Get a drink, and make yourself comfortable, here are our terms and conditions ...
Effective date: 01.04.2026
These Terms and Conditions govern the supply by PLUSH BROADBAND LTD of residential
broadband services and any related equipment to consumers.
Important information
Please read these Terms and Conditions carefully before you place an order. They explain
who we are, how we will provide services to you, your rights and obligations, our rights and
obligations, how charges are calculated and paid, how the agreement may be ended, how
equipment is dealt with, and what happens if there is a problem.
These Terms and Conditions are intended to form part of a legally binding agreement between
you and us.
Nothing in these Terms and Conditions affects any rights you have under law which cannot
lawfully be excluded or restricted.
1. Who we are and how to contact us
1.1. Our identity
We are PLUSH BROADBAND LTD, a private limited company incorporated in England and
Wales with company number 17044953. Our registered office is 2 Oriel Court, Omega Park,
Alton, England, GU34 2YT.
1.2. To contact us
You may contact us using the contact details published on our website or otherwise notified to
you in writing from time to time.
1.3. How we may contact you
If we need to contact you, we may do so by telephone, electronic mail, short message service,
post, through your online account with us if one is made available, or by any other durable
medium using the contact details you gave us when ordering or which you later notified to us.
1.4. You must keep your details up to date
You must promptly tell us if your name, billing address, installation address, telephone
number, electronic mail address, payment details, or any other information relevant to your
account changes.
2. Interpretation and definitions
2.1. Interpretation
In these Terms and Conditions, unless the context requires otherwise:
(a) words in the singular include the plural and vice versa;
(b) references to a person include an individual, partnership, body corporate,
unincorporated association, government authority, and any other legal or
commercial entity;
(c) references to legislation are to that legislation as amended, extended, re
enacted or replaced from time to time;
(d) headings are for convenience only and do not affect interpretation;
(e) the words “including”, “include”, “in particular” and similar expressions do not
limit the generality of the words preceding them.
2.2. Definitions
In these Terms and Conditions:
Activation Date means the date on which the Service is first made available for normal use at
the Premises.
Agreement means the legally binding agreement between you and us comprising the Order
Confirmation, the Contract Summary, these Terms and Conditions, any applicable Tariff, any
Equipment Schedule, our Acceptable Use Policy, our Privacy Notice, and any other document
expressly incorporated by reference.
Charges means all sums payable by you to us under the Agreement, including recurring
monthly charges, installation charges, connection charges, delivery charges, activation
charges, equipment charges, call-out charges, missed appointment charges, early termination
charges, replacement charges, and any other charges properly due under the Agreement.
Consumer means an individual acting for purposes wholly or mainly outside that individual’s
trade, business, craft or profession.
Contract Summary means the pre-contract summary document which law requires us to
provide before you are bound by the Agreement.
Cooling-Off Period means the cancellation period you have under applicable distance-selling
or off-premises contract law.
Equipment means any router, mesh device, power supply, cable, adaptor, wireless extender,
or other hardware supplied by us for use with the Service, whether on loan, lease, rental, hire,
bailment, or sale.
Minimum Term means the minimum fixed period of the Agreement stated in the Order
Confirmation and Contract Summary.
Network means the fibre network operated by Open Fibre Networks Limited, commonly
known as OFNL, over which the Service is delivered. OFNL states on its public website that it
operates open access fibre-to-the-premises networks on new-build residential and commercial
developments. ns your request to purchase or receive the Service and, where applicable,
Equipment from us.
Order Confirmation means the written confirmation issued by us accepting your Order.
Premises means the residential address at which the Service is to be installed and supplied.
Privacy Notice means our privacy notice as published by us from time to time.
Service means the broadband internet access service, and any related service expressly
stated in the Order Confirmation, which we agree to supply to you at the Premises.
Service Start Request means your express request that installation, activation, service
delivery, or any associated works begin during the Cooling-Off Period.
Tariff means the commercial package, pricing structure and service details applicable to your
Order.
Working Day means any day other than a Saturday, Sunday or public holiday in England.
3. Basis of the Agreement
3.1. Eligibility
You may only place an Order if:
(a) you are at least eighteen years of age;
(b) you are a Consumer;
(c) you are legally entitled to occupy the Premises or otherwise have authority to
request installation and supply at the Premises;
(d) the information you provide to us is complete and accurate in all material
respects; and
(e) the Service is technically and commercially available at the Premises.
