Terms for Residential Services
These terms and conditions are effective from 26 October 2022
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
(d) in respect of orders taken prior to 16 June 2022 only, a small business. For these purposes you are a small business if less than 10 individuals work at your business, whether as employees, volunteers or otherwise.
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 13 Salisbury Place, London, England, W1H 1FJ 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, by sending you an SMS text message 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.
"Additional Services" means any additional Services which you have ordered or agreed to purchase from us under clause 8.1 below.
“Broadband Services” means the broadband service provided by us to you whereby you gain direct access to the internet via fibre optic cables (including any ancillary services provided), as more particularly detailed in your Order Confirmation and on our Website. This includes any Additional Services.
“Contract Information” means any document provided to you before you enter into a Contract with us (entitled “Contract Information” (or something similar)) and which provides you with certain key information as regards as your Contract.
“Contract Summary” means any document provided to you before you enter into a Contract with us (entitled “Contract Summary” (or something similar)) and which provides a summary of certain key aspects of your Contract.
“Early 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 pursuant to clause 11.1 during any Minimum Term; or (ii) you terminating the Contract pursuant to clause 9.4 during any Minimum Term; which may in each case 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. When calculating our loss of profits, such calculation will be based on our loss of profits for the duration of the remainder of any Minimum Term.
"Gigabit Broadband Voucher Scheme” or “GBVS” means the scheme run by the Department for Digital, Culture, Media and Sport (“DCMS”) through which vouchers (“Vouchers”) are provided to support the deployment of gigabit-capable connections to premises in the harder to reach areas of the UK.
"Group Companies” means any of our subsidiary or holding companies from time to time as defined in section 1159 of the Companies Act 2006.
“Install Cancellation Fee” means the install cancellation fee set out in the Price List.
“Minimum Term” means any minimum term applicable to your Contract, as specified (if applicable) in your Order Confirmation.
“Order Confirmation” means the order confirmation (including any attachments therein, including any installation form) that we email to you when we accept your order (your “Initial Order Confirmation”), as may be amended from time to time by any supplementary order confirmations (including any attachments therein) that we provide to you (each a “Change Order Confirmation”), e.g. where you order Additional Services from us.
“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 with you 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).
“terms and conditions” or “terms” means these terms and conditions.
“User(s)” means any person that uses or accesses your Service (whether or not permitted by you or known to you).
“Voice Services” means a) the ability to make and receive calls through our voice over internet telephone service or b) 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 (as more particularly detailed in the Order Confirmation and on our Website). Whether a) and/or b) applies will be set out in your Order Confirmation.
“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 and Services
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 included in our near-term build plan). 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 (or change) 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 made to the Services we provide to you in accordance with these terms will only take place when we email you a Change Order Confirmation. We may accept or reject any order (or any request to amend your order) for any reason, in our sole discretion.
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 Monthly Contract. Your Services will start on the Activation Date and will automatically continue on a monthly basis 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 in these circumstances.
1.5 Minimum Term. In addition, your Contract with us may be subject to a Minimum Term, which will be communicated or notified to you before you place (or amend) your order and will also be shown on your Order Confirmation (including, if appropriate, a Change Order Confirmation). Any Minimum Term will commence on the Activation Date, unless otherwise expressly stated in the Order Confirmation). Other than as expressly contemplated herein, 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 10 days 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 upfront fees (such as any upfront installation and activation fees) 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 for any engineer’s time, at the price set out in the Price List.
If we have provided you with any equipment, such as a Wi-Fi router, 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 materials are solely for the promotion of our Services in the UK.
1.9 Our right to cancel. We have the right to terminate this Contract, at any time and in our sole discretion, on any date before the Activation Date without cost. If we do this, we will refund you in full for any Services which have been paid for but have not been provided (e.g. any upfront costs charged before activation).
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 any consent needed 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
You agree that the consents and permissions granted to us in accordance with this clause 2.1 shall also be granted to our Group Companies (including Swish Fibre Limited).
2.2 Installation and Activation.
(a) Unless otherwise specified in these terms (particularly in clauses 2.5 and 2.6 below) or otherwise agreed with you and set out in your Order Confirmation, our (a) installation service will be charged at the price specified for a standard installation as set out in Price List; and (b) our activation fee will be as set out in our Price List.
