FTTP BROADBAND TERMS AND CONDITIONS

1.1 To order any service, you must complete and submit an order form.

1.2 If you complete an order form online, you will have the opportunity to check the form before you submit it to us so that you can correct any input errors.

1.3 If you place an order over the telephone, we will treat your verbal confirmation that you wish to order the service, on the terms agreed during the call, as submission of an order form and those details will be entered onto our system.

1.4 Submitting an order form in any of the ways described above will be treated as an offer by you to enter into a contract with us on these terms and conditions.

1.5 All orders are subject to verification and checks. If your order is accepted, we will send you an order confirmation by email (or by post if you request) and a legally binding contract will be formed, when you receive the order confirmation.

1.6 We may decline your order for whatever reason. If we do, you will be notified as soon as possible.

1.7 The contract between us is subject to completion of a satisfactory technical survey at the time of installation. We may terminate your contract immediately if we consider the survey is unsatisfactory for any reason and will refund to you any charges you have already paid.

1.8 Your contract is for the minimum contract period stated in your order confirmation. The minimum contract period will begin on the start date. You must pay for the services for the whole of the minimum contract period unless the contract is terminated in accordance with these terms and conditions. Early termination charges may apply if your contract is terminated during minimum contract period (please refer to section 11 below).

2.1 You have the right to cancel your order at any time during the 14-day period (“the cooling-off” period) that starts the day after you receive your order confirmation.

2.2 To exercise your right to cancel during the cooling-off period you can:

• email us: cs@thegigability.com
• call us: 0800 9156138
• Write to us: Gigability Broadband, 1st Floor, Block C, The Wharf, Manchester Road, Burnley, Lancashire, England, BB11 1JG.

2.3 If we install the service at your request during the “cooling-off” period, you can still cancel your contract provided that you do so before the “cooling-off” period ends. You will have to pay for the services you have used up to the point of cancellation as well as any installation fee that you agreed to pay. Any discounts that you may have been given will be disregarded when calculating how much you have to pay.

2.4 You must return to us at your cost, the equipment provided as part of the service (which is listed in your order confirmation) within 14 days from the date of cancellation. You will be charged for any equipment you fail to return at the prices set out in our price list. If you return the equipment but it is damaged or there are parts missing, you will be charged for the cost of replacing any missing parts or items or, where any equipment is damaged, you will be charged for the cost of repairing the damage (where possible) but these costs will not exceed the price of the equipment, as stated on our price list.

Before we can provide you with the Service, you must satisfy the following conditions:

(a) Your computer must meet the required specification given from time to time via www.thegigability.com/info and;

(b) Where applicable for the service you order, the telephone line you use to access the fixed-line broadband service must be a BT compatible fixed and operational line to the service address (“your Line”).

4.1 We will provide the fixed-line broadband service to the service address you notified to us as stated on your order confirmation.

4.2 After we send you the order confirmation, we will make an application to Openreach to switch (migrate) your services to Gigability Broadband. If Openreach is able to validate your application, we will notify you in writing of the estimated activation date for your broadband service. If you have an existing compatible line, this normally takes 10 working days from the date you receive your order confirmation. If Openreach is unable to make the switch for any reason, we will contact you. If you require a new line to be set up and we agree to do this for you, your service will normally take approximately 2 weeks to be activated from the date you receive your order confirmation.

4.3 If we are unable to migrate your line within thirty (30) days from the date of your order confirmation, you may cancel the contract by serving notice. You will be refunded any charges that you may have paid.

4.4 If you have previously received a slower broadband service from another internet service provider and wish to subscribe to faster Gigability Broadband products/service, we will seek to migrate your line as explained above. Due to technical constraints which are outside our control, when your line is migrated, you will initially receive Gigability Broadband Broadband service on a like-for-like basis with the service you received from your previous service provider. Once the migration has taken place, we will seek to upgrade your line to enable you to receive the faster service. The upgrading of your line should take between five (5) and twelve (12) days. Your ability to receive the faster broadband service will be dependent on the quality and physical limitations of your telephone line, which will not be known to us until after migration has taken place. If due to these matters, which are outside of our control, your line cannot be upgraded to the faster speed, you agree to receive the service for the remainder of the contract at the optimum speed Gigability Broadband can provide. You agree that Gigability Broadband’s inability to upgrade your telephone line to achieve the desired speed will not amount to a breach by us of our obligations under the contract entitling you to cancel or terminate. The charges payable by you for the service will be those set out in your order confirmation and on your Gigability Broadband Account Summary accessible through your myaccount on the website at myaccount.thegigability.com, although we may agree to reduce your charges, we are not obliged to do so.

