Terms and conditions

Interpretation

In this Contract:

• "us", "we" or "our" means EE and "you" or "your" means the Customer. The "parties" means both EE and the Customer.
• "Acceptable Use Policy" means EE's policy for the use of the Service, a copy of which will be available on the EE WiFi Web Page.
• "Access Products" means the product used to access the EE WiFi Service as defined in section 3.
• "Branded Landing Page" means the captive portal or web page displayed to you as you connect to the service.
• "BT" means BT British Telecommunications plc of 1 Braham Street, London E1 8EE, registered in England no. 1800000.
• "BT Broadband Customer" means a customer with a BT Broadband service registered at their home address.
• "BT Group Company" means a BT subsidiary or holding company including a holding company, or a subsidiary of any such holding company, all as defined by Part 38, Section 1159 of the Companies Act 2006.
• "BT Network" means our communications network used to provide the Service from the Site to the Internet or, if applicable, the Customer Network.
• "BT Wi-Fi Partner" means a third party that owns or controls a Site which has BT's public WiFi service installed on it. These third party Sites (or "hotspots") are listed on the EE WiFi Web Page.
• "Charges Schedule" means the schedule incorporated into these terms that sets out any terms applicable to the charges that shall be paid by the Customer;
• "Conditions" means the terms of this Contract contained within clauses 1 to 16.
• "Contract" means, in order of precedence, these Conditions, the Service Schedule, the Charges Schedule, the Order Form and/or any terms which are notified to you via the online ordering process on the EE WiFi Web Page.
• "Customer" means the person using the Service. We may accept instructions from another person who we reasonably believe is acting with your authority or knowledge.
• "Customer Network" means your communications network including your corporate LAN and any private intranet services which you may connect to and are beyond the control of BT Wi-Fi.
• "EE" means EE Limited of 1 Braham Street, London E1 8EE, registered in England and Wales under company no. 02382161.
• "EE Broadband Customer" means a customer with an EE Broadband service registered at their home address.
• "EE Network" means our communications network used to provide the Service from the Site to the Internet or, if applicable, the Customer Network.
• "EE WiFi Web Page" means www.ee-wifi.ee.co.uk or such other URL as EE may from time to time advise.
• "EE WiFi Partner" means a third party that owns or controls a Site which has EE's public WiFi service installed on it. These third party Sites (or "hotspots") are listed on the EE WiFi Web Page.
• "Helpdesk" means our contact point for fault reporting and service support.
• "Hotspot" means the radio access point you are connecting to on a Site.
• "Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite.
• "IP" means Internet Protocol.
• "LAN" means local area network.
• "Minimum Period" means the period set out on the Order Form beginning on the Operational Service Date or any other minimum period specified on the Order Form. The Minimum Period shall not apply when you are purchasing the voucher or per-minute Service.
• "Operational Service Date" means the date when the Service is first made available to you or the date when you first start to use the Service, whichever is the earlier.
• "Order Form" means the paper form signed by both parties for the provision of Service or the online ordering process completed by you for provision of Service.
• "Service" means the service described in section 3 of these terms and conditions.
• "Service Schedule" means the schedule incorporated into these terms that set out the Service that shall be provided to you.
• "Site" means each physical location which has the radio access points offering the Service.
• "URL" means a uniform resource locator.
• "User" means individual users registered by you for the Service.

Commencement of this contract

1. This Contract begins on the Operational Service Date, or the date upon which you have completed the online ordering process and we have accepted payment for the Service, whichever is the earlier.

Service Description

1. EE WiFi is a wireless data service using radio frequency to access a site. Fixed line connections from the Site connect the Customer to the EE Network and subsequently on to the Internet.
2. The Service includes connection to the EE Network and the Internet but does not include a connection from the EE Network to any Customer Network or any services once you are connected to the Internet. Access to the Service and the Internet is provided under several different access products, which can be bought by you on the EE WiFi webpage or a Branded Landing Page and are outlined in Section 4 Access Products.
3. When you are located within the radio frequency coverage area of a Site you may connect to the Service using your computing equipment, and when applicable, by using a login name and password. From time to time EE may seek to restrict access to or respond to a request from a BT Wi-Fi Partner to restrict access to a limited number of websites at an BT Site. The implementation of any restricted access to a website will be at BT's sole discretion.
4. The Service is dependent on the suitability of your computing equipment and, if applicable, the Customer Network. Your computing equipment or the Customer Network is not provided as part of this Service.
5. Due to the nature of the Service, you acknowledge and accept that we do not guarantee the security of the Service against unlawful access or use. You should also ensure adequate internal security policies are implemented to stop unlawful access to or use of the Service.

