Terms for Residential Services

These are the terms and conditions on which we supply residential services to you (if we are supplying residential services to you this will be clearly identified in your Order Confirmation). 

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These terms and conditions are intended to apply to you if you are:

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(a)  a consumer. You are a consumer if: i) you are an individual; and ii) you are buying the Services (as defined below) from us wholly or mainly for purposes which are outside your trade, business, craft or profession);

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(b) a home worker.  You are a home worker if you wholly or mainly use the Services to work for your employer at your home address;

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(c) an employer of a home worker.  You are an employer of a home worker if you purchase the Services for an employee to use at their home address; or

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(d) in respect of orders taken prior to 16 June 2022 only, a small business.  For these purposes you are a small business if less than 10 individuals work at your business, whether as employees, volunteers or otherwise.     

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If you do not fall within one of the above categories, it is likely that you are a business that needs to purchase one of our non-residential services. 

  

By ordering our Services, you hereby confirm that you fall within one of (a), (b), (c) or (d) above.  If you order a Home Service (as defined below), you hereby confirm that you fall within paragraph (a) above.  If either of these confirmations are not correct, please let us know.  If you fail to let us know, these terms will still apply to you.

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In some areas you will have different rights under these terms depending on whether you have ordered a home service (a “Home Service”) or a home business service (a “Home Business Service”). The name of the Service you have ordered will indicate whether it is a Home Service or a Home Business Service (and will be clearly identified in your Order Confirmation).

Please read these terms carefully. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the Contract (as defined below), what to do if there is a problem and other important information.  

We are 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 is the address stated on the Order Confirmation. You will be responsible for paying the charges for our Services in accordance with these terms.

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How to contact us. You can contact us by telephoning our Customer Care Team on 0800 0489 415, by contacting us through any app we operate from time to time, by emailing us at customercare@swishfibre.com or by writing to us at our business address, which is as specified on our Website (as defined below) from time to time. 

 

How we may contact you. If we need to contact you regarding your Services, we will do so by phone, by writing to you at the email address or postal address you provided to us in your order, by sending you an SMS text message or through any app we operate from time to time. We may send customer service announcements to you by email, SMS text message or through any app we operate from time to time. Please ensure that you tell us immediately if any of your contact details change.

 

In these terms and conditions:

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"Acceptable Use Policy" means our acceptable use policy which is available on our Website.
 

"Activation Date" means the date on which we activate your Services pursuant to clause 2.12 below.
 

"Additional Services" means any additional Services which you have ordered or agreed to purchase from us under clause 8.1 below.
 

“Broadband Services” means the broadband service provided by us to you whereby you gain direct access to the internet via fibre optic cables (including any ancillary services provided), as more particularly detailed in your Order Confirmation and on our Website. This includes any Additional Services.
 

"Contract” 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) your Contract Summary; and (ix) 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 above 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.
 

"Cookie Policy" means our cookie policy which is available on our Website.  
 

“Early Termination Charge" means such amounts as may be detailed in the Price List, or, if no amounts are so detailed in the Price List, reasonable compensation in respect of the losses, costs, charges and/or expenses we may incur as a result of (i) us terminating the Contract pursuant to clause 11.1 during any Minimum Term; or (ii) you terminating the Contract pursuant to clause 9.4 during any Minimum Term; which may in each case include (but are not limited to) administration costs, the costs of installation (to the extent not already paid for by you), and any loss of profits.  When calculating our loss of profits, such calculation will be based on our loss of profits for the duration of the remainder of any Minimum Term. 
 

"Gigabit Broadband Voucher Scheme” or “GBVS” means the scheme run by the Department for Digital, Culture, Media and Sport (“DCMS”) through which vouchers (“Vouchers”) are provided to support the deployment of gigabit-capable connections to premises in the harder to reach areas of the UK.
 

"Group Companies” means any of our subsidiary or holding companies from time to time as defined in section 1159 of the Companies Act 2006.
 

“Install Cancellation Fee” means the install cancellation fee set out in the Price List. 
 

“Minimum Term” means any minimum term applicable to your Contract, as specified (if applicable) in your Order Confirmation.  
 