(b) We will provide you with as much detail as reasonably possible as to the date of your installation in either the Contract Summary or the Contract Information, ideally providing you with either a fixed date or a backstop date. However, in certain instances this will not be possible (for example if you have placed an order before the connection point near your property is live).
(c) All installation engineers work to our agreed standards, using approved equipment. Our engineers will identify the shortest route to your premises, avoiding obstacles from the street. The fibre will be delivered to a plastic omni box installed on the outside of the premises. Our engineers will then install an internal network termination point in the room where the fibre enters the premises.
(d) In the event you decide to use your own network equipment, e.g. your own router, configuration of that network equipment is outside the scope of the Services.
2.4 Access to your property.
(a) 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 and we will have the right to charge you an Install Cancellation Fee.
(b) We may also charge you an Install Cancellation Fee if you fail to give us at least 24 hours’ notice that you are unable to keep an agreed appointment.
The right to charge you an Install Cancellation Fee under this clause 2.4 is without prejudice to our other rights under this Contract, including the right in certain circumstances to terminate the Contract under clause 11.1 below (and, if we terminate under clause 11.1 during any Minimum Term, the right to charge you an Early Termination Charge).
2.5 Non-standard installations. In certain circumstances, your installation may be considered non-standard because of specific requirements, e.g. because of the length of the access route or your property containing surfaces which require special techniques to dig and re-instate. Where we consider your installation to be non-standard we will notify you of this before we accept your Order and arrange for our engineer to come out to survey. Following that survey we will provide you the details of your install (including any installation charge, an “Installation Charge”) and you will be given the opportunity to confirm your request to Order. Any installation quotation given by us shall not constitute an offer and is only valid for a period of 60 days from its date of issue, or any such other period as we may notify to you (either at the time of the relevant quote or at some later date).
2.6 Weekend Installations. Our installation engineers are typically able to arrange appointments between 8.30 am– 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 one or more engineers to you outside of working hours and may depend on the length and complexity of your installation. Charges for a weekend install (and when they are payable) will be confirmed to you in writing.
2.7 The installation engineer will carry out a risk assessment before commencing work. You agree to provide a safe environment in which to carry out the installation. If the installation engineer attends the property and decides that it is not possible to carry out the installation safely, the installation may be cancelled and we will have the right to charge you an Install Cancellation Fee. The right to charge you an Install Cancellation Fee under this clause 2.7 is without prejudice to our other rights under this Contract, including the right in certain circumstances to terminate the Contract under clause 11.1 below (and, if we terminate under clause 11.1 during any Minimum Term, the right to charge you an Early Termination Charge).
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. Where we cannot agree how to proceed and/or any charges that apply we may (a) charge an Install Cancellation Fee; and (b) terminate this Contract (in accordance with clause 11.1 below) and, where your Contract was subject to a Minimum Term, charge you an Early Termination Charge.
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 reasonably possible to carry out your installation at the arranged time, but if it is not possible to complete the installation through no fault of the installation engineer (e.g. because of safety issues or unforeseen complexity as a result of things such as asbestos, concealed electrical cabling or extreme weather), the installation engineer will inform us. In such circumstances, we may charge you (over and above any installation fees payable under this Contract) 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 an Install Cancellation Fee.
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 1.7 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 (under clause 10 or clause 11 as applicable). In such a scenario we may charge you an Install Cancellation Fee and, if the Contract was terminated during any Minimum Term, an Early Termination Charge.
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, for which you must have Broadband Services, then this will allow you to make (up to a maximum duration of two hours per call) and receive telephone calls where you have opted for our voice over internet telephone service, or divert incoming calls from a landline to a landline or mobile of your choice (where you have opted for our call forwarding service). Your Order Confirmation will confirm which of these applies and the Price List contains the pricing. There is no call forwarding to international destinations included in this Service. When adding our Voice Services part-way through a monthly billing period it can only take effect from the start of the next monthly billing period, from which time it will be charged. If you cancel or change a Voice Service during a monthly billing period, then this will take effect from the start of the next monthly billing period and no pro rata credit or refund will be provided. The Minimum Term (if any) for your Voice Services shall be the same as for your Broadband Services.