Access Products

1. The EE WiFi Service can be accessed using the following Access Products:
2. EE WiFi Vouchers — One time purchase of a voucher gives the Customer access to the Service for a limited duration — 1 hour, 1 day, 5 days or 30 days. Vouchers can be purchased via the ee-wifi.ee.co.uk website or a Branded Landing Page. Charges for EE WiFi Vouchers are set out in the Charges Schedule.
3. Sponsored Access — Sponsored Access venues are where the BT Wi-Fi Partner has made the Service available at no cost to the Customer. Customers may need to register for the Service to enable them to connect, but no payment will be required. The Service is provided free of charge in consideration of the Customer agreeing that we may share their Service usage data with our Site partner and/or us placing any advertising or promotions on the login page of the Service and/or sending the Customer email marketing communications about the other products and services we provide.
4. EE or BT Broadband Customer — Where a Customer is a new EE or a BT Broadband Customer, they will be able to use their EEID or BTID and password to log onto the EE WiFi service at no additional cost.

Provision of the service

1. We will provide the Service to the Customer under the terms of this Contract.
2. The Service does not include a connection from our network to any third party network or Customer Network, nor do we guarantee you can access any specific websites via our network. We do not provide you with any computer equipment to access the service or the internet.
3. We will use reasonable endeavours to provide the Service by the date agreed with the Customer, but all dates are estimates and we have no liability for any failure to meet any date.
4. At selected Hotspots you may be asked to register your wireless enabled device at that Hotspot. This will allow BT to record your device's wireless interface MAC address and then use it to auto-connect your device, whenever your device connects to our WLAN equipment at a participating Hotspot without you having to re-register at that Hotspot. We will retain your MAC address for a period of no more than 6 months from when your registered device was last seen at a participating Hotspot unless you have already opted out from the auto log in service.
5. For Customers who are using the Access Products at 4.4 (Sponsored Access), BT is the Data Controller and, in some circumstances, we use Purple Wifi Limited as Data Processor. Any processing of personal data will be carried out in accordance with our privacy policy, a copy of which can be found here - https://bt.com/privacypolicy
6. Some EE WiFi products allow the simultaneous connection of no more than:
   • 5 devices — EE WiFi Voucher products
7. We will provide the Service with the reasonable skill and care of a competent telecommunications service provider.
8. We will use reasonable efforts to provide uninterrupted Service but from time to time faults may occur, which EE will repair as soon as reasonably practicable.
9. Occasionally we may:
   • for operational reasons, change the codes or the numbers used by us for the provision of the Service or the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service;
   • give you instructions which we believe are necessary for reasons of health, safety, security or the quality of any telecommunications service provided by us to you or any other customer; or
   • temporarily suspend the Service because of an emergency or for operational maintenance or improvements. Service will be restored as soon as reasonably practicable.
   Before doing any of these things we will give you as much notice as reasonably possible.

Duration

1. The service starts when you access it using the "free WiFi" button on one of the relevant Branded Landing Pages or when you enter the correct password when logging on at a Hotspot. The length of time that you will be allowed to access the service free of charge at a Hotspot may vary.
2. The Service will continue for the period of time notified to you during the online ordering process and will vary depending on what type of product you have purchased from us. For EE Broadband Customer and BT Broadband Customers, there is no restriction to the length of time that you will be able to access the service.
3. For our EE WiFi Voucher products (as set out in condition 4.2):
   • Vouchers are purchased with a set duration measured in minutes e.g., 1 day voucher = 1440 minutes
   • The duration used against a voucher starts to count down in minutes, from activation.
   • Activation occurs immediately when a voucher is purchased through an EE WiFi hotspot. A voucher purchased on any other internet connection (home broadband, mobile data etc) will not be activated until a customer activates it by logging in through an EE WiFi hotspot.
   • Once activated, the voucher minutes will continue to count down regardless if a user device is connected or not and regardless of how many devices are connected, up to a maximum of 5 devices.

Connection of equipment to the service

1. You must ensure that any equipment:
   • connected to or used with the Service must be connected and used in accordance with any applicable instructions, safety and security procedures; and
   • attached (directly or indirectly) to the Service is compliant with any relevant legislation.

Access to sites and the Service

1. We do not authorise or guarantee access to any of the Sites for you to use the Service or guarantee that Service will continue to be available from a specific Site.
2. We cannot guarantee access to the Service at a Site or all areas of the Sites, as the network coverage at the Site will be proportionate to the number of WiFi access points, their location and the environment in which they are installed, atmospheric and radio interference and any technical limitations applicable to our equipment or your equipment.
3. In order to provide our customer with a positive internet experience at certain Hotspots, some BT Wi-Fi Partners and BT have chosen to block some website addresses (also known as URLs). If you try to access a blocked website address at a Hotspot, then the service will not allow you to access that website but will still allow you to access other websites during your internet session.

