted when the Customer accepts the quote and Posilan Ltd confirms the order. All orders are subject to a successful availability check and line survey.

21.6 Availability checks and speed estimates are based on information from the network operators and may change once the order is placed. If the service cannot be provided, or can only be provided at a materially lower speed or higher cost than quoted, Posilan Ltd will tell the Customer, who may then cancel the order without charge. Any amounts paid in advance for the Broadband Service will be refunded.

Minimum term and continuation

21.7 The minimum term is 12, 24 or 36 months, as chosen on the quote. It starts on the date the service goes live (“the Live Date”).

21.8 After the minimum term, the service continues month by month on the same terms until either party gives at least 30 days’ written notice. If a new minimum term is agreed (for example on an upgrade), the new term starts on the date the change goes live.

21.9 Posilan Ltd will write to the Customer between 10 and 40 days before the end of the minimum term, explaining that the minimum term is ending, the notice needed to cancel and Posilan Ltd’s best available tariffs.

Charges and billing

21.10 Monthly charges are billed monthly in advance. The first month’s charge and any setup or connection fee are invoiced when the quote is accepted, and regular monthly billing starts one month after the Live Date. All prices exclude VAT, which is charged at the prevailing rate.

21.11 Setup and connection fees depend on the minimum term chosen and whether an existing line is taken over or a new line is needed. The fee that applies is shown on the quote.

21.12 Monthly charges are fixed for the minimum term, except for changes in VAT or other taxes. Posilan Ltd may change any other charge, or these terms, by giving at least 30 days’ written notice. If a change is not exclusively to the Customer’s benefit and is not required by law, the Customer may end the Broadband Service without an early termination charge by giving written notice within 30 days of receiving the notice of change.

Fair and acceptable use

21.13 The Broadband Service is subject to clause 19 (acceptable use). The Customer must not resell the service, use it to provide public services such as public Wi-Fi without Posilan Ltd’s written agreement, or use it in a way that degrades the network for other users. Posilan Ltd may contact the Customer, and may manage traffic, where usage is exceptional and is affecting the network.

21.14 The Customer is responsible for securing its own network and devices, including firewalls, passwords and Wi-Fi security, and for all use of the service, including unauthorised use through its connection.

Speeds

21.15 All speeds quoted are estimates and are not guaranteed. Actual speeds depend on factors such as line length and quality, internal wiring, equipment, Wi-Fi, the number of users and network traffic. If download speeds are consistently well below the estimate given on the quote, Posilan Ltd will investigate and try to fix the problem. If it cannot be fixed within 30 days of the Customer reporting it, the Customer may move to a lower-cost product or end the service without an early termination charge.

Installation and engineer appointments

21.16 Where an engineer visit is needed, Posilan Ltd will arrange an appointment with the network operator, subject to the operator’s availability. The Customer must: (a) make sure an adult with authority to act for the Customer is on site for the whole appointment; (b) give safe and reasonable access to the premises and to the point where the line enters the building; and (c) obtain any permission needed from landlords, building managers or other third parties for installation work, including wayleaves.

21.17 If the Customer misses an appointment, rearranges or cancels it with less than 2 working days’ notice, or the engineer cannot get access or complete the work for reasons within the Customer’s control, the Customer must pay any charge the network operator makes to Posilan Ltd, which is passed on at cost.

21.18 Installing a new line may involve work beyond a standard installation, such as new ducts, poles, cabling or civil works (“excess construction charges”). Posilan Ltd will tell the Customer about any excess construction charges before work goes ahead, and the work will only proceed if the Customer agrees to them in writing. If the Customer does not agree, either party may cancel the order under clause 21.24.

21.19 Internal wiring, extension cabling and Wi-Fi coverage beyond the network termination point and router are the Customer’s responsibility. Posilan Ltd can quote for this work separately.

Switching

21.20 Where the Customer is moving an existing service to Posilan Ltd, Posilan Ltd will manage the switch with the network operator where possible. The Customer remains responsible for any early termination charges or notice periods owed to its previous provider, and for telling Posilan Ltd about any other services on the same line (such as phone lines, alarms or card terminals). A short loss of service during the switch is normal. Changing provider may mean losing email addresses or other services supplied by the previous provider.

Early termination and cancellation

21.21 The Customer may end the Broadband Service at any time by giving written notice.

21.22 If the service ends during the minimum term, other than because of Posilan Ltd’s material breach or under clauses 21.6, 21.12 or 21.15, the Customer must pay an early termination charge equal to the monthly charges that would have been payable for the rest of the minimum term, plus any outstanding excess construction charges or third-party charges incurred on the Customer’s behalf.

21.23 If the Customer later moves to another provider, the Customer is responsible for arranging the new service and must give notice under clause 21.8. Clause 21.22 applies if the move takes place during the minimum term.

21.24 If an order is cancelled after the quote is accepted but before the Live Date, the Customer must pay any costs already incurred with the network operator, such as cancellation charges or construction work already completed. Any setup fee and first month’s charge paid will be refunded, less those costs.