4.5 If an engineer appointment is required to install the service, our installations team will contact you (using the contact details you provided to us when you placed your order), to book an installation appointment at a time slot that is convenient for you. The installation appointment will be confirmed with you via SMS. You can contact our installations team at any time if you have any questions about the installation or to re-arrange the installation appointment. Should we need to change your installation appointment, we will contact you to arrange an alternative appointment slot. If you fail to keep an installation appointment or you cancel the appointment less than 48 hours before the time, you may be charged an abortive visit fee.

4.6 If you fail to keep an appointment or do not allow the engineer the required access to the service address at the appointment time, the installation will be cancelled and you may also be charged an abortive visit fee.

4.7 Someone over the age of 18 must be present in the service address at all times during the installation. Should this not be the case, the installation will need to be re-booked. You may also be charged an abortive visit fee.

5.1 You are responsible for and must pay the charges for the service in accordance with these terms and conditions. The main charges are set out in your order confirmation. Additional charges are referred to in these terms and conditions. A comprehensive list of all charges can be found in our price list.

5.2 All prices include VAT. Should the rate of VAT change at any time we are providing services to you, we will pass the change on to you and adjust the rate of VAT included in your bill accordingly.

5.3 We will begin charging you from the start date. Recurring charges are payable in advance. One-off charges become payable as and when they are incurred and billed.

5.4 Your first bill will include a proportion of your recurring monthly charges for the period from the start date to the billing date, together with the recurring charges for the following month. You will also be billed for any one-off charges or usage charges incurred during the period from the start date to the billing date.

5.5 All charges are payable by Direct Debit or by credit card but only when you have given your continuing authority for us to charge your credit card in relation to payments due under this contract. Other payment methods may be available but will attract additional charges set out in the price list.

5.6 Your Direct Debit or other payment instructions may be altered to reflect any change in recurring charges or to collect any other charges, including usage-based charges, early termination charges, non-return charges or late payment charges that may become payable by you under your contract.

5.7 You must ensure that all charges are paid by billing date(s). If you do not pay the charges on time, you will incur a late payment charge which will be added to your bill. We may also suspend your services or end this contract (which could mean you become liable to pay an early termination charge).

5.8 We will bill you electronically either by making your bills available in My Account or by sending them to you by email to your registered email. Your My Account is password protected. It is your responsibility for making sure that your registered email is complete and accurate and for notifying us promptly should it change. You will remain fully responsible and liable to pay all bills that we post to My Account or send to your registered email, even if you do not access your registered email or My Account or if you are unable to access your registered email or My Account (except where this is due to our negligence).

5.9 If you choose to receive a paper bill, additional charges apply which are set out in the price list.

5.10 You are responsible for all charges incurred as a result of using the service, whether use is by you or someone else. However, we will not hold you responsible for charges incurred without your permission due to our negligence or breach of these terms and conditions.

5.11 If you think we have made a mistake in our charges or you dispute any charge, please let us know as quickly as possible, explaining clearly why you think there has been a mistake or your reasons for disputing any charge. You must still make payment of any undisputed charges in your bill.

5.12 We may (with your prior agreement), carry out credit checks on you by making searches about you with one or more credit reference agencies who will supply us with credit information about you, as well as confirming your address on the Electoral Register. The information we receive may also include information about other members of your household or those to whom you are financially linked. We may use this information to consider whether or not to accept your order and/or to confirm your identity and/or address. We may also use this information or carry out further credit checks to trace debt or prevent fraud. Details of searches we make will be recorded by credit reference agencies, even where we decide not to accept your order for services. 5.13 We use third parties to process and administer your payments.

