1. WHAT THESE TERMS COVER
These are the terms and conditions on which we will supply to you the service you have selected in the order (the Service) and the relevant equipment and set up and installation services that you will need so that you can receive the Service. The Service is also subject to the following terms which are set out on our website at www.wildanet.com.
Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Service and any related set up services and equipment to you, how you will be charged, how the contract can be ended, what to do if there is a problem and other important information. If you are unsure about any part of these terms, please contact us to discuss them or ask for clarification.
Are you a consumer or a business customer?
If you buy the Service from us, you will have different rights depending on whether you are a business customer or consumer. These terms apply to you if you are buying the Service as a consumer. You are a consumer if:
you are an individual; and you are buying the Service from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). These terms are intended for consumers who are asking us to provide the the Service to their homes for use by them and their family. Nothing in these terms will affect your statutory rights as a consumer using the Service and the related equipment.
These terms are not intended to cover business customers
If you want to use the Service wholly or mainly for business use, please contact us to discuss. These terms are not intended to apply to business use. We have other terms that apply to business use, which we will provide to you if you are a business user.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Wildanet Limited, a company registered in England and Wales. Our company registration number is 10586466 and our registered office and business address is at 1a Penrose House, Treleigh Industrial Estate, Redruth, TR16 4DE. Our registered VAT number is GB265370400
Who regulates the Service we provide?
We are regulated by Ofcom whose website is at Ofcom.org.uk
We are a member of the following associations. UK WISPA ukwispa.org
How to contact us
You can contact us by emailing or telephoning our customer service team at firstname.lastname@example.org or 0800 0699906 or by writing to us at 1a Penrose House, Treleigh Industrial Estate, Redruth, TR16 4DE.
How we may contact you
If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order or by telephone, but the primary means of communication will be through our customer portal. For more about this see paragraph 7 below.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
Your order. You must be at least 18 years of age to place an order for the Service with us.
Acknowledgement of your order
When you place an order with us on our website, we regard this as an offer from you to purchase a subscription for the relevant Service (and related installation and set-up services). We will acknowledge your order by email once we receive it, but that does not mean that we have accepted your order. We will need to check that we can provide the Service to your geographic location before we can accept of your order and agree to provide the Service to you.
How we will accept your order
Our acceptance of your order will take place when we email you our confirmation that we accept your order and your chosen installation date, once we have checked that we can provide the Service to your home, at which point a contract will come into existence between you and us. You should print off and keep a copy of these terms for reference purposes (a copy of this will be placed in your customer portal in any event).
If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing via email and will not charge you for the Service or any related charges for the set-up of any equipment you need to receive the Service. This might be because we cannot provide the Service to your geographical location, because there are line of sight obstructions (for example, overhanging), because of unexpected limits on our resources, which we could not reasonably plan for, or because we have identified an error in the price or description of the Service.
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order for the Service. When we accept your order, we will also send you information to allow you to access and manage your online account with us via our customer portal as described in paragraph 7 below. You will be able to arrange the set up of the equipment and the activation of the Service via the customer portal.
We only sell to the UK. Our website is solely for the promotion of our Service in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. SET UP OF THE EQUIPMENT AND ACTIVATION OF THE SERVICE
Set up of the equipment and Service activation date
When have checked that we can provide the Service to your home and your order has been accepted and a set-up and activation date has been agreed via the customer portal, our engineer will visit your home to set up and install the equipment and activate the Service on the agreed date. If we have to change the set-up date or delay activation for any reason, we will try to notify you as soon as possible.
Your responsibility in relation to consents
You are responsible for applying for and obtaining any consents or permissions that are required for you to have equipment set up at your home or to use the Service (for example, planning permissions, from local authorities, consents from landlords etc). We do not have to set up the equipment or make the Service available until you have satisfied us that all relevant consents or permissions have been obtained.
Visits to your home to set up the equipment
You agree that you or someone who is over 18 and authorised by you will be at your home when our engineer visits your home to set up the equipment and activate the Service.
Location of equipment
Our engineer will try to locate the equipment in your preferred location at your home but, for technical or other reasons related to the Service, we may not be able to do this. Our installation guide outlines what we will do at your home www.wildanet.com/standardinstallation. Once it has been set up by us, you should not try to adjust or move the equipment yourself as this equipment remains our property at all times. Please contact us if the equipment needs to be moved or any adjustment or repair needs to be made to it for any reason and we will arrange a visit so that our engineer can do this. We are not responsible for any loss or damage caused by you setting up, repairing, attempting to adjust or moving the equipment yourself or authorising anyone other than Wildanet to do this on your behalf.