3.2. Pre-contract information
Before you are bound by the Agreement, we will provide the information which we are required
to provide by law, including the Contract Summary. Ofcom’s current guidance states that the
Contract Summary must be provided before the customer enters into the contract and that the
contract can only become effective once the customer has received the Contract Summary
and then given express consent.
3.3. Formation of the Agreement
The Agreement is formed only when:
(a) you submit an Order to us;
(b) we provide you with the required pre-contract information and Contract
Summary;
(c) you give express consent to enter into the Agreement after receiving the
Contract Summary; and
(d) we accept your Order by issuing an Order Confirmation or by otherwise
confirming acceptance in writing.
3.4. Our right to refuse an Order
We may refuse any Order before acceptance for any lawful reason, including where:
(a) the Service is unavailable at the Premises;
(b) installation is not technically feasible;
(c) you do not satisfy our identity or credit checks, where such checks are lawfully
used;
(d) we reasonably suspect fraud, abuse, or unlawful conduct;
(e) the information supplied by you is inaccurate or incomplete; or
(f) there is any other legitimate commercial or operational reason.
3.5. Order accuracy
You must check the Order Confirmation carefully and tell us immediately if anything is wrong.
If there is a conflict between your Order and the Order Confirmation, the Order Confirmation
will prevail unless the error arose from our manifest mistake.
3.6. Entire agreement
The Agreement sets out the entire agreement between you and us for the supply of the
Service and any Equipment and supersedes all previous discussions, correspondence,
statements, proposals and understandings between us relating to that subject matter, except
where the law says otherwise.
4. Description of the Service
4.1. Nature of the Service
We provide fixed residential broadband internet access using the Network at the Premises.
4.2. Underlying network
The Service is supplied over infrastructure operated by Open Fibre Networks Limited. We are
the retail service provider to you. We do not own or operate all of the physical infrastructure
used to deliver the Service to the Premises. OFNL publicly states that its networks are open
access fibre-to-the-premises networks for new-build residential and commercial
developments.
4.3. Service specification
The Service, including the tariff, estimated speeds, minimum guaranteed speed where
applicable, monthly charge, Minimum Term, installation type, and equipment package, will be
set out in the Contract Summary and Order Confirmation.
4.4. Technology and dependencies
The Service depends on the condition, configuration and availability of:
(a) the Network;
(b) equipment at the Premises, including any optical network terminal, internal
cabling and power supply;
(c) your own devices and local network environment;
(d) any third-party systems or internet services which are outside our control.
4.5. Voice and ancillary services
Unless expressly stated in the Order Confirmation, the Service does not include a traditional
landline voice service, backup power, managed information technology support, cyber security
monitoring, content filtering, parental controls, email hosting, static internet protocol
addresses, or any other ancillary feature.
Plush Broadband Ltd, registered in England & Wales under company number 17044953.
Registered address, 2 Oriel Court, Omega Park, Alton, England, GU34 2YT
4.6. Emergency access and resilience
The Service requires mains electricity and compatible equipment at the Premises. If there is a
power cut or equipment failure, the Service may not work. Unless we have expressly agreed
otherwise in writing, the Service must not be relied upon as the sole means of contacting
emergency services.
5. Installation, activation and access
5.1. Need for installation
To provide the Service, installation, activation and configuration work may be required at or
near the Premises. This may include an engineer visit, internal works, external works, the use
of existing infrastructure, or the installation or configuration of Equipment.
5.2. Access
You must provide or procure safe, timely and unobstructed access to the Premises for us, the
network operator, and any engineer, installer, contractor or agent acting on our behalf.
5.3. Permissions and consents
You are responsible for obtaining all permissions and consents needed for installation and
supply at the Premises, including from a landlord, freeholder, management company, superior
leaseholder, occupier, mortgagee or any other relevant third party.
5.4. Standard installation
Any standard installation included in your tariff is limited to the scope described in your Order
Confirmation or our published installation policy in force at the time of order.
5.5. Non-standard installation
If additional, unusual or non-standard work is required to install or activate the Service, we
may:
(a) give you a revised quotation;
(b) charge additional installation or engineering fees;
(c) postpone installation until you accept those additional charges; or
(d) cancel the Order if installation is not commercially or technically viable.
