Terms for Business Services
These terms and conditions are effective from 1st February2024.

These are the terms and conditions on which we supply business services to you (if we are supplying business 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 business customer intending to use our Services wholly or mainly for business purposes.  They do not apply if you are a consumer.  

​

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, what to do if there is a problem and other important information.  

​

We are Cuckoo Fibre Limited (a company incorporated in England and Wales with company registration number 15060036 and whose registered office is at 6th Floor, 33 Holborn, London, EC1N 2HT). Swish Fibre is a brand name of Cuckoo Fibre Limited. All references to Swish Fibre in these terms should be read accordingly.

​

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 (the “Site”) is the address stated on the Order Confirmation.  

​

How to contact us. You can contact us by telephoning our Business Support Team on 0330 229 0310, by contacting us through any app we operate from time to time, by emailing us at business@swishfibre.com or by writing to us at our business address, which is as specified on our Website 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, as amended or updated from time to time.

​

"Activation Date" means the date on which we activate your Services pursuant to clause 2.9 below.

​

"Additional Services" means any additional Services which you have ordered or agreed to purchase from us under clause 9.1 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” means the contract entered into between you and us under clause 1.2 below and which is made of up of the following documents and includes any other document we refer to in those documents: (i) your Initial Order Confirmation (as may be amended by one or more Change Order Confirmations); (ii) these terms and conditions (and any supplementary terms and conditions set out on our Website); (iii) our Price List; (iv) any Service Level Agreement; (v) our Privacy Policy; (vi) our Acceptable Use Policy; (vii) our Cookie Policy; (viii) (if applicable) your Contract Summary; and (xi) (if applicable), your Contract Information.  It will also include the latest version of any other policy we tell you about from time to time, in accordance with clause 8. If any of the documents referred to in this definition contradict each other, the document higher up in this list takes priority.

​

“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.

 

“DIA Services” means the dedicated internet access (or leased line internet or point to point connection) services, as more particularly detailed in your Order Confirmation and on our Website.  This includes any Additional Services.

​

“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 10.3 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 installation 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.    

"Monthly Charges" means the monthly charges payable by you for the Services in accordance with clause 4.1 below.

​

“Not-for-Profit Customer” means a body for which no more than 10 individuals work as employees or otherwise (but excluding volunteers).

​

"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.  

 

“Order Form” means an order form that you may use to request the provision of Services, such order form to be in a format prescribed by us from time to time.

​

“Price List” means the price list for business services which is available on our Website (entitled “Charges and fees for Business Services”), as amended or updated from time to time. 

​

"Privacy Policy" means our privacy policy which is available on our Website, as amended or updated from time to time.

"Service Level Agreement" or “SLA” means any service level agreement or arrangement that we have agreed with you, as may amended or updated from time to time.

​

"Services" means our Broadband Services and/or DIA Services (as the case may be).  

“Small Enterprise Customer” means a business for which no more than 10 individuals work (whether as employees or volunteers or otherwise).  

​

"terms and conditions" or "terms" means these terms and conditions.

​

“User(s)” means any person that uses or accesses a Service (whether or not permitted by you or known to you).

“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 the Services

​

1.1 Placing an order. You can request to order our Services by completing an Order Form (or, where applicable, through our Website, through one of our representatives in person or by phone, by email or through any app we operate from time to time).  Where your Order does not specify the Installation Charge (to include a zero Installation Charge) we will, subsequent to your order, arrange a survey to confirm the same to you.  Once you have been provided with details of your install (including the Installation Charge) you will be given the opportunity to confirm your request to Order.   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. Any 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).  
 

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 the Contract will come into existence.  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.  The Services shall either be Broadband Services or DIA Services, as specified in the Order Confirmation.
 

1.4 IP addresses. Unless we have agreed to provide you with a static IP address, we cannot guarantee that an IP address can be made available to you as part of the Services and the provision of an IP address is within our sole discretion. Unless we have agreed to provide you with a static IP address, the IP address allocated to you may be varied at any time. Any and all IP addresses 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.  
 