Electricity and other facilities you need to provide
You agree that it is your responsibility to ensure that you have suitable power sources, cabling, wiring, power outlets and/or sockets, for the equipment that comply with the requirements we have notified to you on the website and via e-mail. We do not have to set up the equipment and make the Service available to you if it is not practical to set up the equipment for health and safety reasons or any other reason.
Other equipment owned by you
Where the equipment needs to be connected to other services or equipment belonging to you (such as computers, televisions or other devices)), we are not responsible for your equipment working properly, but you agree that we will have access to any equipment to carry out the set-up services and check that the Service is working.
Our instructions for use of the equipment we provide to you
You should at all times comply with the instructions we provide to you relating to use of the equipment we provide to enable you to use the Service. If the equipment we provide is faulty, then you should notify us of this fact as soon as possible so that we can attempt to remedy this and, if necessary, replace the Equipment.
5. PROVISION OF THE SERVICE BY US
When the Service starts and the minimum commitment period
The Service starts when we activate it after installation of the equipment we provide is complete. The Service will then continue until your subscription expires or you end the contract as described in paragraph 14 below or we end the contract by written notice to you as described in paragraph 15 below. The minimum commitment period for the Service you order will be as set out in your order and will start on the activation date.
The Service we provide
The Service we provide will be as described on our website for the package you have selected and will include support via email and a helpdesk. As part of the Service, we will also provide you with the equipment and set up and installation services above. The Service comes with parental controls set as standard which can be adjusted by you if you wish to do so.
Quality of the Service
Our aim is to provide a continuous uninterrupted service which is in accordance with the description of the Service as set out on our website, but from time to time there may be interruptions or problems with the Service. We will try to rectify any interruptions and problems with the Service as soon as we can but some circumstances may be beyond our control (for example snow or hail is likely to interrupt the Service given it is a wireless connection). Any services provided by us will be supplied in within a reasonable time and with reasonable skill and care and the equipment we provide will be of satisfactory quality and suitable for the purpose for which it is provided to you.
What happens at the end of the minimum commitment period?
At least one month prior to the end of the minimum commitment period, we will email you to remind you that the minimum commitment period is coming to an end. If you want to end the Service at the end of the minimum commitment period, you should give us at least one months' written notice of this. If you do not do this, the contract between us will continue from month to month after the end of the minimum period until it is terminated by either you or us in accordance with these terms.
6. YOUR USE OF THE SERVICE
The Service is only for use by you and your household
The Service is intended for private use by an individual consumer and their household for their own domestic use. It is not intended to be used for business purposes. We reserve the right to terminate the Service immediately, if we find that you are using it for business purposes.
Use of the Service using your account
You are responsible for any use of the Service using your account and the charges for using that account. This is the case whether those charges relate to use by you or anyone else, regardless of whether or not you gave your permission to their use of the Service. The only exception is where the charges result from fraudulent use of your account by someone else. If you become aware of any fraudulent use, you should inform us as soon as possible.
How you use the Service
You and any member of your household you allow to use the Service must comply with our Acceptable Use Policy. You must also ensure that any use you make of the Service and any equipment you connect to the network will not interfere or harm it or affect our other customers' equipment or use of the Service. If we reasonably consider that you have done anything which adversely affects the Service or other customers' use of it, we reserve the right to terminate or restrict your use of the Service immediately.
When we can restrict your use of the Service
We can restrict your use of the Service if you are adversely affecting use of the Service or our other customers' use of our network or if it is necessary to restrict your use to stop the spread of any computer virus within your equipment or our network. We may also need to interrupt the Service from time to time to make technical changes but, if we do so, we will restore the Service as quickly as we can in the circumstances.
7. MANAGING YOUR ACCOUNT
Access to your account
Once we accept your order, we will email you with details of your own customer portal area where you may access and update information relating to your account with us.
You must not share your login details
You must keep your login details and password confidential and must not share them with anyone else.
Access to billing information
You will be able to access your bills within your online account and we will email you when new billing information is available to you. You will also be able to update or change your information and update your payment method (eg if you move banks or a credit card expires) via your online account.
8. CHARGES AND PAYING FOR THE SERVICES
Where to find details of charges for the Service and related services and equipment
The charges for the Service (and set-up services and installation of the equipment) will be the charges set on the order page when you place your order. We take all reasonable care to ensure that the charges of the Service advised to you are correct. You can check and manage your account using your account via customer portal referred to in paragraph 7 above. However please see paragraph 8.9 for what happens if we discover an error in the charges of the Service you order.