Use of the Service

1. It is your responsibility to obtain and keep in force any licence necessary for you to use the Service in any country in which it is provided.
2. The Service must not be used in any way that:
   • does not comply with the terms of any legislation or any licence applicable to the you or that is in any way unlawful;
   • does not comply with any instructions given under conditions 5.8 and 7.1 or any other public telecommunications operator or other competent authority, in any country where the Service is provided;
   • breaks any law or the conditions of any licence or rights of others, or our acceptable use policy which we may amend from time to time and can be found on the website at https://www.bt.com/terms/acceptableuse.html;
   • is offensive, indecent, menacing, nuisance or hoax calls or to cause annoyance, inconvenience or needless anxiety;
   • is to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing; or
   • we reasonably think is, or is likely to, adversely affect how we provide the service to you or any of our customers, including but not limited to trying to circumvent the website address blocking functionality to access blocked websites at the hotspot.
3. You must indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because the Service is used in breach of conditions 9.1 or 9.2.
4. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings and have due regard to your representations.
5. EE WiFi is not a replacement to a fixed line service with broadband which carries different levels of service as EE WiFi cannot guarantee a connection and or consistent speeds.

Intellectual property rights

1. Where software is provided to enable you to use the Service, we grant you a non-exclusive, non-transferable licence to use the software for that purpose.
2. You will not, without our prior written consent, copy, decompile or modify the software, nor copy the manuals or documentation (except as permitted by law).
3. You will sign any agreement reasonably required by the owner of the copyright in the software to protect the owner's interest in that software.

Intellectual property rights - Indemnity

1. We will indemnify you against any claims and proceedings arising from infringement of any intellectual property rights through our provision of the Service to you. As a condition of this indemnity, you must:
   • notify us promptly in writing of any allegation of infringement;
   • make no admission relating to the infringement;
   • allow us to conduct all negotiations and proceedings in respect of any such claims and give us all reasonable assistance in doing so (we will pay your reasonable expenses for such assistance); and
   • allow us to modify the Service, or any item provided as part of the Service, as set out in condition 11.4.
2. The indemnity in condition 11.1 does not apply to infringements caused by the use of the Service in conjunction with other equipment, software or services not supplied by us or to infringements caused by designs or specifications made by, or on behalf of you. You will indemnify us against all claims, proceedings and expenses arising from such infringements.
3. The limitations and exclusions of liability contained in condition 14 do not apply to this section 11.
4. If the Service becomes, or we believe it is likely to become, the subject of a claim of infringement of any Intellectual Property Rights we, at our option and expense, may secure for you a right of continued use or modify or replace the Service so that it is no longer infringing, provided that the modification or replacement does not materially affect the performance of the Service. If the indemnity in condition 11.1 applies and none of the remedies in this condition is available to us on reasonable terms, we may notify you and terminate the Service without liability to you.

Confidentiality

1. The parties will keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under this Contract and will not, without the written consent of the other party, disclose that information to any person (other than, in the case of EE, the employees of a BT Group Company or their suppliers, who need to know the information).
2. This condition 12 will not apply to:
   • any information which has been published other than through a breach of this Contract;
   • information lawfully in the possession of the recipient before the disclosure under this Contract took place;
   • information obtained from a third party who is free to disclose it; and
   • information which a party is requested to disclose and, if it did not, could be required to do so by law.
3. This condition 12 will remain in effect for 2 years after the termination of this Contract.

Charges and Deposits

1. The charges for the Service will be calculated in accordance with the Charges Schedule. Unless otherwise stated, charging will begin on the Operational Service Date. Charges for use of the Service will be calculated in accordance with the details recorded by, or on behalf of us. For EE Broadband and BT Broadband Customers there will be no Charge associated with using the Service.
2. All charges will be invoiced and paid in pounds sterling unless otherwise stated in the Charges Schedule. Value Added Tax or any other applicable in country sales, use tax or like charge in a country where the Service is provided, which is payable by the Customer will be added to our invoices as appropriate.