5.14 If you do not pay your bills, we may use third-party debt collection services to recover the amounts that you owe. We may also transfer your debt to a third party. In either case, your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt. Where we transfer your debt, we will no longer make any decisions in relation to the debt. You will be responsible for all reasonable costs and expenses incurred in collecting any debts you owe under this contract

6.1 In return for you paying your bills, we will provide the services set out in your order confirmation to the service address.

6.2 The service is for private use by you and members of your household only. It must not be used for any activities that are not reasonably expected of someone using a broadband service for domestic purposes.

6.3 You may not use any of our logos or trademarks in any way which could damage or undermine our reputation.

6.4 You agree to use the service in accordance with our acceptable use policy and to take reasonable steps to ensure that our acceptable use policy is observed by other people who use the service. We will hold you responsible for any use of the services that breaches our acceptable use policy, whether or not you authorised or were aware of the use. For example, if you allow someone to access the services by providing them with the username and password to your home Wi-Fi network, we will consider y responsible should they use the services unlawfully, for example by illegally downloading and transmitting copyright material. We may suspend the service or end this contract if the service is used in breach of our acceptable use policy.

6.5 We will not hold you responsible for any unauthorised use that occurs solely as a result of our negligence or breach of these terms and conditions.

6.6 You are responsible for keeping all usernames and passwords secure at all times. If you believe your security password may have been compromised, please contact us immediately.

6.7 You will be allocated an IP address as part of service. This will not belong to you and we may change it from time to time. You cannot sell or agree to transfer the IP address to another person and your permission to use an IP address that is allocated to you will end when this contract ends.

6.8 To protect our networks and maintain quality of service for all our users we can temporarily or permanently control or restrict your online activities using the service where such activities may have a detrimental effect on other customers’ quality of service and it is reasonable for us to do so (e.g. sending “spam” Messages or if there are security or integrity incidents, threats or vulnerabilities).

6.9 We may modify or temporarily suspend the service, or part of it, to the extent necessary to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of the broadband service and we will restore the service to you as soon as we can. Where possible, we will notify you if this occurs between the hours of 6am and midnight and is due to last for more than 1 hour.

6.10 If you wish to use a router or any other equipment that we have not supplied to you in order to access the service, it is your responsibility to ensure it is compatible with the service.

6.11 You agree not to use the service:

a) to transmit or receive any material (including making telephone calls) that may be considered illegal, defamatory, offensive, racist, obscene, indecent, menacing (including when talking to our customer service agents) or allowing someone else to do these things, or connected with any criminal offence;

b) to do anything, or allow anything to be done, which could damage our network or any third party network;

c) to do anything in contravention of any and all applicable laws, statutes, rules of regulations in force in the jurisdiction in which you use the service and where the service address is located;

d) to do anything, or allow anything to be done, which constitutes a violation or infringement of the rights of any person (including rights to copyright or confidentiality) or a violation or infringement of any duty or obligation to any third party;

e) to do anything which causes inconvenience or distress to any third party;

f) for any marketing purposes or their procurement; or

g) for fraudulent or criminal activities;

h) other than in accordance with our acceptable use policy.

6.12 You agree not to tamper with your telephone line or otherwise do anything which may cause damage to it.

6.13 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the Service either by yourself or by someone you have knowingly allowed to use the Service we provide to you.

6.14 All information and material submitted to and accepted by us via the service or the website by way of contributions to chats, discussions and user reviews shall be deemed to be and shall remain your property. However, you hereby grant us a royalty-free, perpetual, irrevocable, nonexclusive right to use, edit, copy, republish and distribute (for any purpose) any materials, data or other information that you submit must and you will not submit any such content unless you are able to grant this right. Gigability Broadband shall not be subject to any obligations of confidence regarding such information, data or material except as required by law.

7.1 As part of the service, we will provide you with the equipment as set out in your order confirmation. Although you are responsible for keeping the equipment in good working order (subject to fair wear and tear) and for any loss or damage to the equipment after it has been installed, it will not belong to you and must be returned to us within 14 days of the end of the contract. Should you fail to return the equipment in good working order, we will charge you a non-return fee.