5.6. Missed appointments and failed visits
If an appointment is missed, aborted or rendered unproductive because:
(a) no suitable adult is present;
(b) access is not available;
(c) the Premises is unsafe;
(d) required permissions have not been obtained; or
(e) you otherwise fail to comply with your obligations,
we may charge a reasonable missed appointment or abortive visit fee, but only to the extent
that the charge reflects actual or reasonably incurred costs.
5.7. Installation date estimates
Any installation or activation date given by us is an estimate unless we expressly confirm
otherwise in writing. Time is not of the essence in relation to installation dates unless the law
requires otherwise.
5.8. Activation
The Service will begin on the Activation Date, which may be later than the installation visit
date.
5.9. Delay outside our control
If installation or activation is delayed due to events beyond our reasonable control, including
delay by the network operator, civil works, wayleave issues, access issues, supply shortages,
adverse weather, or third-party failures, we will use reasonable endeavours to keep you
informed and rearrange where possible.
6. Speeds, performance and service quality
6.1. Estimated and achievable speeds
Any speed quoted by us before contract, in advertising, on our website, in your Contract
Summary, or otherwise, will be treated as stated in the context in which it is given. Where an
estimated speed range or typical speed is given, it is an estimate, not a guarantee of constant
performance in all circumstances.
6.2. Minimum guaranteed speed
If your tariff or the applicable regulatory regime requires a minimum guaranteed download
speed, that minimum guaranteed speed will be stated in your Contract Summary or other pre
contract information. If the Service persistently performs below that guaranteed level, you may
have the rights set out in the Agreement and by law.
6.3. Causes of variation
Actual performance may vary due to:
(a) network contention or congestion;
(b) the capability and condition of your equipment and devices;
(c) wireless interference, internal building structure or local signal conditions;
(d) the quality and layout of cabling within the Premises;
(e) internet traffic on third-party networks or services;
(f) maintenance, faults, incidents or outages affecting the Network;
(g) the number of users or devices using the Service at the same time.
6.4. Wireless performance
Unless expressly stated otherwise in writing, any speed estimate relates to the service
delivered to the access point and not to wireless performance in every room of the Premises.
Wireless performance depends heavily on property layout, construction materials, interference
and device capability.
6.5. No guarantee of uninterrupted service
We do not guarantee that the Service will be continuous, fault-free, secure, uninterrupted or
available at all times. We will, however, use reasonable care and skill in providing the Service.
6.6. Maintenance and outages
We and the network operator may from time to time carry out planned or emergency
maintenance, upgrades, repairs, reconfiguration, testing, or other works which may affect the
Service.
6.7. Service degradation and remedies
If you experience sustained material degradation in the Service, you must report it to us. We
will investigate and, where the fault is within our control or can be escalated through our
supply chain, use reasonable endeavours to remedy it within a reasonable time.
7. Network management and acceptable use
7.1. Lawful use only
You must use the Service lawfully and must not use, or allow any other person to use, the
Service in any way which is unlawful, fraudulent, abusive, defamatory, threatening, harassing,
obscene, discriminatory, malicious, or otherwise improper.
7.2. Protection of the network and service
You must not use the Service in any manner which:
(a) interferes with the Network or the Service;
(b) causes harm to other users or service providers;
(c) compromises network security or service stability;
(d) facilitates denial-of-service attacks, spam, malware distribution or unauthorised
access;
(e) infringes intellectual property rights or data protection rights.
7.3. Fair and proportionate network management
We may apply reasonable, proportionate and lawful network management measures where
necessary to:
(a) maintain network integrity and security;
(b) prevent or mitigate congestion;
(c) comply with law, regulation or court order;
(d) prevent fraud or misuse;
(e) preserve a stable and fair service for customers generally.
7.4. Monitoring and investigations
We may monitor, record, review and disclose information relating to the Service where
reasonably necessary for security, fault diagnosis, billing, fraud prevention, legal compliance,
complaints handling, regulatory obligations, or the protection of our legitimate interests, in
each case subject to applicable law.
7.5. Compliance with additional policies
Use of the Service is also subject to our Acceptable Use Policy, as updated from time to time
in accordance with the Agreement. If there is any conflict between the Acceptable Use Policy
and these Terms and Conditions, these Terms and Conditions prevail.