“Order Confirmation” means the order confirmation (including any attachments therein, including any installation form) that we email to you when we accept your order (your “Initial Order Confirmation”), as may be amended from time to time by any supplementary order confirmations  (including any attachments therein) that we provide to you (each a “Change Order Confirmation”), e.g. where you order Additional Services from us.
 

“Price List” means the price list for residential services which is available on our Website (entitled “Charges and fees for Residential Services”). 
 

“Privacy Policy” means our privacy policy which is available on our Website.
 

“Service Level Agreement” means any service level agreement or arrangement that we have agreed with you in relation to the provision of the Services, as may be set out on our Website from time to time.
 

“Services” means our Broadband Services and/or Voice Services (as the case may be).
 

“terms and conditions” or “terms” means these terms and conditions.
 

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

“Voice Services” means a) the ability to make and receive calls through our voice over internet telephone service or b) the call forwarding services provided by us (either directly or through a third party) to you, to divert incoming calls to a mobile or landline of your choice (as more particularly detailed in the Order Confirmation and on our Website). Whether a) and/or b) applies will be set out in your Order Confirmation.
 

“Website” means our website at www.swishfibre.com or any replacement website notified to you in accordance with these terms and conditions.
 

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails, SMS text messages and any messages sent through any app we operate from time to time.
 

“Working Days” where we use the phrase “working days” this excludes Saturdays, Sundays and public holidays.

In these terms and conditions any reference to a contract, a policy or any other document, means that contract, policy or other document as updated from time to time.
 

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1. Our Contract and Services

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1.1 How to place an order for our Services. Eligible persons can order our Services through our Website (or, where applicable, through one of our representatives in person or by phone, or through any app we operate from time to time).  We can only accept orders for areas where our Services are available (or included in our near-term build plan). We will notify you if our Services are not available in your area at the time when you place your order or as soon as possible thereafter.

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1.2 How we will accept (or change) your order. Our acceptance of your order will take place when we email your Initial Order Confirmation to you at which point a Contract will come into existence between you and us.  Changes made to the Services we provide to you in accordance with these terms will only take place when we email you a Change Order Confirmation.  We may accept or reject any order (or any request to amend your order) for any reason, in our sole discretion.

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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.

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1.4 Monthly Contract. Your Services will start on the Activation Date and will automatically continue on a monthly basis until you or we end the Contract in accordance with these terms. See clauses 9 and 11 below for how you or we may end this Contract in these circumstances.

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1.5 Minimum Term. In addition, your Contract with us may be subject to a Minimum Term, which will be communicated or notified to you before you place (or amend) your order and will also be shown on your Order Confirmation (including, if appropriate, a Change Order Confirmation). Any Minimum Term will commence on the Activation Date, unless otherwise expressly stated in the Order Confirmation). Other than as expressly contemplated herein, you must keep and pay for all of the Services ordered for the whole of the agreed Minimum Term. Failure to do so may result in us charging you certain amounts in accordance with these terms. We will contact you at least 10 days before the end of your Minimum Term to let you know that the Minimum Term is coming to an end. Your Services will automatically continue on a monthly basis after expiry of the Minimum Term, unless and until you or we end the Contract in accordance with these terms. See clauses 9 and 11 below for how you or we may end this Contract. 

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1.6 Your right to cancel within 14 days. You have the right to cancel your order by contacting us within 14 days of the Initial Order Confirmation being sent to you. You can do this by contacting our Customer Care Team (see “How to contact us” above for details on how to get in touch). Please note that if you have requested activation of your Services within the 14 day cancellation period and: 
 

(a) we have started to provide the Services to you, you will have to pay us for (i) all upfront fees (such as any upfront installation and activation fees)  set out in the Initial Order Confirmation (and where such fees have already been paid, you will not be entitled to a refund); and (ii) the cost of any Services you have received up to the point when you notify us of cancellation (calculated on a pro rata basis, given that the Services will not have been received for the full month); or 
 

(b) we have not started to provide the Services to you but an engineer has attended your property for the purposes of the installation, we may charge you for any engineer’s time, at the price set out in the Price List. 
 

If we have provided you with any equipment, such as a Wi-Fi router, to connect to our Services, you must upon request return and pay for the costs of return of that equipment to us within 14 days of cancelling the Contract. If you fail to do so, we may charge you for the cost of any such equipment, at the price set out in our Price List. The Contract will not end until you have returned the equipment to us (unless we have waived our right to receive the equipment).

