RABBIIT has now ceased taking new applications.

The Terms and conditions listed below are those in place when the project closed for applications on 31 August 2006 and are provided for information only – no new applications will be accepted.

Businesses based in the West Midlands should contact WMNC on www.powerofbroadband.co.uk for details of assistance still available in the West Midlands Area.

If you wish to contact us please see the details on our contact page...

Terms and Conditions:

1. In this Agreement, the following words shall mean:

"we", "our", "us" [Rabbit] whose address for service is at Regus House, Central Boulevard, Blythe Valley Park, Solihull, West Midlands, B90 8AG;

"you", "your" the person or organization making an application for the provision of an Award;

"ADSL" Asymmetric Digital Subscriber Line;

"Agreement" these terms and conditions including the Application;

"Application" the online or paper application form completed by you to apply for the Award and submitted in accordance with these terms and conditions;

"Assessments" the assessments sent by us to you from time to time requesting information from you as to your use and opinion of the Services;

"Award" the funding (excluding VAT) provided by us to you pursuant to this Agreement;

"De minimis
Regulations" EC Regulation 69/2001 - details of which can be found at www.dti.gov.uk/europe/stateaid/02.htm

"Exit Assessment" the Assessment sent by us to you on termination of this Agreement for whatever reason;

"Members" the organisations and individuals set out at www.rabbit-broadband.org.uk/about/members.asp as may be amended from time to time together with local and central government;

"Premises" your principle place of business as set out in the Application – or the installation address as set out in the Application;

"Suppliers" the suppliers who have provided information about their Services to us - details of which are available online at www.rabbit-broadband.org.uk ;

"Services" the provision of a high speed internet connection broadly similar to ADSL.
1.2 All references in this Agreement to the singular shall mean the plural and vice versa, all references to person shall include companies, partnerships and other organizations and all references to the masculine shall include the feminine and neuter and vice versa.

2. Submitting your Application

2.1 You may submit your Application by either clicking on the "How to apply to join" tab, under "Consumers" on this web site or alternatively by printing off the Application and posting it to Tim Watton, Programme Manager, RABBIT, Cyprus Consulting (UK) Ltd, 25 Towers Close, Kenilworth, Warwickshire, CV8 1FG – to arrive by close of play on 31 August 2006:

2.2 We will consider your Application as soon as reasonably possible after receipt of the same. Time shall not, however, be of the essence. We will notify you in writing if your Application has been approved or not.

2.2.1 Government funding regulations prohibit retrospective funding - therefore you must not, at the time of placing the application, have placed an order for, or installed the proposed broadband product or service. Also you must not place such an order or allow an installation to take place until after you have received an offer of assistance from us. If an order is placed or an installation carried out at any time prior to our approval then funding will not be given, and any offer of assistance will be void.

2.3 By submitting the Application to us you confirm:

2.3.1 that your business is located and you will operate the Services from one of the approved regions. Details of the approved regions can be obtained from www.rabbit-broadband.org.uk or by Contacting the Programme Manager using the details provided on the contact page – www.rabbit-broadband.org.uk/contact :

2.3.2 that your Premises are in an area which is inaccessible for an ADSL service appropriate to your business needs. Details as to whether your Premises is an ADSL area can be obtained by visiting www.bt.com/broadband or by telephoning 0800 389 2341.

2.3.3 that cable modem internet access is not available to you at the Premises;

2.3.4 that you have not had an application for an Award refused within the last three (3) months.

2.4 Our decision as to whether to approve or reject your Application is entirely at our discretion. You accept that you will not have a right to appeal.:

3. Your obligations

You acknowledge and agree:

3.1 that any Award is subject to the De minimis Regulations. In particular you must retain this Agreement for 3 years from the date of your Application and produce it on any request by the UK public authorities or the European Commission;

3.2 that the amount of funds available as an Award is limited and so the decision on whether to approve your Application or not shall be entirely at our discretion;

3.3 that we may reject any Application without further consideration if we have reason to believe that it is either incomplete or inaccurate. In the event that you do not know which Supplier or type of broadband service you are going to use at the time of completing your Application then you may leave this blank when submitting the Application. You must, however, provide this information as soon as possible and in any event Award will not be awarded until such information has been provided;

3.4 that we may in order to properly consider your Application require further information from you. We shall notify you of any request and you shall submit such information within such period as is set out in the request or within [28] days from the date of the request in the absence of any stated period. In the event that you fail to submit such information within the stipulated time period then we reserve the right to refuse your Application without further consideration;

3.5 that the amount of Award awarded to you (if successful) is entirely at our discretion. You shall be responsible for all additional charges incurred (including without limit the charges relating to the Supplier) above and beyond the Award;

3.6 that you will only use the Award to pay towards the direct cost of the Services;

3.7 that you will notify us of any changes in your circumstances which would mean that you are no longer eligible for a Award;

3.8 that you will inform us of any complaints or concerns you have in respect of the Supplier;

3.9 that you will forthwith upon request provide us with such documentation or evidentiary proof as we may reasonably request in order to confirm that you have complied with the provisions of this Agreement;

3.10 that you will properly complete and return to us as soon as reasonably possible (but in any event within 14 days of receiving the same) the Assessments (including without limit the Exit Assessment) for the duration of this Agreement;

3.11 that you will upon reasonable notice allow us access to the Premises and to such records and/or documentation as we may reasonably request so as to ensure your compliance with this Agreement;

3.12 that you will co-operate in a timely and efficient manner with all requests for information from us including without limit face to face discussions at your Premises;

3.13 that it is your responsibility to ensure that the Services provided by the Supplier are suitable for your business needs. You are responsible for arranging the implementation, configuration and installation of the Service;