8. Equipment
8.1. Equipment generally
We may supply Equipment for use with the Service. The Order Confirmation must state
whether the Equipment is:
(a) supplied on loan, lease, rental, hire or other basis where ownership remains
with us; or
(b) sold to you.
8.2. Equipment supplied on loan, lease, rental or hire
Where Equipment is supplied to you on a basis other than sale:
(a) legal and beneficial ownership of the Equipment remains with us at all times;
(b) you hold the Equipment as bailee for us;
(c) you must keep the Equipment safe, in good condition, and protected from loss,
theft, misuse and damage, fair wear and tear excepted;
(d) you must not sell, dispose of, pledge, charge, alter, tamper with, lend, assign,
part with possession of, or allow any encumbrance over the Equipment;
(e) you must use the Equipment only for receiving the Service at the Premises
unless we agree otherwise in writing;
(f) you must not remove or obscure any label or marking identifying our
ownership;
(g) you must allow us to update, configure or manage the Equipment remotely
where reasonably necessary.
8.3. Equipment sold to you
Where Equipment is sold to you:
(a) title passes only when the relevant price has been paid in full and cleared
funds have been received;
(b) risk passes on delivery to the Premises or on your collection, as applicable;
(c) the Equipment is sold subject to any manufacturer warranty and your statutory
rights;
(d) unless we have agreed otherwise in writing, technical support for sold
Equipment is limited to support necessary to deliver the Service and does not
include general information technology support for your private network or
third-party devices.
8.4. Delivery
If Equipment is delivered separately from installation, you must inspect it promptly and notify
us within a reasonable time if it is missing, visibly damaged, or appears to be incorrect.
8.5. Compatibility
Unless we expressly agree otherwise in writing, we do not warrant that equipment not supplied
by us will be compatible with the Service.
8.6. Power and environment
You are responsible for ensuring that the Premises has a suitable power supply,
environmental conditions and space for the Equipment.
8.7. Loss, damage and replacement
If Equipment owned by us is lost, stolen, destroyed or damaged beyond fair wear and tear
while in your possession or control, you must notify us promptly and pay our reasonable
replacement or repair charge, taking into account age, condition and depreciation where
appropriate.
8.8. Return of Equipment
If Equipment owned by us must be returned when the Agreement ends:
(a) you must return it within fourteen days of the end of the Agreement or any
other reasonable period we notify to you in writing;
(b) you must return it in reasonable condition, fair wear and tear excepted;
(c) if we provide return packaging or instructions, you must use them;
(d) if you fail to return it, or return it damaged beyond fair wear and tear, we may
charge the reasonable replacement or repair cost.
8.9. No security interest
You must not create or permit any mortgage, charge, lien, pledge, security interest or other
encumbrance over Equipment owned by us.
9. Your responsibilities
9.1. Accuracy of information
You must ensure that all information you give us is complete, accurate and not misleading.
9.2. Use at the Premises
You are responsible for all use of the Service from the Premises, whether by you, members of
your household, your guests, or anyone else using the Service with or without your
knowledge, unless and to the extent that the law prevents us from holding you responsible.
9.3. Security
You are responsible for taking reasonable steps to secure your own devices, passwords,
wireless network and local systems.
9.4. Internal network and third-party devices
Unless we expressly agree otherwise in writing, you are responsible for all internal wiring
beyond the standard demarcation point, for your own local area network, and for all third-party
devices and services used with the Service.
9.5. Reasonable cooperation
You must cooperate reasonably with us in relation to installation, activation, troubleshooting,
fault diagnosis and repair.
9.6. Illegal or harmful content
You must not use the Service to access, store, distribute or transmit unlawful content or
material in breach of third-party rights.
9.7. Resale prohibited
Unless we expressly permit it in writing, you must not resell, redistribute or otherwise make the
Service available to third parties for commercial gain.
10. Charges and payment
10.1. Your obligation to pay
You must pay all Charges properly due under the Agreement in full and on time without
deduction, set-off, counterclaim or withholding except where the law requires otherwise.
10.2. Types of charge
Charges may include:
(a) monthly subscription charges;
(b) installation and activation charges;
(c) delivery charges;
(d) charges for Equipment;
(e) call-out or engineering charges;
(f) missed appointment or abortive visit charges;
(g) replacement or repair charges for Equipment;
(h) early termination charges;
(i) any other charge clearly identified in the Contract Summary, Order
Confirmation, Tariff or these Terms and Conditions.