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1.7 Your customer number. We will assign a customer number to your order and tell you what it is when we confirm your order. It will help us if you can tell us the customer number whenever you contact us.

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

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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).

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2. Service Installation & Activation

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2.1 Consents and Permissions. If you are the freehold owner of the property, you agree to allow us to access your property to enable us to provide the Services. You will also be responsible for obtaining any other licences, consents and permissions required to enable us to install, activate, inspect, maintain, alter, repair or otherwise provide the Services to you under the Contract. If you are a tenant of the property, you must have any consent needed from the freehold owner, landlord, and/or agent managing the property and you must procure that the freehold owner, landlord, and/or agent managing the property obtains any other licences, consents and permissions required to enable us to install, activate, inspect, maintain, alter, repair or otherwise provide the Services to you under the Contract. If you are a tenant, please let us know. We may require you (and any freehold owner, landlord and/or agent managing the property) to enter into an additional agreement with us to provide us with the necessary permissions and access rights to the property to provide the Services. 
 

By ordering the Services from us, you are confirming that you or any applicable third party have obtained any licences, consents and permissions necessary for us  to provide the Services at the property and you acknowledge that we are relying on this confirmation in providing the Services to you. You acknowledge that if you or any applicable third party fail to obtain and maintain all of the relevant licences, consents and permissions then we will not be obliged to provide the Services at the property, we may terminate this Contract in accordance with clause 11.1(j) and, in addition to the compensation as set out in clause 11.2, we will be entitled to recover from you any costs, expenses and other liabilities that we may incur as a result of or in relation to any claims brought against us and/or damages sought as a result of your or any applicable third party’s failure to obtain any such licences, consents and/or permissions 
 

You agree that the consents and permissions granted to us in accordance with this clause 2.1 shall also be granted to our Group Companies (including Swish Fibre Limited).
 

2.2 Installation and Activation.
 

(a) Unless otherwise specified in these terms (particularly in clauses 2.5 and 2.6 below) or otherwise agreed with you and set out in your Order Confirmation, our (a) installation service will be charged at the price specified for a standard installation as set out in Price List; and (b) our activation fee will be as set out in our Price List.
 

(b) We will provide you with as much detail as reasonably possible as to the date of your installation in either the Contract Summary or the Contract Information, ideally providing you with either a fixed date or a backstop date. However, in certain instances this will not be possible (for example if you have placed an order before the connection point near your property is live). Where we provide you with a date for installation and then 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.
 

(c) All installation engineers work to our agreed standards, using approved equipment. Our engineers will identify the shortest route to your premises, avoiding obstacles from the street. The fibre will be delivered to a plastic omni box installed on the outside of the premises. Our engineers will then install an internal network termination point in the room where the fibre enters the premises.
 

(d) In the event you decide to use your own network equipment, e.g. your own router, configuration of that network equipment is outside the scope of the Services.
 

2.3 The installation team will have your contact details. This is so that they can contact you to let you know when they will arrive, or to deal with any unexpected problems or delays. They will only use your contact details for these purposes and only in accordance with our Privacy Policy. You can also contact our Customer Care Team at any time if you have a query about your installation, e.g. to verify that the correct person has arrived to install your Services.
 

2.4 Access to your property.
 

(a) You agree to allow us to access your property in order to install and activate the Services and to otherwise provide the Services to you. If you do not allow us to access your property and to install and activate the Services as arranged or if there is no one over the age of 18 present at the property, the installation may be cancelled and we will have the right to charge you an Install Cancellation Fee.
 

(b) We may also charge you an Install Cancellation Fee if you fail to give us at least 24 hours’ notice that you are unable to keep an agreed appointment.
 

The right to charge you an Install Cancellation Fee under this clause 2.4 is without prejudice to our other rights under this Contract, including the right in certain circumstances to terminate the Contract under clause 11.1 below (and, if we terminate under clause 11.1 during any Minimum Term, the right to charge you an Early Termination Charge).
 

