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BT Business Direct Conditions of Sale

These Conditions apply to any Customer that places an order with BT Business Direct. By placing an order with BT Business Direct the Customer agrees to be bound by these Conditions of Sale.

1. Definitions

1.1 In the Contract the following terms have the meanings shown next to them:

means a legal framework adopted by the European Commission in its adequacy decision of 12 July 2016 that ensures an adequate level of protection for Personal Data transferred from the European Union to organisations in the United States that have self-certified to the EU-US Privacy Shield.

Affiliate

means any entity that directly or indirectly controls or is controlled by BT, or is jointly controlled with BT.

Applicable Law

means the laws of England and Wales and any laws and regulations, as may be amended from time to time, that apply to the provision or receipt of the Equipment or its Installation or any associated warranties, including:

(a) anti-corruption laws set out in the Bribery Act 2010 and the Foreign Corrupt Practices Act of 1977 of the United States of America; and

(b) all applicable export laws and regulations, including those of the United States of America.

Bankruptcy

means an event where bankruptcy or insolvency proceedings are brought against the Customer or the Customer does not make any payment under a judgement of a Court on time or the Customer makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of the Customer’s assets or the Customer goes into liquidation or a corresponding event under Scottish Law.

BT Business Direct

means BT Business Direct, a business unit of BT who has a business address of Alpha Beta House, Enterprise Park, Horwich, Bolton, BL6 6PE.

BT

means British Telecommunications PLC whose registered office is at 81 Newgate Street, London EC1A 7AJ

BT Group

means BT Group plc and its Affiliates.

BT Business Direct Privacy Policy

means the policy that BT Business Direct has implemented and may update from time to time on how it Processes Personal Data and that is set out at: https://www.businessdirect.bt.com/help/policies/our-privacy-policy/

Claim

means any legal claims, actions or proceedings against BT Business Direct or the Customer, whether threatened or actual, whether by a third party or the other party to the Contract.

Conditions

means these Conditions of Sale.

Contract

means this agreement for the provision of any Equipment and/or Installation services between BT and the Customer comprising in order of precedence:

·  the Order Form;

·  the Conditions; and

·  any other documents and terms expressly incorporated into the Contract

Customer

means the person with whom BT contracts to supply the Equipment and/or Installation services.

Data Protection Legislation

means collectively (i) any applicable laws of the European Union, (ii) any applicable local laws relating to the Processing of Personal Data and the protection of an individual’s privacy, (iii) the GDPR, and (iv) any binding guidance or code of practice issued by a Supervisory Authority.

Equipment

means each item of equipment, including any Software, as specified on the Order Form.

GDPR

means the General Data Protection Regulation (EU) 2016/679 and any amendment or replacement to it, (including any corresponding or equivalent national law or regulation that implements the GDPR);

Group Company

means a subsidiary or holding company including a holding company, or a subsidiary of any such holding company, all as defined by Section 1 of the Companies Act 2006 and as subsequently re-enacted.

Installation

means the installation of Equipment, as specified on the Order Form.

Intellectual Property Rights

means any patent, petty patent, registered design, copyright, design right, database right, rights in designs, invention, semiconductor topography right, know-how, or any similar right exercisable in any part of the world and including any applications for the registration of any patents or designs.

Order

means any order or part of an Order the Customer gives to BT Business Direct on an Order Form for the Equipment and Installation that is accepted by BT Business Direct.

Order Form

means the document that sets out the provision of Equipment and/or the Installation of the Equipment to be supplied under the Contract by BT Business Direct.

Site

means the place at which the Equipment is delivered, kept or installed and/or where Installation is to be undertaken.

Software

means any software and associated written and electronic documentation and data provided by BT Business Direct under the Contract.

Sub-Processor

means a BT Affiliate or BT Business Direct’s supplier or subcontractor that BT Business Direct engages to Process Customer Personal Data for the purposes of the Contract.