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, we will provide you with a basic BT socket to RJ11 plug adaptor to connect to our voice over internet telephone service, however you are responsible for providing any other equipment required to connect to the Voice Services at your own cost and expense (such as the telephone).
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 also 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. You should not cancel your contract with your existing provider until we have confirmed that the number has been successfully transferred. Doing so will result in your existing number being lost and we will have to issue you with a new number. If we cannot complete the transfer because you have provided us with incorrect information, then we will notify you and we may charge you reasonable compensation for any costs we have incurred to date. If it is not reasonably practicable to transfer your existing number for any reason, we will provide you with a new number. 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. If you move your phone number from us to another provider's network, our voice over internet telephone service won't work once the number porting has happened and we won't be able to give you a temporary phone number to use. However, you'll still have to pay for our voice over internet telephone service unless you notify us in accordance with clause 8.1 or end the contract in accordance with clause 9.1 (subject to any Early Termination Charge).
3.7 Acceptable Use Policy and unauthorised use. Your use of the Voice Services is/are 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.
3.9 Additional terms which apply to our voice over internet telephone service:
(A) You understand that our voice over internet telephone service may not offer all the features you expect from a traditional phone line. Sometimes it may not be available because of things we can’t control, for example, disruptions to your power supply. It also depends on your connection to our Broadband Services. It won’t work if there’s a power failure (see (B) below for more details).
(B) You understand that our voice over internet telephone service allows calls to the emergency services numbers 999 and 112. Calls to these emergency services will fail if there’s a power failure or if your Broadband Services otherwise fail. You agree that in the event of a power cut, you would ordinarily need to have another way of making emergency calls. If you do not have another way of making emergency calls e.g. you do not have a mobile phone or sufficient mobile coverage, you should contact us (see “How to contact us above”) and we will (if necessary) supply a battery back-up unit which would enable you to make telephone calls for at least one hour in the event of a power failure and/or a failure of Broadband Services. If we provide you with a battery back-up unit, then we may also provide you with an accompanying guide which you will need to have fully read, understood, accepted and followed. If you are using a battery back-up unit to connect to our voice over internet telephone service, you must use a corded telephone (since a cordless phone will not work), which can be plugged directly into the internal network termination point (which is in the room where the fibre enters the premises).
(C) If you use our voice over internet telephone service, we’ll register your home address. We do this for billing purposes and so that emergency services know your phone number and location when you dial 999/112. If we suspend our voice over internet telephone service under this Contract, you’ll still be able to dial 999/112, as long as there’s no power failure or failure in the Broadband Services.
(D) Our Acceptable Use Policy still applies to all calls you make using our voice over internet telephone service. We can put limits on your calls, require you to pay extra charges or suspend or end your access to our voice over internet telephone service if we think you haven’t complied with that Acceptable Use Policy. You must not store, distribute or transmit any material through the voice over internet telephone services that:
(a) is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive;
(b) facilitates illegal activity or fraud; and/or
(c) promotes unlawful violence, discrimination based on race, gender, age, disability, sexual orientation, religion and belief, gender reassignment, or any other illegal activities.
(E) Our voice over internet telephone service comes with calling line identification as a standard facility. This means that you’ll see the number of someone who has called on your telephone device screen (if it has one) or, if the caller has asked that their number is kept private (or the caller’s network doesn’t allow the caller’s number to be shown to you), you’ll see that the call is from a “withheld” or “unavailable” number. The calling line identification facility also means that your number, when you make calls, will be displayed to the person you’re calling. You should get in touch with us if you’d like us to try and put in place the ability to keep your number private when you make calls, however please note that we may override your choice in limited situations where it’s reasonable to do so (such as to trace malicious or nuisance calls, or for calls to emergency services).
4. Our charges and your payments
4.1 How we calculate, and how you pay, our charges. The monthly charges you pay for our Services will be as shown in your Order Confirmation. Any charges payable by you from the date of your Contract other than monthly charges (e.g. any one-off up front charges such as an installation fee) will also be as set out in your Order Confirmation and will be charged (at our election) either as an additional upfront payment or added to your first monthly payment.
In certain circumstances specified in your Contract, you may also be charged other fees during your Contract (e.g. charges for engineer call out time).