10.3. Billing frequency
Recurring charges are payable monthly in advance unless the Order Confirmation states
otherwise.
10.4. Start of charging
Recurring charges begin on the Activation Date unless the Order Confirmation expressly
states otherwise.
10.5. Payment method
You must pay by direct debit unless we agree another payment method in writing.
10.6. Failed payment
If any payment fails, is reversed, is cancelled, is recalled by the payer, or is not received by
the due date, we may:
(a) ask you to make payment immediately by another method;
(b) charge a reasonable failed payment administration fee if stated in the Tariff and
lawfully applicable;
(c) suspend the Service on reasonable notice or immediately where justified;
(d) refer the debt for recovery in accordance with law.
10.7. Billing disputes
If you believe a charge is incorrect, you must tell us promptly and in any event within a
reasonable time of the bill date. You must still pay any undisputed part of the bill by the due
date.
10.8. Credit balances and refunds
Any refund properly due to you will be made using the payment method we reasonably
choose, usually to the same account from which payment was received, subject to fraud
prevention and legal requirements.
10.9. Taxes
Charges stated to Consumers include value added tax where applicable unless expressly
stated otherwise.
11. Price changes
11.1. Price certainty
Any recurring price, introductory price, discount period, one-off charge, and price change
mechanism applicable to your Agreement must be stated clearly in your pre-contract
information and Contract Summary.
11.2. Changes during the Minimum Term
We may only increase recurring prices during the Minimum Term to the extent permitted by
law, regulation and the Agreement as presented to you before contract.
11.3. Materially detrimental changes
If we make a contractual change which is not exclusively to your benefit, and the law or
regulation gives you a right to exit without penalty, we will notify you as required and honour
that right.
11.4. General changes to charges outside the Minimum Term
After the Minimum Term, we may vary our charges on giving you at least thirty days’ written
notice, unless a longer period is required by law.
11.5. No hidden charges
Ofcom’s transparency rules require up-to-date and comparable information on prices, tariffs,
terms, conditions and termination charges. Your commercial documents should therefore
match these Terms and Conditions exactly on price structure.
12. Minimum Term, renewal and rolling contract
12.1. Minimum Term
The Agreement begins on the Activation Date and continues for the Minimum Term unless
ended earlier in accordance with the Agreement or by law.
12.2. End of Minimum Term
At the end of the Minimum Term, the Agreement will continue on a rolling monthly basis
unless:
(a) you give notice to end it in accordance with the Agreement;
(b) we give notice to end it in accordance with the Agreement; or
(c) the Agreement is otherwise brought to an end.
12.3. No automatic new fixed commitment without express consent
We will not place you into a new fixed Minimum Term after the original Minimum Term unless
you expressly agree to it.
13. Your cancellation rights before and shortly after activation
13.1. Cooling-Off Period
If the Agreement is concluded at a distance or off premises, you have the statutory right to
cancel it during the Cooling-Off Period unless an exception applies by law.
13.2. How to cancel during the Cooling-Off Period
To cancel during the Cooling-Off Period, you must inform us by a clear statement before the
period expires.
13.3. Service Start Request during the Cooling-Off Period
If you ask us expressly to start installation, activation or service delivery during the Cooling-Off
Period:
(a) you acknowledge that work may begin before the Cooling-Off Period expires;
(b) if you later cancel within the Cooling-Off Period, you must pay for services
supplied up to cancellation and for any installation or setup work already
completed, to the extent permitted by law;
(c) if Equipment has been supplied, you must return any equipment owned by us
in accordance with our instructions.
13.4. Effect of cancellation
If you cancel validly within the Cooling-Off Period, we will refund sums paid by you except:
(a) charges lawfully due for services already supplied at your express request;
(b) any reduction in value caused by handling of goods beyond what is necessary
to establish their nature, characteristics and functioning, where the law allows;
(c) any charges the law permits us to retain.
14. Ending the Agreement after the Cooling-Off Period
14.1. Your right to end after the Minimum Term
After the Minimum Term, you may end the Agreement at any time by giving us at least thirty
days’ notice, unless a different notice period is required by law or the applicable switching
process.