2.5 Non-standard installations. In certain circumstances, your installation may be considered non-standard because of specific requirements, e.g. because of the length of the access route or your property containing surfaces which require special techniques to dig and re-instate.  Where we consider your installation to be non-standard we will notify you of this before we accept your Order and arrange for our engineer to come out to survey.  Following that survey we will provide you the details of your install (including any installation charge, an “Installation Charge”) and you will be given the opportunity to confirm your request to Order.   Any installation quotation given by us shall not constitute an offer and is only valid for a period of 60 days from its date of issue, or any such other period as we may notify to you (either at the time of the relevant quote or at some later date). 
 

2.6 Weekend Installations. Our installation engineers are typically able to arrange appointments between 8.30 am– 4pm, Monday to Friday. If you do require an installation at the weekend or outside normal working hours, we may be able to arrange this for a cost which will be notified to you when you arrange your appointment. This cost will be calculated to cover the costs of sending one or more engineers to you outside of working hours and may depend on the length and complexity of your installation. Charges for a weekend install (and when they are payable) will be confirmed to you in writing.
 

2.7 The installation engineer will carry out a risk assessment before commencing work. You agree to provide a safe environment in which to carry out the installation.  If the installation engineer attends the property and decides that it is not possible to carry out the installation safely, the installation may be cancelled and we will have the right to charge you an Install Cancellation Fee. The right to charge you an Install Cancellation Fee under this clause 2.7 is without prejudice to our other rights under this Contract, including the right in certain circumstances to terminate the Contract under clause 11.1 below (and, if we terminate under clause 11.1 during any Minimum Term, the right to charge you an Early Termination Charge).
 

2.8 If you have additional requirements before we commence work. In consultation with you, our installation engineers will determine their preferred installation route and equipment location.  If you have additional requirements which makes your installation more costly (including making changes to our preferred installation route or request a location for our internal equipment that requires additional time to install), this may impact any installation charges communicated to you.  In such instance we will discuss and agree with you how to proceed and any additional charges which may apply.   Where we cannot agree how to proceed and/or any charges that apply we may (a) charge an Install Cancellation Fee; and (b) terminate this Contract (in accordance with clause 11.1 below) and, where your Contract was subject to a Minimum Term, charge you an Early Termination Charge.
 

2.9 Eligibility for a standard installation. If we confirm that you qualify for a standard installation and we subsequently identify that is not the case, we will let you know.  In such instance we will discuss and agree with you how to proceed and any charges which may apply. Where we cannot agree how to proceed and/or any charges that apply, you or we may terminate this Contract without cost.  We can provide you with a copy of our standard installation criteria on request.
 

2.10 If problems arise during the installation. The installation engineer will do everything reasonably possible to carry out your installation at the arranged time, but if it is not possible to complete the installation through no fault of the installation engineer (e.g. because of safety issues or unforeseen complexity as a result of things such as asbestos, concealed electrical cabling or extreme weather), the installation engineer will inform us. In such circumstances, we may charge you (over and above any installation fees payable under this Contract) reasonable costs incurred by us in connection with such further appointment (to include engineer call out time, as per the Price List).  If you do not wish to proceed with a further appointment to complete the installation, you or we may terminate this Contract and we may charge you an Install Cancellation Fee.
 

2.11 If you change your mind when our installation engineer is on site.  If you change your mind after the initial 14 day cancellation period (when clause 1.7 will apply) but when our installation engineer is on site (either before, during or after the installation), then you or we may terminate this Contract (under clause 10 or clause 11 as applicable). In such a scenario we may charge you an Install Cancellation Fee and, if the Contract was terminated during any Minimum Term, an Early Termination Charge.  
 

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

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3. Our Voice Services

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3.1 Voice Services. If you subscribe to our Voice Services, for which you must have Broadband Services, then this will allow you to make (up to a maximum duration of two hours per call) and receive telephone calls where you have opted for our voice over internet telephone service, or divert incoming calls from a landline to a landline or mobile of your choice (where you have opted for our call forwarding service). Your Order Confirmation will confirm which of these applies and the Price List contains the pricing. There is no call forwarding to international destinations included in this Service. When adding our Voice Services or changing your Voice Services part-way through a monthly billing period it can only take effect from the start of the next monthly billing period, from which time the new Voice Service will be charged. If you cancel a Voice Service during a monthly billing period, then this will take effect immediately (provided you do so during our opening hours on a Working Day) and we will provide you as soon as possible with a pro rata refund (minus any applicable Early Termination Charge and/or any other fees or charges owing pursuant to these Terms and/or Price List). The Minimum Term (if any) for your Voice Services shall be the same as for your Broadband Services.