Payments for any of our charges must be made by direct debit or such other payment method as may be permitted by us from time to time. Where payments are taken by direct debit, your first monthly 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 will increase our charges (both our monthly charges and all other charges and fees set out in the Price List) once each year with effect from 1 July by an amount equal to any percentage increase in the Consumer Price Index published by the Office for National Statistics during the previous 1 June to 31 May period.
If, as at 30 June 2023:
(a) your monthly charges were equal to £45; and
(b) the Consumer Price Index for the period 1 June 2022 to 31 May 2023 showed an inflation increase equal to 5%,
this would mean that we would increase your monthly charges from 1 July 2023 to £47.25.
Such an increase shall not give you a right to cancel your Contract without penalty under clause 8.2 below, whether or not you are still within any Minimum Term. Note that we may choose not to apply the above mentioned price increase at our discretion.
In addition to the inflationary price increase set out above, we may review any of our charges (including our monthly charges) at any time and change our pricing in accordance with clause 8 below.
4.3 Changes, Additional Services, Upgrades and Downgrades. If you decide to change your Services in accordance with the terms of this Contract, we will tell you what your new charges will be and ask you to confirm that you accept those (see Clause 8.1 below).
4.4 We will pass on changes in the rate of VAT. If the rate of VAT changes at any time after the contract between you and us has come into existence, we will adjust the rate of VAT that you pay for the Services accordingly (and show this on your bill). Any such adjustment will not amount to a change which gives you the right to cancel the Contract without penalty under 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 10 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 20 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 this Contract (including 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, or at the maximum rate permitted by applicable law from time to time (whichever is less), together with any reasonable costs incurred by us in collecting such overdue amount. This interest shall accrue daily 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 and Equipment
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.
(a) 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 may 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.
(b) If you report a fault which we trace within your property, we will make an appointment to carry out repairs or replace our faulty equipment free of charge but if, in the reasonable opinion of the engineer, the fault was caused by damage to our 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). We may also charge you in the event that you fail to keep an agreed appointment, unless you give us at least 24 hours’ notice (such charge to be in accordance with the Price List).
(c) 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.
(d) You are responsible for the provision, installation, configuration, monitoring and maintenance of any of your equipment connected to the Services. You shall ensure that any of your equipment connected to or used with the Services is connected and used in accordance with any instructions and safety and security procedures applicable to the use of that equipment. You shall ensure that any of your equipment attached (directly or indirectly) to the Services by you is technically compatible with the Services and approved for that purpose under any applicable laws and regulations. We do not make any commitment with respect to the interoperability between the Services and your equipment.
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 Minimum speed guarantee. Your Contract Information and Contract Summary set out the download and upload speeds that you should expect to receive. If you are consistently experiencing download or upload speeds that are more than 50% lower than those set out in your Contract Information and Contract Summary documents (our “Speed Promise”), please contact our Customer Care team (see “How to contact us” above for details on how to get in touch). If we fail to meet our Speed Promise within 30 days of you notifying our Customer Care team, then you can cancel the Contract without penalty.
Our Speed Promise:
(a) only applies where you are using a wired connection. We are not able to provide a Speed Promise in respect of the speed you achieve over Wi-Fi, as speeds you experience over Wi-Fi may vary from time to time for a number of reasons, e.g. distance from the router, wall thickness. You are likely to require additional equipment to ensure the advertised speed is available throughout the premises. This additional equipment can be supplied by us as a service either on the date of the initial order or at a later date;
(b) only applies where connectivity is delivered using our equipment (e.g. it would not apply where you provide the router);
(c) only relates to the speeds that we provide to you. We cannot guarantee the speeds of 3rd party websites; and
(d) does not apply if the failure to achieve the speeds set out in the Speed Promise is as a result of (i) any action or omission from you or any other third party outside of our control; or (ii) your connected devices (e.g. that they are not is capable of downloading or uploading at the relevant speeds).
Please do contact our Customer Care team if you are having any problems with your set up.
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.
5.13 Gigabit Broadband Voucher Scheme confirmation. If you are a “Voucher Customer” it will be communicated or notified to you before you place your order and will also be shown on your Order Confirmation. If you are a Voucher Customer you must:
(a) where DCMS ask you to confirm that we can request a voucher on your behalf: respond to DCMS promptly (and in any event within 28 days) and confirm that we may request the voucher on your behalf;
(b) where DCMS ask you to confirm that your internet connection is live: respond to DCMS promptly (and in any event within 10 days) confirming whether or not your internet connection is live; and
(c) comply with any other reasonable requests made by us and/or DCMS in connection with the Gigabit Broadband Voucher Scheme, in particular to ensure that we can claim the Voucher on your behalf.