When we will start to charge you
When we accept your order for the Service, we will charge you the set-up fee (which covers the installation of the equipment and the set-up services), but we won't charge you for the Service until it has been activated. We will charge you for the first instalment of the subscription charges for the Service when we are informed by our engineer that the Service has been activated.
When and how you must pay
Details of the methods of payment we accept are set out on the order page of our website where you place your order. We will charge you for the Service during period of the contract (which will be subject to the minimum commitment period in your order) as follows:
the Set-Up Fee will be charged to you when email you to confirm that we have accepted your order;
the first instalment of your subscription fee will be charged to you when the Service is activated for you by our engineer; and
a monthly subscription fee, as set out in the order which will be payable monthly in advance. The monthly subscription fee will remain unchanged during the initial minimum commitment period unless you notify us that you wish to change your bandwidth requirements or move to a different Service package.
Increases in charges after the minimum commitment period
We may increase your monthly subscription charge for the Service after the minimum commitment period by giving you at least one month's notice of this. When we email you to notify you that the minimum commitment period is coming to an end, we will tell you about any increase in the charges (and about any other changes to the Service) if you want to continue the Service after the minimum commitment period. If you do not agree to the increase in charges or other changes to the Service, please let us know. If we do not hear from you we will assume that you want your contract to end, once the minimum commitment period comes to an end.
Additional charges for support in certain circumstances
Usually, we will be able to provide remote support for the Service and equipment. However, in some cases we may be entitled to charge you for an engineer visiting your home: please see paragraph 11. These charges are set out in our Price Guide.
VAT and changes in the rate of VAT
The charges include VAT at the rate that applies when you place your order. If the rate of VAT changes during the period of the contract, we will adjust the rate of VAT that you pay.
What happens if we get the charges wrong
It is always possible that, despite our best efforts, there may be an error in the charges. We will normally check charges before accepting your order. If there is a change in the charges after you have place your order, but before the Service has been activated, we will contact you to check that you wish to continue with your order for the Service. If we accept your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
We can charge interest if you pay late
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 Santander UK plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us this interest together with any overdue amount.
What to do if you think an invoice is wrong
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9. YOUR RIGHTS TO ASK FOR CHANGES TO THE SERVICE ORDERED
How you can change the Service package you have ordered
If you wish to make a change to the Service you have ordered, please contact us via the customer portal or by e-mail or phone. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the charges for the Service, when the Service will change or anything else which would be necessary as a result of your requested change. We will then also ask you to confirm whether you wish to go ahead with the change.
Changing to another Service package during the minimum commitment period
If we agree to your request to your move to another Service package during your minimum commitment period, the remainder of that minimum commitment period will apply to the new Service package. If you decide to change your mind after you have asked to move to another Service package in accordance with paragraph 13 below, when you cancel we will move you back to your previous package, if you are still within the minimum commitment period for the original Service package.
10. OUR RIGHTS TO MAKE CHANGES TO THE SERVICE
Minor changes to the Service
We may, from time to time, make changes to the Service to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the Service but, if they will, we contact you via email and/or by posting information about the changes on our website to make you aware of the impact on your use of the Service.
More significant changes to the Service and these terms
In addition, as we expand the Service and increase our Service package offerings, we may make more substantial changes to the Service (both to charges and to other aspects of the Service) and to these terms. If we do this, we will give you at least one month's notice of the change. If you do not agree to the change, you may then contact us to end the contract before the changes take effect and you receive a refund for any charges for the Service you have already paid for but have not received.
Updates to software used by the Equipment
We may update the software used by the equipment from time to time to improve the Service and you agree that we will be given access to our equipment from time to time to do this. We should be able to do this remotely but if this does not happen automatically or leads to problems with your use of the Service, please contact us via on 0800 0699906, or via e-mail email@example.com as we may need to arrange for an engineer to visit your home to resolve the problem.
11. SUPPORT FOR THE SERVICE
How we will provide support for the Service
We should be able to provide most support to you via our helpdesk which you can contact on 0800 0699906 or via e-mail firstname.lastname@example.org. If we do need to arrange for an engineer to visit your home, we will agree a date with you and let you know in advance. If this needs to be changed or cancelled, you will give us at least 2 working days' notice of this.