7.2 In the event that the equipment develops a fault that has not been caused by damage or misuse after installation, you should contact us and we will, at our option, repair or replace it without charge. If requested, you must return the faulty equipment to us within 14 days. If you fail to do so, you may be charged unless you can provide proof that you have sent it to us.

8.1 The service is dependent on the operation of third-party networks and the internet in general. As such, we cannot guarantee that the service will be fault-free, uninterrupted or secure. In addition, the performance and limitations of your devices and your Wi-Fi network may affect the actual speed that you experience when using our broadband service.

8.2 Should you encounter a problem with the service, please contact us. Our contact details can be found below and at www.thegigability.com/info. We will endeavour to correct reported or known defects as soon as we reasonably can. You agree that, if necessary, you will co-operate with us and follow any reasonable instructions we may give you when trying to diagnose or resolve reported faults. If there is a fault with our network that materially impacts the service, we will do our best to resolve it within 48 hours. If we are unable to do so, we will not charge you from the date you reported the fault until the service is restored.

8.3 You understand and agree that we have the right to access and monitor the network equipment and customer equipment for diagnostic and maintenance purpose either remotely or by attending at the service address.

8.4 You may be charged for repairing a fault at the service address if, in our reasonable opinion, the fault has been caused by misuse of the service (including misuse or damage to the equipment or) a failure by you to comply with these terms and conditions.

8.5 If you use third-party equipment, in conjunction with the service and our provision of the service is dependent upon that third-party equipment, we will not be responsible for any failure, delay, degradation or underperformance of the service caused by the third-party equipment, except when this is due to our negligence.

9.1 In performing our obligations under this contract, we will exercise the standard of care and skill to be reasonably expected of a competent communications provider, providing services of the nature being provided under this contract.

9.2 As a communications provider, we are regulated by OFCOM and must comply both with OFCOM’s General Conditions of Entitlement as well as with any applicable directions issued by OFCOM or other regulatory or legal bodies, insofar as they are applicable to the services.

9.3 Our service is intended for domestic and private use not for business and we have contracted with you as a consumer, not as a business. Should you use the service for any commercial or business purpose, we will have no liability to you for any loss or damage including loss of business, loss of profit, business interruption, anticipated savings or loss of business opportunity.

9.4 We are not responsible for the information that passes over our network and we have no control over the data or information you download or upload to the internet, when using the service nor are we responsible for any loss or damage to data.

9.5 Where you use third-party devices in conjunction with the service(s), we will not be liable for any failure or delay in service(s) caused by or due to problems with third-party devices, except to the extent those problems are caused by our negligence.

9.6 From time to time, the whole or any part of the service(s) may be suspended for routine maintenance work. We will give you as much notice of such suspension as reasonably possible but we will not be liable for any loss suffered by you or others as a result of such suspension.

9.7 Whilst we will use reasonable endeavours to keep its service(s) secure and free of viruses, worms and other hostile code, we do not guarantee or promise that this will be the case. We reserve the right to suspend the whole or any part of the service(s) at any time without notice or compensation, to investigate and take steps to try to stop or prevent any security breach or attack on our network or remove any suspected virus, worm or other hostile code.

9.8 The stated performance of our broadband service (including the download and upload speed) is measured to the socket or back of the router. Using multiple devices on your home network at the same time may affect the quality and/or performance of the service.

9.9 If we breach the terms of this contract or fail to provide the service using reasonable skill and care, in accordance with our legal duty of care, we will be liable to you for damage or loss that is foreseeable at the time we entered into this contract, either because it was obvious to us both or we discussed it.

9.10 We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so, including liability for fraud or fraudulent misrepresentation or liability for death or personal injury caused by our negligence or the negligence of our employees, sub-contractors or agents. Likewise, we do not exclude liability should we breach your legal rights in relation to the services, including your right to receive the services supplied with reasonable care and how we described them.

10.1 If you wish to make a change to the service you have ordered, just contact us and we will let you know if it is possible. If the service can be changed, we will let you know about any additional charges, when the change can be made and whether there are any additional requirements, for example committing to a new minimum contract period. Once you confirm that you wish to go ahead with the changes, we will send you an order confirmation.

