Terms for Residential Services
These terms and conditions are effective from 21 September 2020
These are the terms and conditions on which we supply residential services to you (if we are supplying residential services to you this will be clearly identified in your Order Confirmation).
These terms and conditions are intended to apply to you if you are:
(a) a consumer. You are a consumer if: i) you are an individual; and ii) you are buying the Services (as defined below) from us wholly or mainly for purposes which are outside your trade, business, craft or profession);
(b) a home worker. You are a home worker if you wholly or mainly use the Services to work for your employer at your home address;
(c) an employer of a home worker. You are an employer of a home worker if you purchase the Services for an employee to use at their home address; or
a small business. For these purposes you are a small business if you have 10 or less employees.
(d) If you do not fall within one of the above categories, it is likely that you are a business that needs to purchase one of our non-residential services.
By ordering our Services, you hereby confirm that you fall within one of (a), (b), (c) or (d) above. If you order a Home Service (as defined below), you hereby confirm that you fall within paragraph (a) above. If either of these confirmations are not correct, please let us know. If you fail to let us know, these terms will still apply to you.
In some areas you will have different rights under these terms depending on whether you have ordered a home service (a “Home Service”) or a home business service (a “Home Business Service”). The name of the Service you have ordered will indicate whether it is a Home Service or a Home Business Service (and will be clearly identified in your Order Confirmation).
Please read these terms carefully. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the Contract (as defined below), what to do if there is a problem and other important information.
We are Swish Fibre Limited (a company incorporated in England and Wales with company registration number 11486930 and whose registered office is at 6th Floor 33 Holborn, London, England, EC1N 2HT) or, as the case may be, a subsidiary company of Swish Fibre Limited. Where you have contracted with a subsidiary of Swish Fibre Limited, this will be clearly set out in your Order Confirmation (as defined below), along with the name and registered office address of such subsidiary.
You are our customer and your name and contact details will be as set out on your Order Confirmation. The address for delivery of the Services is the address stated on the Order Confirmation. You will be responsible for paying the charges for our Services in accordance with these terms.
How to contact us. You can contact us by telephoning our Customer Care Team on 0800 0489 415, by contacting us through any app we operate from time to time, by emailing us at firstname.lastname@example.org or by writing to us at our business address, which is as specified on our Website (as defined below) from time to time.
How we may contact you. If we need to contact you regarding your Services, we will do so by phone, by writing to you at the email address or postal address you provided to us in your order or through any app we operate from time to time. We may send customer service announcements to you by email, SMS text message or through any app we operate from time to time. Please ensure that you tell us immediately if any of your contact details change.
In these terms and conditions:
"Acceptable Use Policy" means our acceptable use policy which is available on our Website.
"Activation Date" means the date on which we activate your Services pursuant to clause 2.12 below.
“Broadband Services” means the service provided by us to you whereby you gain direct access to the internet via fibre optic cables, as more particularly detailed in your Order Confirmation.
"Minimum Term" means any minimum term which may be applicable to your Contract if you have ordered a Home Business Service, as specified in your Order Confirmation.
"Order Confirmation" means the order confirmation that we email over to you when we accept your order. (your “Initial Order Confirmation”), as may be amended from time to time by any additional order confirmations that we provide to you (each a “Change Order Confirmation”), e.g. where you order additional Services from us in accordance with Clause 8.1.
“Price List” means the price list for residential services which is available on our Website (entitled “Charges and fees for Residential Services”).
"Service Level Agreement" means any service level agreement or arrangement that we have agreed to in relation to the provision of the Services, as may be set out on our Website from time to time.
"Services" means our Broadband Services and/or Voice Services (as the case may be).
“Termination Charge" means such amounts as may be detailed in the Price List, or, if no amounts are so detailed in the Price List, reasonable compensation in respect of the losses, costs, charges and/or expenses we may incur as a result of (i) us terminating the Contract as a result of your breach; or (ii) as a result of your terminating the Contract during the Minimum Term (as applicable); which may include (but are not limited to) administration costs, the costs of installation (to the extent not already paid for by you), and any loss of profits.
"terms and conditions" or "terms" means these terms and conditions.
“Voice Services” means the call forwarding services provided by us (either directly or through a third party) to you, to divert incoming calls to a mobile or landline of your choice. At this time, the Voice Services do not include the ability to make any outbound calls.