Engineer visits to your home
You must ensure that you give us with the correct address for your property and ensure that you or someone aged over 18 is present who can provide information about the problem to the engineer and make any relevant decisions.
When we can charge for engineer visits
We may charge you for engineer visits to your home at the rate set out in the Price Guide if:
the engineer visits your home but there was no authorised person there to discuss the problem with in as referred to in paragraph 11.2;
the engineer visits your home to resolve a fault but could not find a fault or discovers that the fault was not due to our Service (or any related service or equipment provided by us); or
you did not give us 2 working days' notice to change or cancel the date of a visit as referred to in paragraph 11.1 or you decide you do not want our engineer to carry out the work.
12. SUSPENSION OF THE SERVICE
Reasons that we may suspend supply of the Service to you
We may, in the following circumstances, suspend the supply of the Service to you:
to deal with technical problems or make technical changes to the Service; or
to update the equipment or the Service to reflect changes in relevant laws or regulatory requirements; or
to update the software or equipment because you have requested a change to the Service package provided to you or an update requires an engineer to visit to your homes because there has been a problem with an update, the equipment or the Service.
Your rights if we suspend the Service
We will contact you in advance to tell you we will be suspending the Service, unless the problem is urgent or an emergency. If we have to suspend the Service for a period longer than 24 hours we will adjust the price so that you do not pay for the Service while it is suspended. You may contact us to end the contract for the Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 24 hours and we will refund any amount you have paid in advance for the Service in respect of the period after you end the contract.
We may also suspend supply of the Service if you do not pay
If you do not pay us for the Service when you are supposed to do so (see paragraph 8 above) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Service. We will not suspend the Service where you dispute the unpaid invoice (see paragraph 8.11 above). We will not charge you for the Service during the period for which it is suspended. As well as suspending the Service we can also charge you interest on your overdue payments (see paragraph 8.10 above).
13. YOUR RIGHT TO CHANGE YOUR MIND AND CANCEL THE SERVICE
Your right to cancel
You can change your mind and cancel the Service (and related equipment and set-up services) within 14 days from the day after we accepted your order. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 0800 0699906 or email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
What happens if we have started to provide the Service
If you cancel within the 14 day cancellation period but after we have set up the equipment and started to provide the Service to you, you must:
pay for the Service received up to the date that you told us you wanted to cancel the Service; and
pay for the set-up services; and
allow us access to your home collect the equipment which was installed when the Service was set up for you at a time which we agree with you.
What happens if you do not make the equipment available for collection
If you do not allow us access to your home to uninstall and collect the equipment, on the date agreed with us, we will charge you the full price of the equipment, unless it was faulty. However, if you allow us to collect the equipment at a later date, we will return the amount that you were charged for it.
How we will refund you
If you are entitled to a refund under these terms we will refund you for any charges (after any deductions we are entitled to make under these terms) for the price you paid by the method, you used for payment.
When your refund will be made
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, the refund will be made within 14 days of your telling us you have changed your mind.
14. YOUR RIGHT TO END THE CONTRACT
Your right to end the contract with us
Your rights when you end the contract will depend on the Service for which you have subscribed, when you decide to end the contract, the minimum commitment period and whether that has come to an end, whether we have made any significant changes to the terms and whether there are any problems with the Service or any other services provided under the contract or the equipment.
What happens if the equipment is faulty
If there is a fault with the equipment, you should inform as soon as possible, and we will arrange to collect this and replace it, if you wish to continue with the Service. If you tell us that any equipment is faulty, and we test it and it turns out that there is no fault, we reserve the right to charge you for our time in investigating this at the rates for engineer visits set in our Price Guide.
If you are a consumer and have just changed your mind you may cancel the contract
You may be able to get a refund if you change your mind within the 14 day cooling-off period. See paragraph 13 above.
Ending the contract because of something we have done or are going to do
You are entitled to end the contract between you and us immediately if:
we have given you at least one month's notice about an upcoming material change to the Service or these terms, which you do not agree to; or
we have told you about an error or change in the price or description of the Service and Equipment you have ordered, and you do not wish to proceed; or
there is a risk that the set-up services may be significantly delayed, or the Service is interrupted for a period of more than 14 days because of events outside our control; or
we have suspended supply of the Service for technical reasons, or notify you we are going to suspend the Service for technical reasons, in each case for a period of more than 24 hours day; or
you have a legal right to end the contract because of something we have done wrong.
If you are ending a contract for a reason set out at paragraphs 14.5.1 to 14.5.6 above, the contract will end immediately, and we will refund you in full for any Service which have not been provided and you may also be entitled to compensation.