10.2 We can make minor technical changes to the service or to these terms and conditions that we do not consider are to your material disadvantage or detriment. Examples of minor changes include;

• making alterations to the service(s) we consider are necessary to improve the quality of the service(s) or which are beneficial to our customers, for example if we make new features available as part of the service(s);
• changing these terms and conditions to reflect regulatory changes or improvements we make to our operations and the way we do business with you, for example changes to our policies and procedures or our business practices, or changes made to enhance security or accessibility or for technical reasons;
• minor changes or additions that do not affect you significantly, which improve, correct, update or harmonise our terms and conditions

10.3 However, if we make changes that are to your material disadvantage or detriment, we will notify you in writing beforehand and you will have the right to end your contract before the changes take place. In particular if we give you notice of our intention to:

• increase the monthly recurring charges;
• increase any other charges you are required to pay and the proposed change is to your material disadvantage;
• make changes to these terms and conditions that are likely to materially disadvantage you;
• make any changes to the service which are likely to materially disadvantage you.

You may end your contract by giving us 30 days’ notice. You will not have to pay an early termination charge.

11.1 Your contract is for the minimum contract period, which is set out in your order confirmation. At the end of the minimum contract period the contract will continue until it is ended by you giving us not less than 30 days’ prior notice. You can still end the contract during the minimum contract period but if you do so after the cooling-off period has ended (see section 2 above), you will have to pay an early termination charge, which is based on the number of months remaining of the minimum contract period. Please refer to our price list for details of how the early termination charge is calculated.

11.2 You may end this contract without having to pay an early termination charge if there is a permanent loss of service.

11.3 We may end this contract or suspend the service(s) if:

(a) you fail to pay the charges by the date on which they are due for payment;

(b) the service is used in a way that breaches our acceptable use policy;

(c) we believe that you or someone else at the service address has committed or may commit a fraud either against us or any other person or organisation;

(d) we believe that you have provided us with misleading, inaccurate or false information, for the purposes of obtaining or continuing the use of the services;

(e) you or anyone you authorise to communicate with us on your behalf acts towards our staff or agents in a way we consider to be inappropriate;

(f) we are required to comply with any applicable law or regulation or we are ordered, instructed or requested to do so by a competent authority, including but not limited to Government or the Emergency Services;

(g) you breach this contract in a serious and non-minor way;

(h) we are unable to provide the services because we no longer have the necessary licenses or permissions to do so or we determine that the service address can no longer be connected our network.

11.4 If we end your contract for any of the reasons given in sections 11.3 (a) to (g), you will have to pay an early termination charge if the contract is ended by us during the contract minimum period.

12.1 If you are moving home, please contact us at least 30 days before the date you plan to move.

12.2 When we receive your request to supply the service to a different address, we will terminate the service at the service address and advise you whether you are able to receive the service at the new address. If you are able to receive the service at your new service address, subject to you paying a home move charge, we will arrange to provision the service at your new service address.

12.3 Within 14 days of the transfer of the service to your new address, we will refund any charges that you pre-paid for the period you were without the service as a result of the transfer. We will use reasonable endeavours to provide the services to you at the speed you have requested, however we cannot always guarantee this. The speed of your connection and download times may be slower, depending on the length of any telephone extension cables at the new address, the distance your new address is from the telephone exchange, the speed and quality of your router and modem and congestion on our network or the Internet.

12.4 If, for reasons outside of our control, you are unable to receive the service at all at your new service address, or you are able to receive the Service at your new address but, for whatever reason, decide not to do so, your contract will be treated as terminated. You will be refunded any pre-paid charges relating to the period beyond the date of termination. If termination occurs before the end of the contract minimum period, you will be liable to pay an early termination charge in accordance with condition 11.1.

12.5 If you wish to change the service when you move home, you may also need to enter into a new contract with a new minimum contract period.

13.1 At the end of the contract, you must return, at your cost, all the equipment provided to you as part of the service. If you fail to do so, or the customer equipment is damaged or parts are missing, you will be charged either the non-return fee for each item of equipment or the cost of repairing any damaged equipment or replacing any missing parts, if possible.