“Website” means our website at www.swishfibre.com or any replacement website notified to you in accordance with these terms and conditions.
"writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails, SMS text messages and any messages sent through any app we operate from time to time.
“working days”. Where we use the phrase “working days” this excludes Saturdays, Sundays and public holidays.
In these terms and conditions any reference to a contract, a policy or any other document, means that contract, policy or other document as updated from time to time.
1. Our Contract
1.1 How to place an order for our Services. Eligible persons can order our Services through our Website (or, where applicable, through one of our representatives in person or by phone, or through any app we operate from time to time). We can only accept orders for areas where our Services are available or, as we continue to build our network, are about to be available. We will notify you if our Services are not available in your area at the time when you place your order or as soon as possible thereafter.
1.2 How we will accept your order. Our acceptance of your order will take place when we email your Initial Order Confirmation to you at which point a Contract will come into existence between you and us. Changes to your order will take place when we email you a Change Order Confirmation.
1.3 What you have ordered. Your Order Confirmation contains all the details of the Services you have ordered which we agree to supply to you in accordance with these terms.
1.4 Contract Term. If you have ordered a Home Service, your Services will start on the Activation Date and will automatically continue on a monthly basis, unless and until you or we end the Contract in accordance with these terms. See clauses 9 and 11 below for how you or we may end this Contract.
1.5 Contract Term. If you have ordered a Home Business Service. If you have ordered a Home Business Service, your Services will start on the Activation Date. In addition, your Contract with us may be subject to a Minimum Term which will be communicated or notified to you before you place your order and will also be shown on your Order Confirmation. Any such Minimum Term will start either from (a) the date specified in the Initial Order Confirmation (for new orders); or (b) the date specified in the Change Order Confirmation (for changes and upgrades). You must keep and pay for all of the Services ordered for the whole of the agreed Minimum Term. Failure to do so may result in us charging you certain amounts in accordance with these terms. We will contact you at least two months before the end of your Minimum Term to let you know that the Minimum Term is coming to an end. Your Services will automatically continue on a monthly basis after expiry of the Minimum Term, unless and until you or we end the Contract in accordance with these terms. See clauses 9 and 11 below for how you or we may end this Contract.
1.6 Your right to cancel within 14 days. You have the right to cancel your order by contacting us within 14 days of the Initial Order Confirmation being sent to you. You can do this by contacting our Customer Care Team (see “How to contact us” above for details on how to get in touch). Please note that if you have requested activation of your Services within the 14 day cancellation period and:
(a) we have started to provide the Services to you, you will have to pay us for (i) all installation, activation and other upfront fees as set out in the Initial Order Confirmation (and where such fees have already been paid, you will not be entitled to a refund); and (ii) the cost of any Services you have received up to the point when you notify us of cancellation (calculated on a pro rata basis, given that the Services will not have been received for the full month); or
(b) we have not started to provide the Services to you but an engineer has attended your property for the purposes of the installation, we may charge you reasonable compensation for any costs we are entitled to charge under clause 2.
If we have provided you with any equipment to connect to our Services, you must upon request return and pay for the costs of return of that equipment to us within 14 days of cancelling the Contract. If you fail to do so, we may charge you for the cost of any such equipment, at the price set out in our Price List. The Contract will not end until you have returned the equipment to us (unless we have waived our right to receive the equipment).
1.7 Your customer number. We will assign a customer number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the customer number whenever you contact us.
1.8 We only operate in the UK. Our Website and marketing material is solely for the promotion of our Services in the UK.
2. Service Installation & Activation
2.1 Consents and Permissions. If you are the freehold owner of the property, you agree to allow us to access your property to enable us to provide the Services. You will also be responsible for obtaining any other licences, consents and permissions required to enable us to install, activate, inspect, maintain, alter, repair or otherwise provide the Services to you under the Contract. If you are a tenant of the property, you must have consent from the freehold owner, landlord, and/or agent managing the property and you must procure that the freehold owner, landlord, and/or agent managing the property obtains any other licences, consents and permissions required to enable us to install, activate, inspect, maintain, alter, repair or otherwise provide the Services to you under the Contract. If you are a tenant, please let us know. We may require you (and any freehold owner, landlord and/or agent managing the property) to enter into an additional agreement with us to provide us with the necessary permissions and access rights to the property to provide the Services.