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3.2 Supply of the Voice Services. We will provide the Voice Services either directly to you or through a third party. If any such third party imposes additional terms which apply to the Voice Services provided to you under the Contract, we will notify you of these in writing as soon as reasonably possible (and any breach of those terms shall be considered a breach of this Contract). If you have any questions about any such additional terms, please contact our Customer Care Team (see “How to contact us” above for details on how to get in touch).

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3.3 Equipment. Unless otherwise specified in your Order Confirmation, we will provide you with a basic BT socket to RJ11 plug adaptor to connect to our voice over internet telephone service, however you are responsible for providing any other equipment required to connect to the Voice Services at your own cost and expense (such as the telephone).

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3.4 Network and Service maintenance. We reserve the right to modify our network and/or system configurations whenever required, in order to provide the Voice Services. We may also, without prior notice, suspend all or part of the Voice Services if, in our reasonable opinion, it is necessary to do so to stop or mitigate any problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer) (see also clause 6 below).  

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3.5 Incoming numbers. If you subscribe to our Voice Services, we will allocate incoming numbers to you on your request. These numbers may be geographic (commencing with 01 or 02) or non-geographic (commencing 03 or 08). At no time do you have any ownership of any allocated incoming numbers even when the number was ported from your landline (see clause 3.6 below). We may change or re-allocate any incoming number, for any reason, during the first seven (7) working days after they have been allocated to you. While we will use reasonable efforts to avoid doing so, and to give you such notice as is possible and reasonable in the circumstances if we intend to do so, we may change the phone numbers or other identifiers allocated to you outside this period. We are not responsible for any costs or losses suffered by you if we do so. You may request new numbers at any time by contacting our Customer Care Team (see “How to contact us” above for details on how to get in touch).

 

3.6 Number porting. If you sign up to our Voice Services and you request to transfer your existing number from another telephone provider, we will use reasonable endeavours to do this if reasonably practicable and provided that your existing provider agrees to release the number. You should not cancel your contract with your existing provider until we have confirmed that the number has been successfully transferred. Doing so may result in your existing number being lost and we will have to issue you with a new number. If we cannot complete the transfer because you have provided us with incorrect information, then we will notify you and we may charge you reasonable compensation for any costs we have incurred to date. If we cannot complete the transfer of your number by any agreed Activation Date (in respect of the Voice Services only) and where that is due to a fault by us (rather than yourself or the losing provider), we may provide you compensation in the form of a service credit. If it is not reasonably practicable to transfer your existing number for any reason, we will provide you with a new number. You acknowledge that where a number is to be ported away from another provider, this may result in termination of the line on which the number was previously allocated. You may also port numbers away from us to other carriers with whom we have porting agreements. We are not able to guarantee the transfer of numbers to other providers as this is dependent on us having a porting agreement with the new provider in question. If you move your phone number from us to another provider's network, our voice over internet telephone service won't work once the number porting has happened and we won't be able to give you a temporary phone number to use. However, you'll still have to pay for our voice over internet telephone service unless you notify us in accordance with clause 8.1 or end the contract in accordance with clause 9.1 (subject to any Early Termination Charge).

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3.7 Acceptable Use Policy and unauthorised use. Your use of the Voice Services is/are subject to your compliance with our Acceptable Use Policy and any limits set out therein (see clause 5.1 below). You must keep access to the Voice Services, and any online management system we may grant you access to as part of the Services, safe from unauthorised use. If you become aware of any unauthorised use, you must notify us immediately and change any password(s) and any other security devices.
 

3.8 If your Contract with us ends.  If your Contract with us ends for any reason, you will lose access to any phone numbers relating to the Service unless you contact us within one month of the Contract ending to arrange to port your number away in accordance with clause 3.6.