We may also bring our contract with you to an end as detailed in paragraph 15 below.
What happens after the end of the minimum commitment period
Once the minimum commitment period has come to an end, the contract will continue from month to month. You can bring it to an end at any time by giving us at least one month's written notice to do this or otherwise ending the contract for any of the reasons set out in paragraphs
Email notification that a subscription period is coming to an end. We will email you at least one month before the end of the minimum commitment period to remind you that this is coming to an end and that you can give us one month's notice to terminate, if you do not wish to continue the Service.
Can you end the contract during the minimum commitment period?
You can still end the contract during the minimum commitment period after you have lost the right to change your mind (see paragraph 13), even if we are not at fault by giving us one month's notice in writing. If you want to end the contract in these circumstances, please contact us to let us know. The contract will not end until one month after the day on which you contact us. If you end the contract during the minimum commitment period, you will need to pay us the charge for early termination as set out in the Price Guide.
15. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if:
you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due; or
you do not, within a reasonable time, arrange a time for our engineer to come and set up the equipment, allow us access to your premises or do not comply with the other requirements of paragraph 4 above; or
you do not provide us with information that is necessary for us to provide the set-up services or Service to you (for example, information about any consents to have the equipment installed or your availability for installation of the equipment); or
you do not comply with these terms or we reasonably believe that you are using the Service otherwise than as permitted by these terms and our Acceptable Use Policy;
we reasonably believe that you have used the Service or equipment for any illegal purpose or have provided us with false or misleading information; or
your use of the Service is affecting the network or use of the services by our other users.
Your right to remedy anything you have done to break the contract
Depending on the circumstances, we will usually allow you 14 days to remedy anything you have done which breaches these terms, if the matter can be remedied. However, we do not have to do this where this would be likely to adversely affect us or our other customers or where what you have done is illegal.
You must compensate us if you break the contract
If we end the contract in the situations set out in paragraph 15.1 we will refund any money you have paid in advance for the Service (and any related services or equipment) we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. In addition, if we end the contract because of something you have done within the minimum commitment period, you may have to pay us the charges which apply on early termination as set out in Price Guide.
Other reasons we may end the contract
We may also end the contract and stop providing the Service at any time on giving you at least one month's in advance if:
we cease providing the Service to our customers for any reason (for example, because our network providers or suppliers cease to provide service to us or there is a legal or regulatory change which affects our provision of the Services or any authorisation required to provide the Service comes to an end or the terms are changed); or
you die or become bankrupt; or
we have to do so because of an emergency or event beyond our control which will prevent us from providing the Service for a period in excess of 14 days. If we do end the contract between you and us in these circumstances, will refund any sums you have paid in advance for set-up services, equipment and any Service which will not be provided, and you will not have to pay any early termination charges, even if we terminate the contract during the minimum commitment period.
16. PROBLEMS WITH THE SERVICE PROVIDED AND YOUR LEGAL RIGHTS
What to do if there is a problem?
We always use reasonable efforts to ensure that the equipment and our provision of the set-up services and the Service are problem fee. If, however, there is a problem, please let us know as soon as possible. Once you have notified us of the problem, we will try to remedy the matter as quickly as is reasonably possible and practical in the circumstances.
Who pays for remedying a problem?
This will depend on how the problem was caused. We will not charge you where the problem was caused by us, those working us or authorised by us to carry out work for us or if no-one is at fault. However, if we reasonably consider that the problem has been caused by incorrect or incomplete information provided by you or something you did or did not do, we may charge you a reasonable additional sum for remedying the problem. We will usually inform you of the amount of such charges in advance where this is practical and except in the case of an emergency. These charges will usually be in line with the charges for engineer support as set out in the Price Guide.
Equipment provided as part of the Service.
The equipment that we provide to you will remain our property at all times and you should treat it with reasonable care. The equipment provided by us will be in accordance with these terms and the description of it on our website, will be of satisfactory quality and fit for purpose and will work for a reasonable time, if you look after it and use it in accordance with our instructions. If any equipment is faulty, you should let us know as soon as possible and will repair or replace it. Since the equipment remains our property, we reserve the right to ask you to give us access to your home so that we can collect it at any time if the contract comes to an end or we need to replace or upgrade it.
Software provided as part of the Service
Any digital content (eg software and updates to it) will be of satisfactory quality and fit for purpose and as described by us. If you can show that a fault with it has damaged any equipment or device used by you and we have not used reasonable care and skill you may be entitled to a repair or compensation. However, it is your responsibility to ensure that you have installed appropriate up to date protection against viruses installed on any equipment or device used by you.