By ordering the Services from us, you are confirming that you or any applicable third party have obtained any licences, consents and permissions necessary for us to provide the Services at the property and you acknowledge that we are relying on this confirmation in providing the Services to you. You acknowledge that if you or any applicable third party fail to obtain and maintain all of the relevant licences, consents and permissions then we will not be obliged to provide the Services at the property, we may terminate this Contract in accordance with clause 11.1(j) and, in addition to the compensation as set out in clause 11.2, we will be entitled to recover from you any costs, expenses and other liabilities that we may incur as a result of or in relation to any claims brought against us and/or damages sought as a result of your or any applicable third party's failure to obtain any such licences, consents and/or permissions.
2.2 We will contact you to arrange the network installation. When the connection point near your property is live, we will contact you to arrange for one of our installation engineers to install and configure the equipment you need to use our Services at a time which suits you (subject to the limitations set out in clause 2.6 below). All installation engineers work to our agreed standards, using approved equipment. Unless otherwise specified in these terms (particularly in clauses 2.5 and 2.6 below) or otherwise agreed with you, our installation and activation services will be charged at the price for a standard installation set out in our Price List (or as otherwise set out in the Order Confirmation). In the event you decide to use your own router, configuration of the router is outside the scope of the Services.
2.4 Access to your property. You agree to allow us to access your property in order to install and activate the Services and to otherwise provide the Services to you. If you do not allow us to access your property and to install and activate the Services as arranged or if there is no one over the age of 18 present at the property, the installation may be cancelled. We will contact you to try and re-arrange another installation at your property but if despite our reasonable efforts we are unable to contact you or re-arrange access, we may terminate this Contract and shall be entitled to recover from you reasonable compensation for any costs we may have incurred to date in relation to your Contract (including any engineer call out time, as per the Price List).
2.5 Non-standard installations. These are bespoke installation projects which have specific requirements because of the length of the access route or surfaces which require special techniques to dig and re-instate. Non-standard installations are sometimes outside the scope of our standard installation service and will require a separate on-site visit by an installation engineer who will prepare a written estimate of the installation cost. If applicable, we will discuss the installation cost with you before we accept your order and before the installation can commence. If you agree to go ahead with the installation, the installation charges will be confirmed to you in writing and once the network is installed then our Services can be delivered to you according to your order.
2.6 Weekend Installations. Our installation engineers are typically able to arrange appointments between 9am – 4pm, Monday to Friday. If you do require an installation at the weekend or outside normal working hours, we may be able to arrange this for a cost which will be notified to you when you arrange your appointment. This cost will be calculated to cover the costs of sending both engineers to you outside of working hours and may depend on the length and complexity of your installation. These charges will be taken upfront when your order is confirmed. For more information please contact our Customer Care Team.
2.7 The installation engineer will carry out a risk assessment before commencing work. If the installation engineer decides that it is not possible to carry out the installation safely, you will be informed and given the opportunity to make alternative arrangements. If despite our reasonable efforts we are unable to contact you or re-arrange access to install and activate the Services, we may terminate this Contract and shall be entitled to recover from you reasonable compensation for any costs we may have incurred to date in relation to your Contract (including any engineer call out time, as per the Price List).
2.8 If you have additional requirements before we commence work. In consultation with you, our installation engineers will determine their preferred installation route and equipment location. If you have additional requirements which makes your installation more costly (including making changes to our preferred installation route or request a location for our internal equipment that requires additional time to install), this may impact any installation charges communicated to you. In such instance we will discuss and agree with you how to proceed and any additional charges which may apply (and where we cannot agree how to proceed and/or any charges that apply, you or we may terminate this Contract and we shall be entitled to recover from you reasonable compensation for any costs we may have incurred to date in relation to your Contract (including any engineer call out time, as per the Price List)).
2.9 Eligibility for a standard installation. If we confirm that you qualify for a standard installation and we subsequently identify that is not the case, we will let you know. In such instance we will discuss and agree with you how to proceed and any charges which may apply. Where we cannot agree how to proceed and/or any charges that apply, you or we may terminate this Contract without cost. We can provide you with a copy of our standard installation criteria on request.