1.5 Contract Term.
 

(a) 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.
 

(b) In addition, your Contract may be subject to a Minimum Term. Any such Minimum Term 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 any 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.
 

1.6 Your customer number. We will assign a customer number to your order and tell you what it is when we confirm your order. Please use the customer number whenever you contact us.
 

1.7 We only operate in the UK. Our Website and marketing materials are solely for the promotion of our Services in the UK.  
 

1.8 Credit checks and our credit assessment of you.  We may carry out credit checks where necessary to help us identify and decide whether to accept your order.  The credit check will include looking at the details you have given us and registering and checking your information with credit reference agencies and fraud prevention agencies who may also check the details of anyone you are financially associated with.  By placing an order, you agree that we may conduct these checks and also register information about you and the conduct of your account with any credit reference agency. 
 

If our credit assessment of you does not meet our normal requirements then we may require you to make a deposit with us or we may refuse to provide you with the Services. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to credit reference agencies, debt collection agencies, fraud prevention agencies, security agencies, financial institutions, emergency services organisations or other telecommunications companies. For the same reason we may also perform subsequent credit checks whilst you retain a financial obligation with us.
 

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 Site, you agree to allow us to access your Site 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 Site, you must have consent from the freehold owner, landlord, and/or agent managing the Site and you must procure that the freehold owner, landlord, and/or agent managing the Site 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 Site) to enter into an additional agreement with us to provide us with the necessary permissions and access rights to the Site 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 Site 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 Site, we may terminate this Contract in accordance with clause 11.1(n) 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.  Any installation charge payable by you shall be communicated to you in advance and will be as set out in the Initial Order Confirmation (“Installation Charge”). Before advising you of your Installation Charge, it may be necessary to undertake an on-site survey. In addition, an activation charge will be charged (such amount as set out in the Price List or as otherwise advised by us and set out in your Order Confirmation).   
 

2.3 Arranging the network installation.  We will provide you with as much detail as reasonably possible as to the date of your installation, 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).  All installations will be undertaken on a working day. All installation engineers work to our agreed standards, using approved equipment.
 

2.4 Preparation of the Site. You shall, prior to installation and at your own expense:
 

(a) ensure that the Site is prepared in accordance with any instructions provided by us;
 

(b) obtain all necessary licences, consents and regulatory approvals required for installation and use of our equipment at the Site, including in respect of any alterations required to the Site;
 

(c) provide us in a timely manner such access to the Site as may be required to plan the installation of our equipment;
 

(d) provide a suitable and safe working environment in accordance with applicable installation standards and applicable laws and regulations;
 

(e) provide any electricity and telecommunication connection points required by us;
 

(f) provide any openings in buildings required to connect our equipment to appropriate telecommunications facilities; and
 

(g) provide internal cabling between our equipment and any of your equipment, as appropriate.
 

If you fail to comply with this clause 2.4 then, without prejudice to the other rights we have under this Contract (including, in certain instances, the right to terminate the Contract under Clause 11 and charge an Early Termination Fee), we have the right to cancel the installation and charge an Install Cancellation Fee.
 

2.5 Access to the Site and authority to complete the installation. You agree to allow us to access the Site at the time(s) agreed between us to conduct the installation, in order to install and activate the Services and to otherwise provide the Services to you.  During the installation you must ensure that, at all times, a person is present with the necessary authority and knowledge to enable the engineer to carry out the installation.  If you fail to comply with this clause 2.5 then, without prejudice to the other rights we have under this Contract (including, in certain instances, the right to terminate the Contract under Clause 11 and charge an Early Termination Fee), we have the right to cancel the installation and charge an Install Cancellation Fee.
 