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3.9 Additional terms which apply to our voice over internet telephone service:
 

(A) You understand that our voice over internet telephone service may not offer all the features you expect from a traditional phone line. Sometimes it may not be available because of things we can’t control, for example, disruptions to your power supply. It also depends on your connection to our Broadband Services. It won’t work if there’s a power failure (see (B) below for more details).
 

(B) You understand that our voice over internet telephone service allows calls to the emergency services numbers 999 and 112. Calls to these emergency services will fail if there’s a power failure or if your Broadband Services otherwise fail. You agree that in the event of a power cut, you would ordinarily need to have another way of making emergency calls. If you do not have another way of making emergency calls e.g. you do not have a mobile phone or sufficient mobile coverage, you should contact us (see “How to contact us above”) and we will (if necessary) supply a battery back-up unit which would enable you to make telephone calls for at least one hour in the event of a power failure and/or a failure of Broadband Services. If we provide you with a battery back-up unit, then we may also provide you with an accompanying guide which you will need to have fully read, understood, accepted and followed. If you are using a battery back-up unit to connect to our voice over internet telephone service, you must use a corded telephone (since a cordless phone will not work), which can be plugged directly into the internal network termination point (which is in the room where the fibre enters the premises).
 

(C) If you use our voice over internet telephone service, we’ll register your home address. We do this for billing purposes and so that emergency services know your phone number and location when you dial 999/112. If we suspend our voice over internet telephone service under this Contract, you’ll still be able to dial 999/112, as long as there’s no power failure or failure in the Broadband Services.
 

(D) Our Acceptable Use Policy still applies to all calls you make using our voice over internet telephone service. We can put limits on your calls, require you to pay extra charges or suspend or end your access to our voice over internet telephone service if we think you haven’t complied with that Acceptable Use Policy. You must not store, distribute or transmit any material through the voice over internet telephone services that:
 

(a) is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive;

(b) facilitates illegal activity or fraud; and/or

(c) promotes unlawful violence, discrimination based on race, gender, age, disability, sexual orientation, religion and belief, gender reassignment, or any other illegal activities.
 

(E) Our voice over internet telephone service comes with calling line identification as a standard facility. This means that you’ll see the number of someone who has called on your telephone device screen (if it has one) or, if the caller has asked that their number is kept private (or the caller’s network doesn’t allow the caller’s number to be shown to you), you’ll see that the call is from a “withheld” or “unavailable” number. The calling line identification facility also means that your number, when you make calls, will be displayed to the person you’re calling. You should get in touch with us if you’d like us to try and put in place the ability to keep your number private when you make calls, however please note that we may override your choice in limited situations where it’s reasonable to do so (such as to trace malicious or nuisance calls, or for calls to emergency services).

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4. Our charges and your payments

4.1 How we calculate, and how you pay, our charges. The monthly charges you pay for our Services will be as shown in your Order Confirmation. Any charges payable by you from the date of your Contract other than monthly charges (e.g. any one-off up front charges such as an installation fee) will also be as set out in your Order Confirmation and will be charged (at our election) either as an additional upfront payment or added to your first monthly payment.
 

In certain circumstances specified in your Contract, you may also be charged other fees during your Contract (e.g. charges for engineer call out time). 
 

Payments for any of our charges must be made by direct debit or such other payment method as may be permitted by us from time to time. Where payments are taken by direct debit, your first monthly payment will be taken within 5 working days after the Activation Date and on the same day of each month thereafter (or the next working day if the relevant day is a non-working day). Unless otherwise stated in your Order Confirmation, you will pay for all Services monthly in advance. The charges for some of our Services may be payable in arrears but we will notify you if this is the case at the time. 
 

4.2 Price changes.

We will increase our charges (both our monthly charges and all other charges and fees set out in the Price List) once each year with effect from 1 July by an amount equal to any percentage increase in the Consumer Price Index published by the Office for National Statistics during the previous 1 June to 31 May period.  
 

Example:
 

If, as at 30 June 2023:

1. your monthly charges were equal to £45; and

2. the Consumer Price Index for the period 1 June 2022 to 31 May 2023 showed an inflation increase equal to 5%,

this would mean that we would increase your monthly charges from 1 July 2023 to £47.25.

Such an increase shall not give you a right to cancel your Contract without penalty under clause 8.2 below, whether or not you are still within any Minimum Term. Note that we may choose not to apply the above mentioned price increase at our discretion.
 