Faults and service availability

21.25 The Customer must report faults to Posilan Ltd by phone on 0161 660 7471 or by email to support@posilan.com, after carrying out reasonable checks such as restarting the router. Posilan Ltd will raise faults with the network operator and keep the Customer updated. If an engineer visit finds that there was no fault on the network, or that the fault was caused by the Customer’s equipment, wiring or premises, the Customer must pay any charge the network operator makes, passed on at cost. Posilan Ltd will tell the Customer about this possible charge before booking the visit.

21.26 Posilan Ltd aims to provide a reliable service and to restore faults as quickly as possible, but the Broadband Service is provided on a best-efforts basis: no availability level or repair time is guaranteed, and service credits are not offered. Planned maintenance by Posilan Ltd or the network operators may cause short interruptions; Posilan Ltd will give advance notice where possible. Customers who rely heavily on their connection should consider a backup connection, 4G/5G failover or a leased line.

Equipment

21.27 Posilan Ltd may sell or lend the Customer a router and other equipment (“Equipment”). The quote states whether each item is sold or lent; if it does not say, the Equipment is lent. Sold Equipment becomes the Customer’s property once it has been paid for in full (see clause 3.4). Lent Equipment remains Posilan Ltd’s property at all times. Risk in all Equipment passes to the Customer on delivery.

21.28 The Customer must: (a) keep lent Equipment safe at the installation address, in a clean, dry and ventilated location with a suitable mains power supply; (b) not open, modify, sell, lend or charge lent Equipment as security; (c) allow Posilan Ltd to access and manage Equipment it supplies remotely to support, update and configure it; and (d) tell Posilan Ltd promptly if lent Equipment is lost, stolen or damaged.

21.29 Posilan Ltd will repair or replace lent Equipment that develops a fault through normal use, free of charge. The Customer must pay the reasonable cost of repairing or replacing lent Equipment that is lost, stolen, or damaged accidentally, deliberately or through misuse.

21.30 When the Broadband Service ends, the Customer must return lent Equipment in good condition (fair wear and tear excepted) within 14 days, using the method Posilan Ltd provides. If it is not returned, Posilan Ltd may charge the cost of replacing it.

21.31 Sold Equipment comes with the manufacturer’s warranty. If it develops a fault, the Customer should make a warranty claim with the manufacturer; Posilan Ltd will help with the claim on request. This does not affect the Customer’s statutory rights. The Customer may instead use its own router or equipment if it is compatible with the service. Posilan Ltd will provide the connection settings but does not support or configure equipment it did not supply, may ask for it to be disconnected while investigating a fault, and is not responsible for faults or security issues it causes.

IP addresses

21.32 One static IP address is included with each Broadband Service. Additional IP address blocks are available for an extra monthly charge, as shown on the quote. Requests for blocks larger than 8 addresses must be justified in line with RIPE NCC policy and may be refused.

21.33 IP addresses remain the property of Posilan Ltd or its suppliers. The Customer may use them only while it receives the service; they cannot be transferred to another provider and are withdrawn when the service ends. Posilan Ltd will give as much notice as reasonably possible if an IP address has to change.

VoIP phone service

21.34 VoIP phone service is optional and charged per extension or line per month, as shown on the quote. Call charges are as published on our call charges page. Phones are charged separately, as shown on the quote.

21.35 VoIP calls depend on the Customer’s broadband connection and power supply. VoIP will not work during a power cut or broadband failure, including calls to the emergency services (999 and 112). The Customer must keep another way to call the emergency services, such as a mobile phone; give Posilan Ltd the address where each VoIP line is used and keep it up to date, so that the emergency services can be given the correct location; and tell Posilan Ltd if anyone relies on the line for a health, care or security alarm.

21.36 Numbers can be ported to and from Posilan Ltd, subject to the rules of the providers involved. Porting dates are set by the losing provider and are not guaranteed. Cancelling the old service before a port completes may mean the number is lost. Porting a number away does not end the Broadband Service or any minimum term.

Suspension

21.37 Posilan Ltd may suspend or restrict the Broadband Service: (a) if any invoice is unpaid 14 days after its due date, after giving at least 7 days’ written notice; (b) immediately, if the Customer breaches clause 19 or clause 21.13, or if the service is being used fraudulently or puts the network at risk; or (c) if a network operator or authority requires it. Monthly charges remain payable during a suspension caused by the Customer, and any reconnection charge made by the network operator is passed on at cost. If the reason for suspension is not put right within 30 days, Posilan Ltd may end the service, and clause 21.22 applies if this happens during the minimum term.

Liability

21.38 Broadband is a shared, best-efforts service over third-party networks. Posilan Ltd is not liable for loss of profits, revenue, business, contracts, goodwill or anticipated savings, for loss or corruption of data, or for any indirect or consequential loss arising from any interruption to, fault in or slow performance of the Broadband Service. The Customer is responsible for backup and business continuity measures appropriate to how much it relies on the service.

21.39 Posilan Ltd’s total liability for the Broadband Service in any 12-month period is limited to the charges paid by the Customer for the affected service in that period. Clause 9.4 applies to this clause.