2.6 If you cancel your appointment. If you cancel an installation appointment less than 24 hours before the scheduled appointment time then, without prejudice to any other rights we may have under this Contract, we may charge an Install Cancellation Fee. Where we provide you with a date for installation and fail to meet this date, then unless we have given you at least 24 hours’ notice, we may provide you with compensation in the form of a service credit.
 

2.7 If you have additional requirements before we commence work. The installation route and equipment location will be agreed between us in advance of us sending the Order Confirmation to you.  If, after agreeing the route and equipment location, you have additional requirements which alters the agreed installation route and/or the equipment location and this makes your installation more costly, this may impact the Installation Charge.  In such instances 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 charge an Install Cancellation Fee and terminate this Contract (in accordance with clause 11.1(d) below).
 

2.8 If problems arise during the installation. The installation engineer will use reasonable endeavours to complete your installation during your scheduled appointment.  However, 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 anything else not visible to us on inspection), 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 your installation (to include further 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 Installation Cancellation Fee.
 

2.9 Activation Date. Once your order is confirmed and the Services are installed (if applicable) we will activate your Services.

​

3. Customer Premises Equipment (“CPE”)

​

3.1 For the purposes of this clause 3, the “Demarcation Point” means an ethernet port on a CPE of our choice that we deem appropriate to deliver the Services ordered. If we supply a router then the Demarcation Point is the ethernet port of our router (when connected to our Services), otherwise it is the ethernet port of the optical network terminal. We shall only provide Services under this Contract up to the Demarcation Point.  You shall be responsible for the installation, maintenance and support of all hardware located beyond the Demarcation Point. You are responsible for your equipment in accordance with clause 5.5.
 

3.2 All Broadband Services and DIA Services include the provision by us of CPE of our choice that we deem appropriate to deliver the Services ordered. We reserve the right to substitute any CPE as required based on availability of hardware from our suppliers.
 

3.3 Configuration of any router owned by you is outside the scope of the 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 must be made by direct debit or such other payment method as may be noted on your invoice.
 

Where payments are taken by direct debit, 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).  
 

Where payments are made by you by any means other than direct debit, each such payment must be made by the date falling 30 days after the date of the relevant invoice (or any other date specified on the invoice).
 

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 Retail Prices Index published by the Office for National Statistics during the previous 1 June to 31 May period. 
 

Example:
 

If, as at 30 June 2023:

1. your monthly charges were equal to £300; and

2. the Retail Prices 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 £315.
 

Such an increase shall not give you a right to cancel your Contract without penalty under clause 9.2 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 9 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 9.1 below).
 

4.4 VAT. Unless otherwise expressly stated, all sums payable by you under this Contract are exclusive of VAT, and you shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice.  
 

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 Interest on late payments. Without affecting our rights set out in this Contract (including in clause 7.3 and/or clause 11.1(b) below), 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 8% a year above the base lending rate of the Bank of England 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 on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
 

4.7 No right of set-off. You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
 

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, and in any event within 14 days of the date of the invoice, 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. Use of the Services and equipment

​

5.1 Your obligations.  Without prejudice to any other obligations imposed on you under this Contract, you shall:
 

(a) inform us of all health and safety and security requirements that apply at the Site;
 

(b) comply with our reasonable requests that are necessary for the reasons of health and safety, environment, sustainability, security or quality or performance of any Services;
 

(c) upon reasonable notice from us, allow us access to the Site as may be reasonably necessary for the performance by us of our obligations under this Contract, including the installation or maintenance of our equipment and the recovery or removal of any of our equipment;
 

(d) comply with, and ensure the Users comply with, our Acceptable Use Policy (available on our Website or from our Business Support Team) when using our Services; and
 

(e) use, and ensure the Users use, the Services in compliance with (i) all applicable laws and regulations; (ii) the terms of this Contract; and (ii) our reasonable instructions, guidelines and directions;
 

(f) be responsible for:
 

i. access to and use of the Services by any User;

ii. all fees payable to us incurred in connection with the Services; and

iii. compliance with this Contract by the Users;
 

(g) following a request from us, ensure that your list of permitted Users is kept current, and that you terminate access immediately for anyone who is no longer a permitted User; and
 

(h) comply with the provisions of any software and/or third-party software licences provided with or as part of the Service or otherwise notified to you by us from time to time.
 