Website

means www.bt.com/businessdirect

2. Provision of Equipment

2.1 Site Preparation and Access

2.2 Delivery and Installation

2.3 Returns

2.4 iPads

2.5 iPhones

3. Acceptance

4. Customer’s Obligations

5. Risk and Ownership

6. Terms

7. Guarantee

8. Charges

8.6 Disputed Bills

8.7 Late Payment

9. Changing the Contract

10. Ending the Contract

notice period prior to installation

Cancellation charge

10 days or more

No charge

5 - 9 days

50% of the charges due

4 days or less

100% of the charges due

11. Limitation of Liability

12. Intellectual Property and Confidentiality

Intellectual Property

Confidentiality

13. General Terms

13.1 Matters Beyond Reasonable Control

13.2 Escalation and Dispute Resolution

13.3 Transfer of Rights and Obligations

13.4 Severability

13.5 Survival

13.6 Entire Agreement

13.7 Waiver

13.8 Rights of Third Parties

13.9 Notices

13.10 Non Solicitation

13.11 Law and Jurisdiction

13.12 Customer’s Instructions

13.13 WEEE Regulations

13.14 Export Control

14. Data Protection

 

1. Definitions



1.1 In the Contract the following terms have the meanings shown next to them:

Affiliate means any entity that directly or indirectly controls or is controlled by BT, or is jointly controlled with BT.
Applicable Law means the laws of England and Wales and any laws and regulations, as may be amended from time to time, that apply to the provision or receipt of the Equipment or its Installation or any associated warranties, including: (a) anti-corruption laws set out in the Bribery Act 2010 and the Foreign Corrupt Practices Act of 1977 of the United States of America; and (b) all applicable export laws and regulations, including those of the United States of America.
Bankruptcy means an event where bankruptcy or insolvency proceedings are brought against the Customer or the Customer does not make any payment under a judgement of a Court on time or the Customer makes an arrangement with its creditors or a receiver, an administrative receiver or an administrator is appointed over any of the Customer’s assets or the Customer goes into liquidation or a corresponding event under Scottish Law.
BT Business Direct means BT Business Direct, a business unit of BT who has a business address of Alpha Beta House, Enterprise Park, Horwich, Bolton, BL6 6PE.
BT means British Telecommunications PLC whose registered office is at 81 Newgate Street, London EC1A 7AJ
BT Group means BT Group plc and its Affiliates.
BT Business Direct Privacy Policy means the policy that BT Business Direct has implemented and may update from time to time on how it Processes Personal Data and that is set out at: https://www.businessdirect.bt.com/help/policies/our-privacy-policy/
Claim means any legal claims, actions or proceedings against BT Business Direct or the Customer, whether threatened or actual, whether by a third party or the other party to the Contract.
Conditions means these Conditions of Sale.
Contract means this agreement for the provision of any Equipment and/or Installation services between BT and the Customer comprising in order of precedence:
  • the Order Form;
  • the Conditions; and
  • any other documents and terms expressly incorporated into the Contract
Customer means the person with whom BT contracts to supply the Equipment and/or Installation services.
Data Protection Legislation means collectively (i) any applicable laws of the European Union, (ii) any applicable local laws relating to the Processing of Personal Data and the protection of an individual’s privacy, (iii) the GDPR, and (iv) any binding guidance or code of practice issued by a Supervisory Authority.
Equipment means each item of equipment, including any Software, as specified on the Order Form.
GDPR means the General Data Protection Regulation (EU) 2016/679 and any amendment or replacement to it, (including any corresponding or equivalent national law or regulation that implements the GDPR);
Group Company means a subsidiary or holding company including a holding company, or a subsidiary of any such holding company, all as defined by Section 1 of the Companies Act 2006 and as subsequently re-enacted.
Installation means the installation of Equipment, as specified on the Order Form.
Intellectual Property Rights means any patent, petty patent, registered design, copyright, design right, database right, rights in designs, invention, semiconductor topography right, know-how, or any similar right exercisable in any part of the world and including any applications for the registration of any patents or designs.
Order means any order or part of an Order the Customer gives to BT Business Direct on an Order Form for the Equipment and Installation that is accepted by BT Business Direct.
Order Form means the document that sets out the provision of Equipment and/or the Installation of the Equipment to be supplied under the Contract by BT Business Direct.
Site means the place at which the Equipment is delivered, kept or installed and/or where Installation is to be undertaken.
Software means any software and associated written and electronic documentation and data provided by BT Business Direct under the Contract.
Sub-Processor means a BT Affiliate or BT Business Direct’s supplier or subcontractor that BT Business Direct engages to Process Customer Personal Data for the purposes of the Contract.
Website means www.bt.com/businessdirect