Limitation of liability

1. Unfortunately, we cannot guarantee that the Service or the Equipment we provide will never be faulty.
2. We do not guarantee that the Service will be compatible with all hardware and software which you use.
3. We shall not be liable for suspending the Service in accordance with condition 5.8.
4. Neither you nor we exclude or restrict your or our liability for death or personal injury caused by yours and our own negligence or the negligence of our employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or to any extent not permitted by law.
5. Unless otherwise expressly stated in the Contract neither party shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any direct loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other direct loss which may arise in relation to the Contract whether or not you or us were advised in advance of the possibility of such loss or damage.
6. Except as described in conditions 14.1 & 14.2, we will not pay you more than 125% of the charges you paid us or £1000 (whichever is the greater) in compensation (even if we have been negligent) in any 12-month period unless the Contract says otherwise.
7. Each part of this section 14 operates separately. If any part of a condition is held by a Court to be unreasonable or inapplicable the rest of the condition shall continue to apply.
8. Except for website address blocking described in condition 8.3, you accept that we have no control over the information transmitted via the service. We have no obligation to compensate you for such information and such use.

Matters beyond the reasonable control of either party

1. If you or we are unable to perform or are delayed in performing any obligation under the Contract because of something beyond its reasonable control including act of God, lightening, flood, exceptionally severe weather, epidemic, pandemic, fire, explosion, war, civil disorder, industrial disputes, or acts or omissions of local or central government or other competent authorities, or beyond the reasonable control of its suppliers, neither of the parties will have liability to the other for the failure of delay in performing.
2. In the event of:
   • a refusal or delay by a third party to supply a telecommunications service to BT and where there is no alternative service available at reasonable cost; or
   • the imposition of restrictions of a legal or regulatory nature which prevent EE from supplying the Service then EE will have no liability to the Customer for failure to supply the Service.
3. If any of the events detailed in condition 15.1 or 15.2 continue for more than 3 months either party may serve notice on the other terminating this Contract.

Escalation and dispute resolution

1. We will try to work through any disputes that you may have with us. However, if we cannot do this, you may refer the matter to any relevant service that handles disputes.

Delivery of the Service

1. Depending on the access product bought by you, we may provide you with login names and passwords or PIN codes to use the Service.

Fault Reporting

1. We will provide a Helpdesk for the reporting of faults in the Service. The hours of availability of the Helpdesk will be as published at the EE WiFi Web Page. Upon initial fault diagnosis by us, those faults that, in our opinion, are not attributable to the Service will be referred back to the person who reported the fault.
2. We will take all reasonable steps to ensure that the Service meets an acceptable service standard, but no specific guarantees of service standards are offered in respect of the Service. In particular we offer no guarantee or warranty for the performance of the radio signal, the Internet or the Customer Network.

Access Products

1. You are responsible at your own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN and associated software and configurations for use with the Service.
2. You are responsible for the security and proper use of all login names and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. You agree that some software or equipment will not work with the Service and that it is your responsibility to ensure that you use equipment and software which is compatible with the Service.
3. You must immediately inform us if there is any reason to believe that a login name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in a manner not authorised by us.
4. We reserve the right to suspend login names and password access to the Service if at any time we consider that there is or is likely to be a breach of security.
5. We reserve the right (at our sole discretion) to require you to change any or all of the passwords used by you in connection with the Service.
6. You must immediately inform us of any changes to the information you supplied when registering for the Service.
7. The Service does not prevent you implementing additional security e.g., firewalls on your equipment or networks.

Use of the Service

1. The Service must not be used:
   • to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
   • to cause annoyance, inconvenience or needless anxiety;
   • to send or provide or receive unsolicited advertising or promotional material;
   • other than in accordance with the Acceptable Use Policy, the acceptable use policies of any connected networks and the Internet standards; or
2. If you or anyone else, with or without your knowledge or approval, uses the Service:
   • in contravention of condition 4.1 of this Service Schedule; or
   • in any way which, in our opinion, is, or is likely to be, detrimental to the provision of the Service to you or any other customer and fails to take corrective action within a reasonable period of receiving notice from us,
   we may treat this as a material breach of the Contract.
3. You acknowledge that we have no control over the information transmitted via the Service and that we do not examine the use to which customers put the Service or the nature of the information they are sending or receiving. We exclude all liability of any kind in relation to such information and use.
4. The Service and any associated software that we provide are intended for your own use only. You must not re-sell, transfer, assign or sub-licence the Service (or any part of it) or the associated software to anyone else.
5. Subject to condition 14 of the Contract, we are not liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications or Internet services (including internet registration authorities) or for faults in or failures of their equipment.

Charges for the EE WiFi Voucher Service using credit or debit card

1. You must pay in advance via credit card, debit card, Apple Pay or PayPal the charges for the Service option selected online at the EE WiFi Web Page and this forms part of the Contract.