14.1 The ways in which we collect, use and keep secure your personal information and your rights, in relation to your personal information and how to exercise them, are set out in our privacy policy, which is available for you to read on our website.

14.2 We may monitor and record telephone conversations that we have with you for compliance, auditing and training purposes.

15.1 If you wish to transfer your contract to someone else, you will need our written agreement before doing so.

15.2 We may transfer our rights and obligations under your contract to another company or organisation. If we do, we will notify you in writing. Any transfer will not affect your rights under the contract.

15.3 This contract is between you and us. Unless these terms and conditions say otherwise, no one else has any rights to enforce the terms of this contract.

15.4 If we delay in enforcing any right that we have against you under this contract, this will not mean that we have waived that right and we will still be able to enforce it later.

15.5 Should a court or other regulatory body decide part of your contract is not legally enforceable, those parts will be ignored but the rest of the contract will remain in full force and effect.

15.6 English law applies to this contract and we may only bring proceedings against each other in the courts of England and Wales.

The words in the glossary have the special meanings given to them:

“abortive visit fee” means the amount of specified in the price list;

“acceptable use policy” means the acceptable use policy at http://www.thegigability.com/legal/acceptable-use-policy;

“charges” means the charges payable by you for or in connection with the service(s) including recurring charges, usage charges, one-off charges as stated in your order confirmation and/or the price list;

“call plan” means a monthly call plan detailed in your order confirmation;

“contract” means the agreement between us, which is made up of these terms and conditions, the order confirmation, any applicable service terms, contract summary, contract information, the price list, our privacy policy and our acceptable use policy;

“contract information” means the prescribed information we are required to provide to consumers before they enter into a contract, which includes information such as a description of the service, the length of the contract and the price;

“contract summary” means the document providing a concise and easily readable presentation of the main information we are required to provide to consumers, such as our contact details, description of the service, speeds of the internet service, price, duration, renewal and termination of the contract and features for end-users with disabilities,

“equipment” means any equipment supplied to you by or on our behalf for use in connection with the service (but excluding network equipment) as stated in your order confirmation;

“early termination charge” means the charge payable by you in accordance with these terms and conditions if your contract is terminated during the minimum contract period as detailed in the price list;

“installation fee” or “installation charge” means the fee or charge for installing the service at the service address as stated in your order confirmation and/or in the price list;

“late payment charge” means that charge detailed in the price list that is payable if you fail to pay any charges by the due date;

“minimum contract period” means the minimum subscription period that applies to the service(s) as set out in the order confirmation and/or price list;

“my account” means the secure part of the website that allows you to log in and securely access your bills, monitor usage of the service and update certain information;

“non-return fee” means the fee payable for not returning equipment as stated in the price list;

“one-off charge” means a charge that by its nature is not recurring, for example an installation fee or a late payment fee;

“order confirmation” means the communication (e-mail or letter) sent to you by Gigability Broadband, confirming your order;

“payment charges” means charges that are payable for making payment of charges other than by Direct Debit;

“postboard” means the postboard at thegigability.com/info ; “price list” means Gigability Broadband price list, from time to time in force as posted on the website;

“privacy policy” means the privacy policy at http://www.thegigability.com/legal/privacy_policy;

“recurring charges” means the monthly charges payable by you in advance for the services(s) e.g. your broadband service, as detailed in your order confirmation;

“re-connection fee” means the amount specified in the price list from time to time in force;

“registered email address” means the email address that you provided to us when you signed up for the services as stated in the order confirmation;

“service” means the FTTP broadband service and any other services stated in your order confirmation;

“service address” means the residential address at which Gigability Broadband agrees to provide the services(s) to you as set out in the order confirmation;

“start date” means the date when the service(s) is/are first made available for you to use;

“telecom provider” means Gigability Broadband’s provider(s) of elements of the service(s);

“third-party equipment” means any equipment, including but not limited to telephones, handsets, modems and routers, not supplied to you by Gigability Broadband as part of the service(s);

“website” means Gigability Broadband website at www.thegigability.com;