In addition, you acknowledge that you are the ultimate beneficiary of any Voucher issued under the GBVS Beneficiary Terms and Conditions (and agree to comply with all terms set out in the GBVS Beneficiary Terms and Conditions).
6. Suspending the Services
6.1 Reasons we may suspend the supply of Services to you through no fault of your own.
We are entitled 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);
(d) in response to a security or integrity incident, threat or vulnerability
(e) to carry out planned maintenance and/or
(f) 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 are entitled 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 (or any User) use our network or Services in breach of our Acceptable Use Policy;
(d) if we suspect that a fraudulent act is being, or may be, made in respect of the Services by you (or any User);
(e) if we observe a pattern of unusual usage of the Services which we suspect may indicate potential fraud;
(f) if you (or any User) breach any laws which apply to your use of our network; and/or
(g) if you have failed to comply with clause 5.13.
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 (as detailed in the Price List).
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 We are not responsible for the acts of third parties. We are not liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other suppliers of telecommunications or internet services (including domain name registration authorities) or for faults or failures of their equipment.
7.8 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. You can make a maximum of one change to your Services per monthly billing period, unless we agree otherwise.
8.2 Our right to make changes. We may from time to time make changes to your Contract. We will make changes which are (a) administrative; (b) for your benefit; or (c) directly imposed by law, by updating the Contract on the Website. You should check our Website from time to time to take note of any such changes as they are legally binding on you.
If we make any changes to your Contract that are not covered by (a) to (c) above we will, in addition to updating the Contract on the Website, contact you 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) at least 30 days in advance of any such change taking effect. During that 30 day period you will be entitled to cancel your Contract without penalty.
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 that is not (a) administrative; (b) for your benefit; or (c) directly imposed by law, 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 consecutive working days;
(d) we have materially breached the Contract and the breach is incapable of remedy, or (if such breach is remediable) we have failed to remedy that breach within a period of 15 days after being notified in writing to do so; or
(e) in the circumstances set out in clause 5.6 above.
9.3 Ending the Contract where circumstances in clause 9.2 do not apply. You may also terminate your Contract in accordance with, clause 2.10 above.
9.4 Ending the Contract where circumstances in clauses 9.2 or 9.3 do not apply. You may terminate your Contract at any time. 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 any Minimum Term then we may charge you an Early Termination Charge.
Where payments for Services are taken by direct debit, payments under this Clause 9 may also be taken by direct debit. By entering into this Contract, you are authorising us to 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. 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 have materially breached any term of the Contract and the breach is incapable of remedy, or (if such breach is remediable) you have failed to remedy that breach within a period of 15 days (or within such other period as notified by us) after being notified in writing to do so;
(b) you do not make payments to us when they are due, and you still do not make payment within 20 days of us reminding you that payment is due (see clause 4.6) or, if applicable, you cancel your direct debit;
(c) you (or any User) use our network in breach of our Acceptable Use Policy or of 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 (or any User);
(g) we observe a pattern of unusual usage of the Services which we suspect may indicate potential fraud;
(h) you (or any User) 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 (or any User) breach any laws which apply to your use of our network;
(j) any wayleave, consent or permission required in connection with this Contract is not, or ceases to be in full force or effect for any reason (other than a wayleave obtained by us);
(k) you (or any User) ceases to authorise us to collect or process personal data that is reasonably required by us in order to provide the Services or is otherwise required by law;
(l) you have failed to comply with clause 5.13; and/or
(m) in the circumstances contemplated in, and in accordance with, clause 2.8 and 2.11 above;
11.2 You must compensate us if the circumstances in clause 11.1 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 Early 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 Early 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 has 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;
(b) with immediate effect in the circumstances set out in, and in accordance with, clause 2.10 by writing to you; and/or
(c) in accordance with Clause 1.9 above.
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 on a telephone call, 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 contact our Customer Care Team. If you do grant someone such a longer term consent, it is 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. Except as expressly provided in clause 2.1, 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.