Complaints

21.40 Complaints about the Broadband Service are handled under clause 20, including the right of eligible customers to refer unresolved complaints to CISAS.

21.41 Before the Customer accepts a quote, Posilan Ltd will provide a contract summary setting out the main terms of the Broadband Service.

Business phone systems (VoIP)

22. Business phone systems

22.1 This clause 22 applies when Posilan Ltd supplies a hosted business phone service (“the Phone Service”), with or without broadband. Where VoIP is supplied as part of the Broadband Service, clauses 21.34 to 21.36 also apply. If this clause conflicts with any other clause in these terms, this clause applies; if the Customer’s accepted quote conflicts with this clause, the quote applies. The Phone Service is a business service, supplied only for business purposes.

22.2 The Phone Service is charged per extension per month, as shown on the quote. The minimum term is 12 months from the date the Phone Service goes live. Afterwards it continues month to month until either party gives at least 30 days’ written notice. The Customer may add extensions at any time; added extensions continue until the end of the minimum term or 30 days’ notice, whichever is later.

22.3 Monthly charges are billed monthly in advance. The first month’s charge and any one-off charges (such as phones and number porting) are invoiced when the quote is accepted, and regular monthly billing starts one month after the Phone Service goes live. Monthly charges are fixed for the minimum term except for changes in VAT or other taxes; clause 21.12 applies to any other change.

22.4 If the Phone Service ends during the minimum term, other than because of Posilan Ltd’s material breach or a change under clause 21.12, the Customer must pay an early termination charge equal to the monthly charges that would have been payable for the rest of the minimum term.

22.5 Each extension includes the monthly call minutes shown on the quote for calls to UK geographic, mobile and 03 numbers and conference calls. Minutes are per extension, cannot be shared or carried over to the next month, and are for normal business calling by the user of that extension. Calls outside the included minutes, and calls to other numbers (such as international or premium-rate numbers), are charged at Posilan Ltd’s standard call rates, as published on our call charges page. Automated, bulk or call-centre style outbound calling needs Posilan Ltd’s written agreement and a separate quote.

22.6 Emergency calls. Calls to 999 and 112 can be made from the Phone Service, but VoIP depends on the Customer’s internet connection and power supply and will not work during a power cut or internet failure. The Customer must keep another way to call the emergency services, such as a mobile phone; give Posilan Ltd the address where each extension is used and keep it up to date, so emergency services can be given the correct location; and tell Posilan Ltd if anyone relies on the service for a health, care or security alarm.

22.7 Numbers. Posilan Ltd will move (port) the Customer’s existing numbers on request, for the one-off charges shown on the quote. Porting dates are set by the losing provider and are not guaranteed. The Customer must keep its existing lines and services active until Posilan Ltd confirms the port is complete; cancelling them earlier may mean the numbers are lost. New numbers issued by Posilan Ltd may be ported to another provider when the Customer leaves, provided all charges have been paid. Porting a number away does not end the Phone Service or any minimum term.

22.8 Phones. Phones and accessories supplied with the Phone Service are sold to the Customer and become the Customer’s property once paid for in full (clause 3.4). Posilan Ltd configures them before delivery. Faulty phones are covered by the manufacturer’s warranty, and Posilan Ltd will help the Customer to arrange a repair or replacement. The Customer may use its own compatible phones, which Posilan Ltd will help to connect but does not otherwise support.

22.9 The Customer is responsible for the security of its phones, apps and accounts, including keeping passwords safe, and for all calls made through its extensions, including unauthorised calls. Posilan Ltd may bar international or premium-rate calling, or suspend an extension, if it suspects fraudulent use.

22.10 Clauses 21.37 (suspension), 21.38 and 21.39 (liability) and 21.40 (complaints) apply to the Phone Service as if references to the Broadband Service were references to the Phone Service. Before the Customer accepts a quote, Posilan Ltd will provide a contract summary setting out the main terms of the Phone Service.

About our network

Whilst it’s important that we provide excellent levels of customer service, we can only do this with a good, reliable network supporting our services. We monitor all our servers and networks, and our clients’ servers and networks, 24/7. Should an incident occur, we are immediately alerted so we can start investigating. We also have diverse, redundant network connectivity.

We have full gigabit connectivity within the data centres, enabling super-fast file transfers and secure connectivity between sites via our private VPN.

Data centre 1 (DC1-MAN)

Our primary data centre is located at the custom-built Reynolds House at Manchester Techno Park – part of Manchester Science Parks. We have our own secure rack and full 24/7 unescorted access should we need to carry out maintenance. We own our own hosting servers, so our hosting services are not reliant on third-party providers.

Data centre 2 (DC2-ROCH)

We also have secondary rack space at a separate data centre in Rochdale, giving us true network and geographic diversity. In the unlikely event one of the sites should become unavailable, our core services will be available via the secondary location.

As you can see, we have invested a lot of time in building a resilient network so that we can provide the best service to you, the client.

Why the name Posilan?

Posilan is a play on the words “Positive Local Area Networks”. Simply put – we supply, build and support a better IT infrastructure for your business.