Home Basket Search

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.

Incoterms® 2020

means the International Commercial Terms, which are a series of pre-defined commercial terms published by the International Chamber of Commerce and are a trademark of the International Chamber of Commerce.

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.
Incoterms® 2020 means the International Commercial Terms, which are a series of pre-defined commercial terms published by the International Chamber of Commerce and are a trademark of the International Chamber of Commerce.
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

  • 2.1.1 The Customer agrees to prepare the Site according to any instructions BT Business Direct may give. The Customer agrees to provide BT Business Direct with reasonable access to the Site for the purposes of the Contract.
  • 2.1.2 The Customer will obtain any permissions needed, including permission for any changes to the Site.
  • 2.1.3 The Customer and BT Business Direct will meet each other’s reasonable safety and security requirements when on the Site. If the Customer or BT Business Direct damages the other’s equipment it must pay for any repair or replacement needed. This does not apply where the damage results from normal use.
  • 2.1.4 The Customer is responsible for making the Site good, after any work undertaken by BT Business Direct at the Site, including putting items back and for re-decorating.

2.2 Delivery and Installation

  • 2.2.1 BT Business Direct will use its reasonable endeavours to supply and, when ordered, complete the Installation and/or configuration of the Equipment by any date agreed with the Customer, but all dates are estimates.
  • 2.2.2 If the Customer delays or prevents the delivery of the Equipment or the Installation, then BT Business Direct may apply reasonable additional charges and/or claim a reasonable extension to any date agreed under clause 2.2.1. BT Business Direct will notify the Customer in writing of any additional charges, which the Customer will pay directly to BT Business Direct.
  • 2.2.3 The Customer will take delivery of and sign for the Equipment on the date of delivery as notified by BT Business Direct. On the day of delivery the Customer will notify BT Business Direct if: (a) the quantity of packages delivered is different to the quantity shown on the delivery note; and (b) there is any damage to the packages or boxes. Upon delivery the Customer will be asked to sign a delivery note by our appointed courier confirming the delivery of the Equipment. If the quantity of packages delivered is different to the quantity shown on the delivery note or there is any damage to the packages or boxes, then the Customer should write the word “unchecked” on the delivery note.
  • 2.2.4 The Customer must notify BT Business Direct in writing of any damage to any of the Equipment (other than damage caused by any act or omission by the Customer) or any other discrepancy in the Equipment (including any faults in the Equipment and/or quantity of the Equipment) delivered within 5 working days from the date of delivery. Such notification should include model and part numbers of affected Equipment and identity of any software application.
  • 2.2.5 Subject to clause 7, BT Business Direct shall have no further liability to the Customer where the Customer has not notified BT Business Direct as set out in clause 2.2.4.
  • 2.2.6 Where there is a delay in the delivery of the Equipment or part of the Equipment, BT Business Direct may propose to the Customer a substitution of another product of a similar specification to the Equipment or part of the Equipment.
  • 2.2.7 Whilst BT Business Direct will endeavour to ensure that the Equipment corresponds in every respect to any description, sample, specification, design features, or colour given, BT Business Direct will not be liable for any minor variations in the Equipment.
  • 2.2.8 BT Business Direct may (at its option) make part shipments for the delivery of the Equipment.
  • 2.2.9 Where Equipment is delivered to a Site that is not located within the UK:
    • (a) title in the Equipment (except for the Intellectual Property Rights) will pass to the Customer upon dispatch from the final shipping point in the UK (or in transit where shipped from outside the UK); and
    • (b) risk in the Equipment will pass to the Customer in accordance with Incoterms® 2020 DAP, but the Customer will not be liable for any loss or damage that is caused by BT Business Direct’s negligence.

2.3 Returns

  • 2.3.1 The Customer shall follow BT Business Direct’s instructions when returning Equipment to BT Business Direct. The Customer will ensure that Equipment is returned in “as new condition”, in its original packaging and that the seal is not broken for any software, unless otherwise agreed by BT Business Direct in writing or if the software is faulty. BT Business Direct may at its option either reject any returns that are not in accordance with its instructions or that are incomplete, or charge a restocking fee.
  • 2.3.2 Unless otherwise stated, the Customer will be responsible for the risk and cost of all outward and return carriage and insurance of all Equipment returned by the Customer. The onus of proof of safe delivery to BT Business Direct will rest with the Customer. In the event that no fault is found in the returned Equipment, BT Business Direct may charge the Customer a twenty five per cent restocking charge, provided that the Equipment is in original “as new condition”.
  • 2.3.2 BT Business Direct will raise a credit note for all returns that are not rejected in accordance with clause 2.3.1.
  • 2.3.3 BT and BT Business Direct’s sole liability for incomplete or damaged Equipment on arrival will be to replace the Equipment at its own expense.

2.4 iPads

  • 2.4.1 The following clauses apply to the sale of iPads:
    • (a) The Customer will notify BT Business Direct of any suspected defects in the Equipment, any violations of the manufacturer’s, BT’s or BT Business Direct’s rights, including end user licence agreements for the Equipment, or any claims or proceedings concerning the Equipment.

2.5 iPhones

  • 2.5.1 The following clauses apply to the sale of iPhones:
    • (a) The Customer shall not remove, obscure or add any mark to the Equipment or related material;
    • (b) Except as may be agreed in writing by BT Business Direct, nothing in this Contract confers any rights on the Customer, its agents, employees or contractors to use either the manufacturer’s, BT’s or BT Business Direct’s logos, trademarks or other intellectual property associated with such parties;
    • (c) The Customer accepts the Apple standard warranty which is available at https://www.apple.com/legal/warranty/products/uk-ireland-universal-warranty.html;
    • (d) The Customer will report any faults in the Equipment in accordance with Clause 5, below;
    • (e) The Customer agrees and will accept the applicable end-user software license agreement on the initial start-up of the Equipment. The end-user software license agreement is available at https://www.apple.com/legal/sla/
    • (f) The Customer will comply with any safety notices or requirement for the implementation of safety changes to the Equipment that BT Business Direct communicates to the Customer. The Customer will comply with any instructions given by BT Business Direct and allow BT Business Direct to assist the Customer with the implementation of safety changes including any recalls of the Equipment. The Customer will provide information to BT Business Direct on the progress of such safety changes as BT Business Direct requires.

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.

Call business sales team