14.2. Your right to end during the Minimum Term
You may end the Agreement during the Minimum Term if:
(a) we materially breach the Agreement and fail to remedy that breach within a
reasonable time after being asked to do so;
(b) the law gives you a right to exit without penalty;
(c) the Service persistently fails to meet a guaranteed minimum level and we do
not remedy the issue within a reasonable time;
(d) we notify you of a change which entitles you to exit without penalty; or
(e) we otherwise agree in writing.
14.3. Ending because of switching
Where you switch to another provider using the applicable industry switching process, the
Agreement will end in accordance with that process and the legal and regulatory framework in
force at the time.
14.4. Notice
Notice to end the Agreement must be given in the manner we specify reasonably from time to
time, provided that the method offered is fair and reasonably accessible.
15. Early termination charges
15.1. When early termination charges apply
If you end the Agreement during the Minimum Term, or the Agreement ends during the
Minimum Term because of your breach, you must pay the early termination charge unless:
(a) the law says you do not have to pay it;
(b) the Agreement gives you a penalty-free right to exit; or
(c) we expressly waive it.
15.2. Basis of calculation
The early termination charge must represent no more than our net loss arising from the
Agreement ending early. It must not operate as a penalty.
15.3. Calculation method
Unless a different lawful method is stated clearly in your pre-contract information, the early
termination charge will be calculated as:
(a) the recurring monthly charges which would have fallen due for the remainder of
the Minimum Term;
less
(b) any costs we save because the Agreement ends early;
less
(c) any amount we are required by law, regulation or fair dealing principles to
disregard.
15.4. Transparency
Any early termination charge policy must be set out clearly in your pre-contract information
and Contract Summary so that it is transparent before contract.
15.5. Immediate payment
Any early termination charge becomes payable when the Agreement ends unless we agree a
payment arrangement in writing.
16. Our right to suspend the Service
16.1. Grounds for suspension
We may suspend the Service immediately or on notice if:
(a) you fail to pay Charges when due;
(b) we reasonably suspect fraud, abuse or unlawful activity;
(c) your use of the Service breaches the Agreement;
(d) the Service or the Network is at risk of harm, compromise or misuse;
(e) maintenance, repair, upgrade or technical work is required;
(f) we are required to do so by law, regulation, court order or competent authority;
(g) there is an emergency or serious operational issue.
16.2. Notice of suspension
Where reasonably practicable, we will give you prior notice of suspension. We may suspend
without notice where immediate action is reasonably required.
16.3. Charges during suspension
If we suspend the Service because of your breach or non-payment, recurring charges may
continue to accrue during the suspension period unless the law requires otherwise.
16.4. Reconnection
We may charge a reasonable reconnection fee if the Service is suspended because of your
breach or non-payment and is later restored.
17. Our right to end the Agreement
17.1. Termination for breach
We may end the Agreement immediately or on notice if:
(a) you commit a material breach of the Agreement;
(b) you fail to pay Charges and do not remedy that failure within a reasonable time
after notice;
(c) you repeatedly breach the Agreement in a way which reasonably justifies
termination;
(d) we reasonably suspect fraud, criminal conduct or serious misuse connected
with the Service;
(e) you provided materially false or misleading information when ordering;
(f) access to the Premises is repeatedly not made available where reasonably
required;
(g) continuation of the Agreement would expose us, the network operator, or
others to legal, regulatory, security or operational risk.
17.2. Termination for technical or operational reasons
We may end the Agreement on reasonable notice if:
(a) the Service becomes impossible or impracticable to provide for technical, legal,
commercial or operational reasons beyond our reasonable control;
(b) the network operator withdraws, changes or restricts the underlying service in a
way which materially affects supply;
(c) there is a persistent issue with the Premises or installation environment which
prevents safe or workable provision of the Service.
17.3. Effect of our termination
If we end the Agreement under this clause because of your breach, early termination charges
may apply in accordance with clause 15.
18. Faults, support, repairs and appointments
18.1. Reporting faults
You must report faults to us through our support channels as soon as reasonably practicable
after becoming aware of them.
18.2. Our obligation
We will use reasonable care and skill and reasonable endeavours to diagnose and resolve
reported faults within a reasonable time.
18.3. Cooperation in diagnostics
You must follow reasonable troubleshooting steps, including basic checks, reboots, cable
checks, and where appropriate the temporary connection of a device by cable, before an
engineer visit is arranged.