2.10 If problems arise during the installation. The installation engineer will do everything possible to carry out your installation at the arranged time, but if it is not possible to carry out, continue or finish the installation (e.g. because of safety issues or unforeseen complexity such as asbestos or extreme weather), the installation engineer will inform us and will ask you to confirm your acceptance that a further appointment will be required. We may charge you reasonable costs incurred by us in connection with such further appointment (to include engineer call out time, as per the Price List)). If you do not wish to proceed with a further appointment to complete the installation, you or we may terminate this Contract and we may charge you reasonable compensation for any costs we may have incurred trying to complete the installation (including any engineer call out time, as per the Price List). In addition, where you fail to keep to a booked further appointment which prevents us from gaining access to your property to carry out or complete the installation, then we reserve the right to terminate the Contract and charge you for any reasonable costs we may have incurred to date when trying to complete the installation (including any engineer call out time, as per the Price List).
2.11 If you change your mind when our installation engineer is on site. If you change your mind after the initial 14 day cancellation period (when clause 1.6 will apply) but when our installation engineer is on site (either before, during or after the installation), then you or we may terminate this Contract. In such a scenario we may charge you reasonable compensation for any costs we may have incurred to date in relation to your Contract (including any engineer call out time, as per the Price List).
2.12 Activation Date. Once your order is confirmed and the Broadband Services are installed (if applicable) we will activate your Services.
3. Our Voice Services
3.1 Voice Services. If you subscribe to our Voice Services, this will allow you to divert incoming calls to a landline or mobile of your choice. There is no call forwarding to international destinations included in this Service.
3.2 Supply of the Voice Services. We will provide the Voice Services either directly to you or through a third party. If any such third party imposes additional terms which apply to the Voice Services provided to you under the Contract, we will notify you of these in writing as soon as reasonably possible (and any breach of those terms shall be considered a breach of this Contract). If you have any questions about any such additional terms, please contact our Customer Care Team (see “How to contact us” above for details on how to get in touch).
3.3 Equipment. Unless otherwise specified in your Order Confirmation, you are responsible for providing any equipment required to connect to the Voice Services at your own cost and expense.
3.4 Network and Service maintenance. We reserve the right to modify our network and/or system configurations whenever required, in order to provide the Voice Services. We may also, without prior notice, suspend all or part of the Voice Services if, in our reasonable opinion, it is necessary to do so to stop or mitigate any problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer) (see clause 6 below).
3.5 Incoming numbers. If you subscribe to our Voice Services, we will allocate incoming numbers to you on your request. These numbers may be geographic (commencing with 01 or 02) or non-geographic (commencing 03 or 08). At no time do you have any ownership of any allocated incoming numbers even when the number was ported from your landline (see clause 3.6 below). We may change or re-allocate any incoming number, for any reason, during the first seven (7) working days after they have been allocated to you. While we will use reasonable efforts to avoid doing so, and to give you such notice as is possible and reasonable in the circumstances if we intend to do so, we may change the phone numbers or other identifiers allocated to you outside this period. We are not responsible for any costs or losses suffered by you if we do so. You may request new numbers at any time by contacting our Customer Care Team (see “How to contact us” above for details on how to get in touch).
3.6 Number porting. If you sign up to our Voice Services and you request to transfer your existing number from another telephone provider, we will use reasonable endeavours to do this if reasonably practicable and provided that your existing provider agrees to release the number. If it is not reasonably practicable, we will provide you with a new number(s). You acknowledge that where a number is to be ported away from another provider, this may result in termination of the line on which the number was previously allocated. You may also port numbers away from us to other carriers with whom we have porting agreements. We are not able to guarantee the transfer of numbers to other providers as this is dependent on us having a porting agreement with the new provider in question.
3.7 Acceptable Use Policy and unauthorised use. Your use of this Service is subject to your compliance with our Acceptable Use Policy and any limits set out therein (see clause 5.1 below). You must keep access to the Voice Services, and any online management system we may grant you access to as part of the Services, safe from unauthorised use. If you become aware of any unauthorised use, you must notify us immediately and change any password(s) and any other security devices.
3.8 If your Contract with us ends. If your Contract with us ends for any reason, you will automatically, immediately, and irrevocably, lose access to any phone numbers relating to the Service unless you have arranged to port your number away in accordance with clause 3.6.