Services provided by us
Any services we provide (including the Service and any set-up and installation services) will be provided by us as described in these terms and with reasonable skill and care and within a reasonable time. You can ask us to repeat or fix a service if it is not carried out in this way or get a refund if we are not able to remedy the matter.
Your legal rights under the Consumer Rights Act 2015
If you are a consumer, you have certain legal rights in relation to the goods we have lent to you (that is the equipment), digital content (software) and services (the set-up services and Service) we provide to you, with certain exceptions. For full details of your legal rights and guidance on exercising them, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 or your local Trading Standards Office.
17. WHAT HAPPENS IF YOU HAVE A COMPLAINT
What happens if you have any complaints
If you have any complaints about the Service, please refer to our complaints process here.
Contacting UK WISPA
You can also contact UK WISPA at ukwispa.org/ukwispa-adr-scheme/
18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
What we are responsible for
If there is a problem with the Service, we will try to sort this out. However, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable as a result of our breaking this contract or our failing to use reasonable care and skill. 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. Subject to the other paragraphs of this section 18, the maximum amount compensation we will have to pay you in any 12 month period shall not exceed the value of the Services provided to you.
What we are not are not responsible for
We are not responsible for:
any loss or damage that was not foreseeable to you and us when we entered into the contract for the Service; or
any financial or commercial loss; or
any losses you suffer if you have used the Service or equipment for business purposes (because the Service and equipment are intended for domestic and private use and not for business purposes); or
any loss or damage that was caused by your breaking these terms; or
any loss or corruption of data (unless that is due to a problem with the software we provide to you as part of the Service or with the equipment); or
as a result of other equipment owned by you (such as computers, televisions and other devices) not being compatible with the Service and/or not being able to connect to the Service via our equipment.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
The limits on our liability in this section 18, do not apply to:
liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
liability for fraud or fraudulent misrepresentation; or
breach of your legal rights in relation to the Service or any related services or equipment.
When we are liable for damage to your property
Where we are providing the set-up services at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the set-up services and installing the equipment.
When we are liable for damage caused by software we provide as part of the Service
If defective digital content, such as software, which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We are not responsible for any loss or damage caused to any of your equipment, devices or digital content to you if you have failed to protect them against viruses which are transmitted over the internet which are outside our control.
19. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information
We will use the personal information you provide to us:
to supply the Service, related services and equipment to you;
to process your payment for the Service and the set-up Services; and
if you agreed to this during the order process, to give you information about other services that we provide, but you may stop receiving this at any time by contacting us.
How we will use your personal information
20. COMMUNICATIONS BETWEEN YOU AND US
How you can communicate with us
If you want to contact us to give us notice or discuss any issues that you have relating to the Service, you much to so by either:
phoning the 0800 0699906; or
emailing firstname.lastname@example.org; or
writing to us at 1a Penrose House, Treleigh Industrial Estate, Redruth, TR16 4DE.
How we will communicate with you
If we need to contact you about the Service or to give notice to you about anything relating to the Service or these terms, by email, by post to the address where we provide the Service. You must make sure that we have an up-to-date email address for these purposes and that e-mails from us are approved by you and not marked as spam or junk mail, so that they are not put into your spam or junk folders. If we communicate with you via a website update or by email, we are entitled to regard that notice as having been received on the date that we post the notice on the website or on the date that we sent the email to you. If we send a notice or other communication by post, we are entitled to regard them as received by you two working days after posting.
21. OTHER IMPORTANT TERMS
We are not responsible for delays or disruption to the Service outside our control
If our supply of the Service (or related set-up services or equipment) is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Service (including the set-up services) you have paid for but not received.
We may transfer the contract between you and us to someone else
We may transfer our rights and obligations under these terms to another company. We will always tell you in writing if this happens and we will ensure that the transfer does not adversely affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract by giving us one month's written notice of us telling you about it and we will refund you any payments you have made in advance for the Service not provided.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing, but we will not unreasonably withhold our consent to this.
Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the provisions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later.
If we delay in taking steps against you in respect of your breaking this contract, that will not prevent us from 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 Service, we can still require you to make the payment at a later date.
Alternative dispute resolution if you are a consumer
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to UK WISPA via their website at www.ukwispa.org. UKWISPA is an Ombudsman service and will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer
These terms are governed by English law and any claims between you and us will be brought in the English courts.