18.4. Engineer visits
Where an engineer visit is needed, you must ensure that an adult authorised by you is present
for the appointment unless we agree otherwise.
18.5. Customer-caused faults
If a fault is caused by:
(a) your equipment or wiring;
(b) damage at the Premises not attributable to us;
(c) misuse, tampering or accidental damage;
(d) your failure to follow our reasonable instructions,
we may charge you a reasonable diagnostic, call-out, repair or replacement fee, provided that
this has been disclosed appropriately and is lawful.
18.6. Third-party network faults
Where a fault lies in the Network or another third-party system, repair times may depend on
the processes and service levels of the relevant third party. We will nevertheless use
reasonable endeavours to escalate and pursue resolution.
18.7. Planned works
We may carry out planned works and may interrupt the Service for that purpose. We will try to
minimise disruption.
18.8. Compensation
If any automatic compensation scheme applies to us and to the circumstances of your case,
we will deal with compensation in accordance with that scheme. If no such scheme applies,
any compensation will be dealt with in accordance with the Agreement and your statutory
rights.
19. Liability
19.1. Your statutory rights
Nothing in the Agreement excludes or restricts liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any rights you have under consumer protection legislation which cannot lawfully be excluded or restricted.
19.2. Standard of care
We will provide the Service using reasonable care and skill.
19.3. Matters outside our control
Subject to clause 19.1, we are not liable for loss or damage caused by matters beyond our
reasonable control, including failures or delays caused by:
(a) the Network or other third-party infrastructure;
(b) power failures at the Premises;
(c) the acts or omissions of landlords, freeholders, developers, management
companies or other third parties;
(d) your devices, software, internal wiring or wireless environment;
(e) internet services or systems not operated by us;
(f) events falling within clause 20.
19.4. Excluded heads of loss
If and to the extent permitted by law, we are not liable for:
(a) loss of profit;
(b) loss of business;
(c) loss of revenue;
(d) loss of anticipated savings;
(e) loss of opportunity;
(f) loss of goodwill;
(g) indirect loss;
(h) consequential loss.
Because these are consumer terms, this exclusion is intended to exclude only loss which may
lawfully be excluded in a consumer contract and will be interpreted accordingly.
19.5. Reasonable cap
Subject to clause 19.1, our total aggregate liability to you arising out of or in connection with
the Agreement, whether in contract, tort including negligence, breach of statutory duty,
misrepresentation or otherwise, shall not exceed the greater of:
(a) the total recurring monthly charges actually paid by you under the Agreement
in the twelve months immediately preceding the event giving rise to the claim;
or
(b) five thousand pounds.
19.6. No exclusion of refund rights
Nothing in this clause prevents you from receiving a refund, price reduction, repeat
performance or other remedy to which you are entitled by law.
19.7. Your liability to us
You are liable to us for loss we suffer where that loss is caused by your breach of the
Agreement, negligence, fraud, misuse of the Service, or failure to return Equipment owned by
us, subject always to any restrictions imposed by law.
20. Events beyond our reasonable control
20.1. Force majeure
We are not in breach of the Agreement, and are not liable for delay, interruption or failure in
performance, if the delay, interruption or failure results from an event beyond our reasonable
control.
20.2. Examples
Such events include, by way of example only:
(a) severe weather;
(b) flood, fire, explosion or accident;
(c) epidemic or pandemic;
(d) war, terrorism, civil unrest or sabotage;
(e) power failure not caused by us;
(f) failure or delay of a supplier, carrier, wholesaler, contractor or network
operator;
(g) strike, lock-out or industrial dispute;
(h) shortage of materials or equipment;
(i) wayleave, planning or access issues;
(j) acts or omissions of governmental or regulatory authorities.
20.3. Consequences
If such an event occurs, we will use reasonable endeavours to mitigate its effect and resume
performance as soon as reasonably practicable.
21. Data protection and privacy
21.1. Personal data
We will process personal data in accordance with applicable data protection law and our
Privacy Notice.
21.2. Purposes
We may process your personal data for purposes including:
(a) contract administration;
(b) installation and service delivery;
(c) billing and payment processing;
(d) credit checking and fraud prevention, where lawful;
(e) fault diagnosis, support and service improvement;
(f) compliance with legal and regulatory obligations;
(g) complaints handling and dispute resolution.