4. Our charges and your payments
4.1 How we calculate our monthly charges. The amount you pay for our Services depends on the level of Services you have ordered. The amount you will pay will be as shown in your Order Confirmation. Payments must be made by direct debit or such other payment method as may be permitted by us from time to time. Any installation or activation charges will be charged as an additional upfront payment. Your first payment will be taken within 5 working days after the Activation Date and on the same day of each month thereafter (or the next working day if the relevant day is a non-working day). Unless otherwise stated in your Order Confirmation, you will pay for all Services monthly in advance. The charges for some of our Services may be payable in arrears but we will notify you if this is the case at the time.
4.2 Price changes. We may increase our charges each year with effect from any date specified in our Price List to reflect any percentage increase in the Consumer Price Index published by the Office for National Statistics during the previous 12 months. In addition, we may review our charges at any time and change our pricing in accordance with clause 8 below. However, any price changes (except to pass on any changes in VAT under clause 4.4 below) will not apply to Contracts which are still within any Minimum Term.
4.3 Changes, Extras and Upgrades. If you decide to change your Services in accordance with the terms of this Contract, we will tell you what your new monthly charges will be and ask you to confirm that you accept those (see Clause 8.2 below).
4.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the Activation Date, or during the time we are supplying Services to you, we will adjust the rate of VAT that you pay for the Services and show this on your bill. Any such adjustment will not amount to a change which “significantly disadvantages” you for the purposes of clause 8.2 below.
4.5 3rd party charges. We are not responsible or liable for any 3rd party charges from other organisations (such as 3rd party telephone or content providers) which you may incur while using the Services.
4.6 If you do not pay. If you do not pay us for our Services when you are supposed to then we will notify you. If you still do not make payment within 5 days of such notification, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. If payment is still not received 10 days or more after we first notified you that the payment is due we may physically disconnect your Services and end the Contract (and clause 11.2 will apply). We will not suspend the Services or terminate the Contract where you validly dispute an unpaid invoice.
4.7 We can charge interest if you pay late. Without affecting our rights set out in clause 4.6 above, if you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time, together with any reasonable costs incurred by us in collecting such overdue amount. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount and any reasonable costs incurred by us in collecting such overdue amount.
4.8 What to do if you think we have made a mistake in our charges. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue. Once the dispute is resolved, we may charge you interest on correctly invoiced sums from the date the dispute is resolved until the date of actual payment.
5. Using our Services
5.2 Liability for breach of these terms. You agree that you are responsible for all use of the Services under this Contract, whether you gave your permission or not. For example, if someone has access to your home and uses the Services, we would consider them to be within your control and you could be liable for unlawful use such as illegally downloading or transmitting copyright material. You should only allow access to your Wi-Fi and home network to people you trust, and you must accept responsibility for their use of our Services.
5.3 Equipment. Part of the network will run from the boundary of your property, across your private land and into your premises, up to and including the router we provide. The router and any other equipment we supply to you or install in your premises (or otherwise on your property) to connect you to our Services remains our property. You are responsible for maintaining all the equipment we supply to you in good order and in accordance with any instructions that we provide to you. You must not sell it, give it away or use it as security for a loan. You should also ensure that you are aware of the installation route of the network apparatus across your property and draw this to the attention of any third-party doing work on your property. If you report a fault which we trace within your property, we will make an appointment to carry out repairs or replace faulty equipment free of charge but if, in the reasonable opinion of the engineer, the fault was caused by damage to the equipment or the network apparatus not caused by us (or the fault was a result of your own set up, as opposed to faulty equipment), then a charge may be made in accordance with our Price List (and we may charge for both engineer call out time and any equipment). If you or we cancel your Contract then, unless we waive our right to receive the same in writing, any equipment we supply to you to connect the Services must be returned to us in good working order at your cost. If you fail to return any such equipment, or return the equipment in a damaged condition, we may charge you for the cost of any such equipment, at the price set out in our Price List.
5.4 Our rights under the Communications Act 2003. You agree that, at our request, some or all of our equipment placed in your property may remain, including the internal network termination point, irrespective of whether you or any subsequent owner or tenant enters into any subsequent contract with us for services. You should ensure that any future purchaser or tenant is made aware that the property is connected to our network and the location of our equipment.
5.5 If there is a fault on the wider network. When we become aware of a network fault outside your property boundaries, we will use our reasonable endeavours to ensure it is diagnosed and repaired within 1 working day.