5.2 Monitoring the Services. You agree that we may intermittently monitor your use of our Services including data volume and type of traffic (whether authorised by statute or other legislation or otherwise) to ensure lawful use and to assist our traffic management. If you use the Services improperly, negligently or in a way which interferes with other customers’ use of the Services, we may exercise our right to suspend your use of our Services or terminate this Contract. We may immediately remove any material placed on our servers by you or other users which breaches this Contract or is otherwise harmful to our interests or the interests of our other customers.
 

5.3 Indemnity. You agree that you are responsible for all access to and use of the Services under this Contract, including by Users, whether you gave your permission or not. You shall indemnify and keep us indemnified against any claims, losses, damages, costs, expenses and liabilities (including legal fees) arising from any claims by any third party in connection with the use of the Services (including the misuse of the Services in breach of clause 5.1 or clause 5.2).
 

5.4 Our Equipment.
 

(a) Part of the network will run from the boundary of the Site, across your private land and into your premises, up to and including the router we may provide.  Any equipment we supply to you or install in your premises (or otherwise on the Site) to connect you to our Services remains our property. You are responsible for maintaining any and all of 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 the Site and draw this to the attention of any third-party doing work on the Site.
 

(b) If you report a fault which we trace within the Site, 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). Where an agreed appointment date is missed by us, then unless we have given you at least 24 hours’ notice, then we may provide you with compensation in the form of a service credit.    
 

(c) If you or we terminate this 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.    
 

5.5 Your Equipment. 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.
 

5.6 Our rights under the Communications Act 2003. You agree that, at our request, some or all of our equipment placed on the Site 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 Site is connected to our network and the location of our equipment.
 

5.7 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.
 

5.8 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. Our obligations

​

6.1 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 Business Support 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 Business Support 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 Business Support team if you are having any problems with your set up.  
 

6.2 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.  
 

6.3 Compliance with laws. We will comply with all applicable laws, regulations and codes of practice when providing the Services to you.
 

6.4 Service Level Agreement. Your Order Confirmation will set out any SLAs which apply to your Contract.  Unless your Order Confirmation includes a confirmation that an SLA applies to your Contract, then no SLA will apply (notwithstanding the fact that there may be one or more SLAs on our Website from time to time).  Where an SLA does apply to this Contract, then any remedies contained in that SLA shall be the sole and exclusive remedies for any failure to meet the performance obligations under that SLA.

​

7. Suspending the Services 

​

7.1 Your rights if we 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 9);
 

(d) in response to a security or integrity incident, threat or vulnerability and/or
 

(e) to carry out planned maintenance.
 

7.2 Where we suspend your Services under clause 7.1, we will do our best to ensure that necessary maintenance and support work is carried out overnight and we will use reasonable endeavours to provide at least 5 Working Days' notice to you (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 (in which case we will use reasonable endeavours to provide you with as much notice as reasonably possible).
 

7.3 Reasons we may suspend the supply of Services to you because of your actions.
 

We are entitled to suspend the supply of your Services: 
 

(a) if you materially breach any term of this Contract;
 

(b) if you fail to pay any amount due under this Contract on the due date for payment; 
 

(c) if you (or any User) use our network or Services in breach of our Acceptable Use Policy or if you (or any User) use the Services improperly, negligently or in a way which interferes with other customers’ use of the Services;
 

(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 5.8. 
 

7.4 If we suspend the Services under clause 7.3 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 (such fee as specified in the Price List). 
 

7.5 Loss due to suspension. We do not accept any responsibility for any loss you suffer from suspension.