14. Data Protection

  • 14.1 The following terms each have the meaning given to it in the GDPR: “Binding Corporate Rules”, “Controller”, “Data Subject”, “Personal Data”, “Process”, “Processing”, “Processor” and “Supervisory Authority”.
  • 14.2 Whether or not any other provision in the Contract may say something different, for BT Business Direct to provide Equipment and Installation, Personal Data may be:
    • (a) used, managed, accessed, transferred or held on a variety of systems, networks and facilities (including databases) worldwide; or
    • (b) b. transferred by BT Business Direct worldwide to the extent necessary to allow BT Business Direct to fulfil its obligations under the Contract and the Customer appoints BT Business Direct to perform each transfer in order to provide the Equipment and its Installation provided that BT Business Direct will rely on appropriate transfer mechanisms permitted by Data Protection Legislation, including:
      • (i) BT Group’s Binding Corporate Rules (for transfers among BT Affiliates) and
      • (ii) agreements incorporating the relevant standard data protection clauses adopted by the European Commission.
    • (c) BT Business Direct will be Controller under the Contract.
    • (d) Where BT Business Direct acts as a Controller:
      • (i) BT Business Direct may collect, Process, use or share Personal Data with BT Affiliates and Sub-Processors, within or outside the country of origin in order to do any or all of the following:
        • (1.) administer, track and fulfil Orders;
        • (2.) provide the Equipment or Installation;
        • (3.) compile, dispatch and manage the payment of invoices;
        • (4.) manage the Contract and track and resolve any disputes or issues relating to it;
        • (5.) respond to general queries relating to the Contract; or
        • (6.) comply with Applicable Law;
      • (ii) BT Business Direct will Process the Personal Data in accordance with applicable Data Protection Legislation and as set out in the BT Business Direct Privacy Policy and, where applicable, BT Group’s Binding Corporate Rules; and
      • (iii) BT Business Direct may, from time to time, contact the Customer, or other network, IT or procurement manager involved in the procurement or management of the Equipment or Installation, to provide additional information concerning the Equipment or Installation or other similar services.
  • 14.3 If permitted by Applicable Law:
    • (a) a party in breach of the Data Protection Legislation or this Data Protection clause will be liable to the other for any losses, costs and liabilities (including those arising from Claims) incurred or suffered by the other party where those losses, costs and liabilities are caused by, or in connection with, that breach including where the parties are jointly and severally liable; and
    • (b) where the parties are jointly and severally liable for a Claim caused by Processing neither party will make any payment or any offer of payment to any Data Subject (including third parties acting on behalf of any Data Subject) in response to any Claim caused by or relating to the Processing of Personal Data, without the prior written agreement of the other party.
  • 14.4 Where each party acts as a Controller in relation to the Processing of Personal Data under the Contract, the parties will not act as joint Controllers for the purposes of Article 26 of the GDPR in relation to such Processing.
  • 14.5 If BT Business Direct proposes amendments to the Contract, to reflect changes to BT Business Direct’s security measures, policies and processes to enable BT Business Direct to comply with the Data Protection Legislation, the Customer will act reasonably and in good faith.

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