In addition to the inflationary price increase set out above, we may review any of our charges (including our monthly charges) at any time and change our pricing in accordance with clause 8 below.   
 

4.3 Changes, Additional Services, Upgrades and Downgrades. If you decide to change your Services in accordance with the terms of this Contract, we will tell you what your new charges will be and ask you to confirm that you accept those (see Clause 8.1 below).
 

4.4 We will pass on changes in the rate of VAT. If the rate of VAT changes at any time after the contract between you and us has come into existence, we will adjust the rate of VAT that you pay for the Services accordingly (and show this on your bill).  Any such adjustment will not amount to a change which gives you the right to cancel the Contract without penalty under clause 8.2 below.   
 

4.5 3rd party charges. We are not responsible or liable for any 3rd party charges from other organisations (such as 3rd party telephone or content providers) which you may incur while using the Services.
 

4.6 If you do not pay. If you do not pay us for our Services when you are supposed to then we will notify you. If you still do not make payment within 10 days of such notification, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. If payment is still not received 20 days or more after we first notified you that the payment is due we may physically disconnect your Services and end the Contract (and clause 11.2 will apply). We will not suspend the Services or terminate the Contract where you validly dispute an unpaid invoice.
 

4.7 We can charge interest if you pay late. Without affecting our rights set out in this Contract (including clause 4.6 above), if you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time, or at the maximum rate permitted by applicable law from time to time (whichever is less), together with any reasonable costs incurred by us in collecting such overdue amount. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount and any reasonable costs incurred by us in collecting such overdue amount.  
 

4.8 What to do if you think we have made a mistake in our charges. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue. Once the dispute is resolved, we may charge you interest on correctly invoiced sums from the date the dispute is resolved until the date of actual payment.
 

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5. Using our Services and Equipment

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5.1 Acceptable use. When using our Services, you agree to abide by our Acceptable Use Policy. You may only use our Services for lawful purposes and in accordance with this Contract and our reasonable instructions, guidelines and directions. 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. We will only do so in accordance with our Privacy Policy. 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 end our 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.
 

5.2 Liability for breach of these terms. You agree that you are responsible for all use of the Services under this Contract, whether you gave your permission or not. For example, if someone has access to your home and uses the Services, we would consider them to be within your control and you could be liable for unlawful use such as illegally downloading or transmitting copyright material. You should only allow access to your Wi-Fi and home network to people you trust, and you must accept responsibility for their use of our Services.
 

5.3 Equipment.
 

(a) Part of the network will run from the boundary of your property, across your private land and into your premises, up to and including the router we may provide.  The router and any other equipment we supply to you or install in your premises (or otherwise on your property) to connect you to our Services remains our property. You are responsible for maintaining all the equipment we supply to you in good order and in accordance with any instructions that we provide to you.  You must not sell it, give it away or use it as security for a loan.  You should also ensure that you are aware of the installation route of the network apparatus across your property and draw this to the attention of any third-party doing work on your property.
 

(b) If you report a fault which we trace within your property, we will make an appointment to carry out repairs or replace our faulty equipment free of charge but if, in the reasonable opinion of the engineer, the fault was caused by damage to our equipment or the network apparatus not caused by us (or the fault was a result of your own set up, as opposed to faulty equipment), then a charge may be made in accordance with our Price List (and we may charge for both engineer call out time and any equipment). We may also charge you in the event that you fail to keep an agreed appointment, unless you give us at least 24 hours’ notice (such charge to be in accordance with the Price List). 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 cancel your Contract then, unless we waive our right to receive the same in writing, any equipment we supply to you to connect the Services must be returned to us in good working order at your cost. If you fail to return any such equipment, or return the equipment in a damaged condition, we may charge you for the cost of any such equipment, at the price set out in our Price List.   
 

(d) You are responsible for the provision, installation, configuration, monitoring and maintenance of any of your equipment connected to the Services. You shall ensure that any of your equipment connected to or used with the Services is connected and used in accordance with any instructions and safety and security procedures applicable to the use of that equipment. You shall ensure that any of your equipment attached (directly or indirectly) to the Services by you is technically compatible with the Services and approved for that purpose under any applicable laws and regulations. We do not make any commitment with respect to the interoperability between the Services and your equipment.
 