3.14 You further confirm

3.14.1 that you are not and will not use the Services for any illegal or immoral purpose including without limit the provision or access to pornography or to information which will or is likely to incite racial or religious hatred;

3.14.2 that you are a commercial enterprise whose principal place of business is the Premises – and that if the installation address is different it is also a place of business used by you;

3.14.3 that your Premises are in an area which is not ADSL active, or if Active your Premises are beyond the reach of a suitable service;

3.14.4 that you are duly authorised to agree to these terms and conditions on behalf of the organisation detailed in the Application;

3.14.5 that you have not as at the date of your Application received in aggregate over the last three years grants or loans from any local or central government source including organisations regulated under the De minimis Regulations in excess of 100,000 euros inclusive of VAT (or any equivalent tax) in respect of the Services nor have you applied (including this Application) for such grant or loan which may result in you exceeding such amount;

3.14.6 that you will maintain detailed records of your use of the Services including without limit details of any subsequent government grants;

3.14.7 that we may forward the information provided in your Application to the Suppliers and to the Members , and other entities for the purpose of providing assistance, assessing and reviewing the Award and the Services;

3.14.8 that you will notify us in writing of the proposed installation date;

3.14.9 that the agreement between you and the Supplier in respect of the Services shall be of no less than 12 months duration from the date of installation;

3.14.10 that you will ensure that the Services are fully implemented and claimed for by 30 November 2006 – but will only commence implementation once you have received a letter from us confirming approval of your Application;

3.14.11 that you will use any funds supplied only for the service and supply specified in writing by us.

3.15 You will immediately repay the Award to us (in part or whole at our absolute discretion) if it should transpire that you have breached any of the terms of this Agreement.

3.16 That it is your responsibility to ensure that you have agreed (and are satisfied with) with the Supplier the terms for the provision of the Services.

3.17 That you and your employees, agents and sub-contractors do not and will not use any Award (or part of it) for the purpose of supporting directly or indirectly any organisation or activity which is likely to bring us or any of Suppliers or our partners into disrepute or which supports any political party, organisation or activity;

3.18 You will not nor will you encourage any third party to make use of any logos, product names and accreditations of either us or any of Suppliers or our partners in any way whatsoever without our prior written consent.

4. Our Obligations

4.1 Subject to your compliance with this Agreement and our approval of your Application, we shall provide to you the Award.

4.2 Subject to clause 4.4 the Award will be supplied by a single payment to you. Such payments shall be made by us (or such third party as we may instruct) by standing order, electronic transfer or cheque (as we may in our discretion decide) upon receipt of a valid invoice from the Supplier in respect of the Services.

4.3 We reserve the right to suspend or terminate or rearrange any payment in respect of the Award made to you if you should breach this Agreement (for whatever reason).

4.4 We reserve the right to pay any Award by instalments. Such instalments to be at intervals and amounts as decided by us.

5. Warranties and Guarantees

Save as required by law we do not warrant or guarantee:

5.1 that your Application will be successful;

5.2 as to the type, level or quality of the services provided by the Suppliers. Nor do we guarantee that the Services will be error or virus free or secure. The choice of Supplier is entirely your own decision and we waive (and you accept) any liability for any loss, claim, damage or expense incurred (directly or indirectly and including any consequential loss.

5.3 the Services against failure of performance due to failure of any telecommunication system. We disclaim and you waive all other warranties, express or implied, with respect to the Services and/or our obligations under this Agreement, arising by law or otherwise, including, without limitation any obligation, liability, right, remedy, claim in tort, notwithstanding any fault, negligence, strict liability or product or service liability of us (whether express or implied).

6. Termination

6.1 We may forthwith terminate this Agreement at anytime if you:

6.1.1 should fail to comply with any term of this Agreement;

6.1.2 become insolvent and unable to pay your debts, bankrupt or placed in the hands of a receiver or administrator or wound up.

6.2 In the event of termination of this Agreement for whatever reason you shall forthwith repay any part of the Award which has not been paid to the Supplier as at the date of termination.

6.3 In the event of termination of this Agreement arising from your breach of the terms hereunder you shall forthwith repay the Award in full to us.

7. General

7.1 You acknowledge that save for death or personal injury the following provision reflects a fair allocation of risk. Our exclusive remedy for default by us hereunder shall be to the amount of any unpaid Award (if any).

7.2 The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit or waive either party's rights thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

7.3 Any notice required or permitted by this Agreement shall be in writing (which shall for the avoidance of doubt include electronic transmission) and shall be deemed sufficient when delivered:

7.3.1 forty eight (48) hours after being deposited in the regular mail as certified or registered mail with postage prepaid; or

7.3.2 forthwith upon receiving confirmation from the receiving party either by facsimile, electronic transmission or by post.

7.4 This Agreement shall be binding upon and inure to the benefit of the successors and assignees of the parties. Either party may assign its rights or obligations hereunder at anytime.

7.5 This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

7.6 If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith, in order to maintain the economic position enjoyed by each party as close as possible to that under the provision rendered unenforceable.

7.7 In the event of any conflict of any instructions or requests by the host provider or the agency under this Agreement then the instructions or request of the agency shall prevail.

7.8 This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and all prior agreements with respect thereto are superceded. No amendment or modification hereof shall be binding unless in writing and duly executed by both parties.

7.9 Rabbit uses pixels, or transparent GIF files, to help manage online advertising. These GIF files are provided by our ad management partner, DoubleClick. These files enable DoubleClick to recognize a unique cookie on your Web browser, which in turn enables us to learn which advertisements bring users to our website. The cookie was placed by us, or by another advertiser who works with DoubleClick. With both cookies and Spotlight technology, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address. For more information about DoubleClick, including information about how to opt out of these technologies, go to http://www.doubleclick.net/us/corporate/privacy.

You must accept these terms and conditions before you can apply on-line.