21.3. Sharing
We may share your personal data with installers, contractors, payment processors, support
providers, network operators, regulators, Alternative Dispute Resolution providers, debt
recovery agents, and other third parties where necessary and lawful.
21.4. Privacy Notice
Further details are set out in our Privacy Notice.
22. Complaints and dispute resolution
22.1. Complaints procedure
If you are dissatisfied with any aspect of the Service, Equipment, billing, installation, customer service or the way we have handled your account, you should complain to us using our complaints process.
22.2. Complaints code of practice
Ofcom requires communications providers to maintain accessible complaint handling procedures and to set them out in a code of practice. We must therefore maintain a compliant complaints code and make it available to customers.
22.3. Complaints handling
We will investigate complaints fairly and within a reasonable time.
22.4. Alternative Dispute Resolution
If we have not resolved your complaint to your satisfaction within eight weeks, or if we issue a
deadlock letter sooner, you may be entitled to refer the matter to the Alternative Dispute
Resolution scheme of which we are a member.
22.5. Mandatory membership
Ofcom requires communications providers to be members of an independent Alternative
Dispute Resolution scheme and to comply with the decisions of that scheme. Before this
contract goes live, you must insert the name and contact details of the scheme you have
actually joined.
22.6. Court proceedings
Nothing in this clause prevents either party from bringing proceedings in the courts where
lawful and appropriate.
23. Changes to these Terms and Conditions
23.1. Our right to change the Agreement
We may change the Agreement where reasonably necessary to:
(a) reflect changes in law, regulation, code or guidance;
(b) reflect decisions, requirements or operational changes imposed by the network operator or another supplier;
(c) improve security, safety, performance or service administration;
(d) correct errors or ambiguities;
(e) reflect changes to our business, systems or service model.
23.2. Notice
We will give notice of changes as required by law and regulation.
23.3. Right to exit
Where a change gives you a statutory or regulatory right to exit the Agreement without
penalty, we will notify you of that right and honour it.
24. Transfer of rights
24.1. Our rights
We may assign, novate, subcontract, charge or otherwise transfer any of our rights or
obligations under the Agreement, provided that doing so does not reduce your legal
protections.
24.2. Your rights
You may not assign, transfer, charge or otherwise dispose of your rights or obligations under
the Agreement without our prior written consent.
25. Notices
25.1. Notice by us
Any notice given by us under the Agreement may be sent by post, electronic mail, short
message service, account notification or other durable medium to the contact details most
recently provided by you.
25.2. Notice by you
Any notice given by you under the Agreement must be sent using the contact methods which
we have specified for notices of that kind, provided that those methods are fair and reasonably
accessible.
25.3. Deemed receipt
A notice is deemed received:
(a) if delivered by hand, when left at the proper address;
(b) if sent by first class post, on the second Working Day after posting;
(c) if sent by electronic mail, at the time of transmission unless a delivery failure message is received;
(d) if sent by short message service or account notification, when successfully transmitted.
This clause does not apply where law requires actual receipt.
26. General legal provisions
26.1. No waiver
If either party delays in enforcing any right under the Agreement, that delay does not waive the
right.
26.2. Severability
If any provision of the Agreement is found by a court or competent authority to be invalid,
unlawful or unenforceable, that provision shall be treated as deleted only to the minimum
extent necessary, and the remainder of the Agreement shall continue in full force and effect.
26.3. Third-party rights
A person who is not a party to the Agreement has no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of the Agreement, except where the Agreement
expressly states otherwise.
26.4. Survival
Any provision which by its nature is intended to continue after the Agreement ends shall
continue in force, including provisions on payment, early termination charges, Equipment
returns, liability, data protection, complaints, and governing law.
26.5. Interpretation in favour of consumer rights
If there is any inconsistency between the Agreement and your mandatory rights under
consumer law, your mandatory legal rights prevail.
27. Governing law and jurisdiction
27.1. Governing law
The Agreement and any dispute or claim arising out of or in connection with it, its subject
matter or formation, whether contractual or non-contractual, shall be governed by and
construed in accordance with the law of England and Wales.
27.2. Jurisdiction
You may bring legal proceedings in the courts of England and Wales. If you live in Scotland or
Northern Ireland, you may also have rights to bring proceedings in the courts of your home
jurisdiction to the extent permitted by law. We may bring proceedings only in a court permitted
by law.