5.6 We cannot guarantee fault-free performance. We will use our reasonable endeavours to provide the Broadband Services in accordance with the applicable delivery speeds set out on our Website (or in any applicable Service Level Agreement). However, due to the shared use of networks and factors outside our control such as access to 3rd party content and services, your internet access availability and speed may vary from time to time. In addition, the speed and limitations of Wi-Fi (e.g. your router position, wall thickness, device capability etc) may affect the actual speed that you experience. In larger homes or certain types of building, additional equipment may be required to ensure this bandwidth is available as a Wi-Fi signal throughout the home. This additional equipment can be supplied by us as a service either on the date of the initial order or at a later date. We are not responsible for any reduction in speed caused by your own devices or equipment, for example antivirus software causing slow speeds on a computer or phone. If you are consistently receiving slower speeds than your subscription allows, please contact our Customer Care Team (see “How to contact us” above for details on how to get in touch). Alternatively, in the event the Services include a Service Level Agreement, you will be required to notify us of any faults or service failures using the method set out in the Service Level Agreement.
5.7 Technical support and how to tell us about problems. We will provide you with reasonable technical support which we consider necessary and appropriate in respect of the Services. If you have any problems with our Services or any questions or complaints about our Services, please contact our Customer Care Team (see “How to contact us” above for details on how to get in touch).
5.8 IP addresses. Unless you arrange with us to have a static IP address, the IP address allocated to you may be varied at any time. It will at all times belong to us. You may not sell or agree to transfer the IP address to any person. We grant to you a non-exclusive, non-transferable licence during the term of the Contract to use the IP address while you receive internet access from us which will end if this Contract ends.
5.9 Our Services. We aim to carry out our Services for you with reasonable skill and care. However, we cannot guarantee that our Services will be available at all times, error free and/or without minor defects. You also acknowledge and agree that time shall not be of the essence in respect of any dates or timescales for the performance of our obligations.
5.10 Compliance with laws. We will comply with all applicable laws, regulations and codes of practice when providing the Services to you.
5.11 Provision of information. You agree to provide us with any information that we may require in order to provide the Services to you. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.12 Failure to comply with obligations. If you or we fail to comply with our obligations under the Contract and that directly causes the other party to fail to comply with their obligations under the Contract, the latter's failure will not be treated as a breach of the Contract in such circumstances.
6. Suspending the Services
6.1 Reasons we may suspend the supply of Services to you through no fault of your own.
We may have to suspend the supply of your Services:
(a) to deal with technical problems or make minor technical changes;
(b) to update the Services to reflect changes in relevant laws and regulatory requirements;
(c) to make changes to the Services as requested by you or notified by us to you (see clause 8); and/or
(d) in accordance with clause 3.4 above.
6.2 Where we suspend your Services under clause 6.1, we will do our best to ensure that necessary maintenance and support work is carried out overnight and we will do our best to give you reasonable warning (see “How we may contact you” above) prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency.
6.3 Reasons we may suspend the supply of Services to you because of your actions
We may have to suspend the supply of your Services, where appropriate:
(a) if you materially breach any term of this Contract;
(b) if you do not pay us when you are supposed to (see clause 4.6) or you cancel your direct debit if applicable;
(c) if you use our network or Services in breach of our Acceptable Use Policy or do any of the things described in clause 5.1;
(d) if we suspect that a fraudulent act is being, or may be, made in respect of the Services by you;
(e) if we observe a pattern of unusual usage of the Services which we suspect may indicate potential fraud; and/or
(f) if you breach any laws which apply to your use of our network.
6.4 If we suspend the Services under clause 6.3 you must still pay for the Services during the period of suspension and we may charge you for re-activating your Services at the end of the period of suspension.
6.5 We will try to contact you before suspending the Services but we do not accept any responsibility for any loss you suffer from the suspension.
7. Our responsibilities and limitation of liability
7.1 We are responsible to you for foreseeable losses and damage caused by our negligence. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Contract or our failing to use reasonable care and skill when providing the Services, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process. We are not responsible for any loss or damage to your own equipment caused by the use of our Services to access the internet.
7.2 You are responsible for your own equipment. We are not responsible if you are not able to use the Services because your equipment (for example, any PC, mobile device, network interface card, printer, switch, local area network or other equipment) does not work properly with our Services or because of faults in any 3rd party networks over which we have no responsibility.
7.3 We are not responsible for information passing over our network. We have no control over the data which passes to you or from you over the internet, and we are not responsible for any loss or damage to that data.