5.4 Our rights under the Communications Act 2003. You agree that, at our request, some or all of our equipment placed in your property may remain, including the internal network termination point, irrespective of whether you or any subsequent owner or tenant enters into any subsequent contract with us for services. You should ensure that any future purchaser or tenant is made aware that the property is connected to our network and the location of our equipment.
 

5.5 If there is a fault on the wider network. When we become aware of a network fault outside your property boundaries, we will use our reasonable endeavours to ensure it is diagnosed and repaired within 1 working day. 
 

​​​​​​​5.6 Minimum speed guarantee.  Your Contract Information and Contract Summary set out the download and upload speeds that you should expect to receive. If you are consistently experiencing download or upload speeds that are more than 50% lower than those set out in your Contract Information and Contract Summary documents (our “Speed Promise”), please contact our Customer Care team (see “How to contact us” above for details on how to get in touch).  If we fail to meet our Speed Promise within 30 days of you notifying our Customer Care team, then you can cancel the Contract without penalty.
 

Our Speed Promise:
 

(a) only applies where you are using a wired connection. We are not able to provide a Speed Promise in respect of the speed you achieve over Wi-Fi, as speeds you experience over Wi-Fi may vary from time to time for a number of reasons, e.g. distance from the router, wall thickness. You are likely to require additional equipment to ensure the advertised speed is available throughout the premises. This additional equipment can be supplied by us as a service either on the date of the initial order or at a later date; 
 

(b) only applies where connectivity is delivered using our equipment (e.g. it would not apply where you provide the router);
 

(c) only relates to the speeds that we provide to you. We cannot guarantee the speeds of 3rd party websites; and
 

(d) does not apply if the failure to achieve the speeds set out in the Speed Promise is as a result of (i) any action or omission from you or any other third party outside of our control; or (ii) your connected devices (e.g. that they are not is capable of downloading or uploading at the relevant speeds).
 

Please do contact our Customer Care team if you are having any problems with your set up.  
 

5.7 Technical support and how to tell us about problems. We will provide you with reasonable technical support which we consider necessary and appropriate in respect of the Services. If you have any problems with our Services or any questions or complaints about our Services, please contact our Customer Care Team (see “How to contact us” above for details on how to get in touch).
 

5.8 IP addresses. Unless you arrange with us to have a static IP address, the IP address allocated to you may be varied at any time. It will at all times belong to us. You may not sell or agree to transfer the IP address to any person. We grant to you a non-exclusive, non-transferable licence during the term of the Contract to use the IP address while you receive internet access from us which will end if this Contract ends. 
 

5.9 Our Services. We aim to carry out our Services for you with reasonable skill and care. However, we cannot guarantee that our Services will be available at all times, error free and/or without minor defects. You also acknowledge and agree that time shall not be of the essence in respect of any dates or timescales for the performance of our obligations.  
 

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

5.11 Provision of information. You agree to provide us with any information that we may require in order to provide the Services to you. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
 

5.12 Failure to comply with obligations. If you or we fail to comply with our obligations under the Contract and that directly causes the other party to fail to comply with their obligations under the Contract, the latter's failure will not be treated as a breach of the Contract in such circumstances.
 

5.13 Gigabit Broadband Voucher Scheme confirmation. If you are a “Voucher Customer” it will be communicated or notified to you before you place your order and will also be shown on your Order Confirmation. If you are a Voucher Customer you must:
 

(a) where DCMS ask you to confirm that we can request a voucher on your behalf: respond to DCMS promptly (and in any event within 28 days) and confirm that we may request the voucher on your behalf;
 

(b) where DCMS ask you to confirm that your internet connection is live: respond to DCMS promptly (and in any event within 10 days) confirming whether or not your internet connection is live; and
 

(c) comply with any other reasonable requests made by us and/or DCMS in connection with the Gigabit Broadband Voucher Scheme, in particular to ensure that we can claim the Voucher on your behalf.
 

In addition, you acknowledge that you are the ultimate beneficiary of any Voucher issued under the GBVS Beneficiary Terms and Conditions (and agree to comply with all terms set out in the GBVS Beneficiary Terms and Conditions).