7.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services including the right to receive services which are supplied with reasonable skill and care.
7.5 Limit of liability. Subject to clause 7.4, any liability we may have of any sort to you, including any liability due to but not limited to our breach (whether in contract, tort (including negligence) or otherwise) will in no circumstances exceed: (a) for loss of or damage to your physical property, £50,000 in any 12 month period; and (b) in any other case, 150% of the price of the Services to be provided to you over the next 12 months assuming this Contract continues (such 12 month period deemed to commence on the date of the circumstance giving rise to the liability).
7.6 We are not liable for business or consequential losses. We will have no liability to you for any loss of profit, revenues or anticipated savings, loss of business or goodwill (including loss of reputation), any fines, penalties or expenses, business interruption, or loss of business opportunity.
7.7 Events beyond our reasonable control. We are not responsible to you for any delay, failure, damage or loss caused by events or circumstances beyond our reasonable control such as (a) acts of God, inclement weather, storm, flood, drought, lightning or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil commotion or riots, war or armed conflict (actual or threatened); (d) contamination (including chemical or biological); (e) loss, disturbance or shortage of electricity, power or telecommunications services, connections or cables; (f) shortages of materials or equipment; (g) failures or delays within our supply chain (not caused by us); (h) collapse of structures or blockages; (i) fire, explosion or accident; (j) any labour or trade dispute, strikes, industrial action or lockouts; and/or (k) any change in law or action taken by a government or public authority including embargoes.
8. Changes to our Contract
8.1 Your right to make changes. You may make changes to the Services you have ordered through your customer account which you access through the Website, through any app that we operate from time to time or by contacting our Customer Care Team. If the change is possible, we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change, including any changes to your Contract, and you will be given the option to confirm whether or not you wish to go ahead with the change. If you confirm to us that you wish to go ahead with the change, our acceptance of that change will take place when we email your Change Order Confirmation to you.
8.2 Our right to make changes. We may from time to time make changes to your Contract. We will make changes which we do not believe significantly disadvantage you by updating the Contract on the Website (and will notify these changes to you on the home page of our Website from time to time). You should check our Website from time to time to take note of any such changes as they are legally binding on you. Sometimes a notice or other provision on another part of our Website might replace part of the Contract. However, if we make any changes to your Contract in a way which we believe significantly disadvantages you, we will, in addition to updating the Contract on the Website, contact you at least 30 days in advance to notify you of such change (such notice to be provided by one of the methods set out in “How we may contact you” above). From the date that we notify you of the relevant change you will have 30 days to cancel your Contract.
9. Your rights to end the Contract
9.1 You can always end your Contract with us. Your rights when you end the Contract will depend on how we are performing and when you decide to end the Contract – the consequences in each situation are explained below. For more information on your rights to end the Contract during the applicable initial cancellation period see clause 1.6. Clause 10 explains what you need to do to end the Contract.
9.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out in paragraphs (a) to (d) below the Contract will end with immediate effect and we will refund you in full for any Services which have been paid for but have not been provided (if applicable):
(a) we have made a change to the Contract in a way that we believe significantly disadvantages you, and you exercise your right to cancel under clause 8.2 above;
(b) we have made an error in the price or description of the Services you have ordered, and you do not wish to proceed;
(c) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 working days; or
(d) you have a legal right to end the Contract because we have materially breached the Contract.
9.3 Ending the Contract where circumstances in clause 9.2 do not apply. You may also terminate your Contract by giving us notice in writing in the circumstances set out in, and in accordance with, clauses 2.8, 2.9, 2.10 or 2.11 above.
9.4 Ending the Contract where circumstances in clauses 9.2 or 9.3 do not apply – Home Services only. You may terminate your Contract at any time by giving us notice in writing. However, where you terminate your Contract less than 8 working days prior to your next billing date, you will be billed for that month.
9.5 Ending the Contract where circumstances in clauses 9.2 or 9.3 do not apply – Home Business Services only. You may terminate your Contract at any time by giving us notice in writing. However, where you terminate your Contract less than 8 working days prior to your next billing date, you will be billed for that month. In addition, if you end your Contract during the Minimum Term (other than where you have a right to end it – see clauses 9.2 and 9.3 above) then we may charge you a Termination Charge (and for the purposes of the Termination Charge in this clause 9.5, our loss of profits will be calculated by reference to the balance of the Minimum Term remaining, if any). Payment will be taken by direct debit. By entering into this Contract for a Home Business Service, you are authorising us take this direct debit payment.
10. How to end the Contract with us
10.1 Tell us you want to end the contract. To end the Contract with us, please contact us (see “How to contact us” above).
10.2 How we make any refunds which are due to you. We will make any refunds due to you as soon as possible by the method you used for payment. If you are exercising your right to cancel within the applicable initial cancellation period in accordance with clause 1.6, then any refund due to you will be made within 14 days of your telling us you have changed your mind.
11. Our rights to end the Contract
11.1 We may end the Contract because of something you have done or are going to do. We may end our Contract at any time by writing to you if, where applicable:
(a) you materially breach any term of this Contract;
(b) you do not make payments to us when they are due, and you still do not make payment within 10 days of us reminding you that payment is due (see clause 4.6) or you cancel your direct debit if applicable;
(c) you use our network in breach of our Acceptable Use Policy or do any of the things described in clause 5.1;
(d) you do not, within a reasonable time, allow us access to your property to install, activate and supply the Services;
(e) we have a good reason to believe that any information you have given us is false or misleading;
(f) we suspect that a fraudulent act is being, or may be, made in respect of the Services by you;
(g) we observe a pattern of unusual usage of the Services which we suspect may indicate potential fraud;
(h) you are abusive, threatening, behave aggressively to or harass any member of our staff, whether in person, by phone, by email or by any other communications method;
(i) you breach any laws which apply to your use of our network;
(j) any wayleave, consent or permission obtained by you in connection with this Contract ceases to be in full force or effect for any reason; and/or
11.2 You must compensate us if the circumstances in this clause 11 apply. If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for any Services which we have not provided but we may charge an Termination Charge and/or deduct any other sums due to us in addition to any other sum that we may recover under the Contract. If we end the Contract in the situations set out in clause 11.1 during any Minimum Term, for the purposes of the Termination Charge, our loss of profits will be calculated by reference to the balance of the Minimum Term remaining, if any. This does not affect any other rights or remedies that may be available to us by law.
11.3 Our other rights to end the Contract. We may also end our Contract:
(a) at any time by writing to you if:
i. we cease to be authorised to provide the Services, or if our authorisation to provide the Services is revoked or modified in any way which as a material impact on our ability to provide any part of the Services; or
ii. we decide to stop providing the Services (or if we decide to stop providing the particular Service that you have purchased); or
iii. any wayleave, consent or permission obtained by us in connection with this Contract ceases to be in full force or effect for any reason,
and, where reasonably possible, we will provide you with at least 30 days' notice before ending the Contract for these reasons and will refund any sums you have paid in advance for Services which will not be provided; or
(b) with immediate effect in the circumstances set out in, and in accordance with, clauses 2.1, 2.4, 2.7, 2.8, 2.9, 2.10 or 2.11 by writing to you.
12. Privacy & Data Protection
12.2 Please note that we may monitor and record phone conversations which you have with us so that we can shape our training and compliance.
12.3 We can only discuss your account with you. If you would like someone else to discuss your account with us, you will need to confirm this at the time over the telephone. If this is not possible or you would like someone else to have longer term consent to discuss your account, you will need to complete and sign a third party consent form available from our Customer Care Team or as may be on our Website from time to time and send this to us. If you send us a third-party consent form, then it will be your responsibility to let us know if you no longer wish for that person to have consent.
13. Other important terms
13.1 We may transfer this Contract to someone else. We may transfer our rights and obligations under the Contract to another organisation within our group of companies, whether by assignment, novation or otherwise. By entering into this Contract you provide your advance consent to any such transfer, including by way of novation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing. Both parties (you and the person you are transferring the Contract to) will need to speak to us by phone to confirm your consent for this to happen. In these cases, an upfront payment of the first month’s bill will be required from the person you are transferring the Contract to in order for us to agree to the transfer. If you are moving house, please contact us.
13.3 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
13.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
13.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Services, we can still require you to make the payment at a later date.
13.6 Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services or this Contract in the English and Welsh courts.
13.7 Complaints and alternative dispute resolution. If you are unhappy with our Services, we will do our best to put things right – please see our Customer Complaints Policy available on our Website or from our Customer Care Team for more information about how we handle complaints and the Ombudsman service available.