These Terms are valid for orders placed on or after 23 October 2018 and supersede all previous terms published on Our Website.
DEFINITIONS & INTERPRETATION:
EQUIPMENT & INSTALLATION
THE SERVICES AND ACTIVATION DATE
OUR RIGHTS TO CHANGE THE SERVICES
RE-SALE OR ONWARD SUPPLY OF THE SERVICE
SUSPENSION AND TERMINATION
PART II – ADDITIONAL TERMS FOR FIBRE SERVICES
PART III – ADDITIONAL TERMS FOR WIRELESS SERVICES
Summary of Service Terms in “Plain English”
The following is a summary of our Service Terms. This summary is for guidance purposes only and is not intended to be legally binding.
We use one set of Service Terms for both our wireless and fibre services.
1. Where you have ordered a fibre service, these Service Terms will apply to you if you have signed up to fibre services using either the:
- Pre-Order process – if our fibre network is not yet available in your area, and we have confirmed that we are able to build a fibre network in your area; or
- Order process – if our fibre network is already available in your area and you have placed an order for it and we have accepted it.
2. Where you have ordered a wireless service, these Service Terms will apply to you if you have made an order for wireless services and we have accepted it.
3. If you have Pre-Ordered a service with us, you acknowledge the purpose of the agreement is to provide Us with surety that there will be sufficient income to support the costs involved in building the network and that we will incur costs long before the build begins as infrastructure projects of this nature take time to complete. While we plan to provide the Service as quickly as possible and target to do so within 18 months of confirming to you in writing that the Condition Precedent (as defined in the Pre-Order Terms) has been met, due to many factors beyond our control such as permit requests and Local Authority consents, planning and wayleave requirements and civils resource this agreement allows up to 36 months to design and build the network from when we confirm to you in writing that the Condition Precedent has been met.
4. We will contact you to agree a date and time for installing any Equipment that is needed in order for you to receive the Service.
5. We have included some flexibility in our Terms and Conditions to make it easy to Pre-Order a service with us, even if you are in an Existing Contract with another provider as follows;
- If you are not in an Existing Contract after the network is built and at the time the Service is offered to you, then the Activation Date will be the date on which the Service is made available to you.
- If you are in an Existing Contract after the network is built and at the time the Service is offered to you, then you may delay the Activation Date by up to 12 months (the Grace Period). You will need to tell us, and provide Us with proof of, when your Existing Contract expires, in which case your Activation Date will be based on one of the following, or if different, the Promotion offered at the time of your Pre-Order:
- we may arrange to install the Equipment just before your Existing Contract or the Grace Period has expired, whichever is the sooner, in which case the Activation Date will be the date on which the Service is made available to you; or
- we may arrange to install the Equipment as soon as the Service is available in your area, but you will not have access to it until your Existing Contract or the date on which the Grace Period has expired, whichever is the sooner, in which case the Activation Date will be the date on which the Service is made available to you; or
- we may arrange to install the Equipment as soon as the Service is available in your area and provide access to it free of charge until your Existing Contract expires, in which case the Activation Date will be the date on which your Existing Contract expires or the date on which the Grace Period has expired, whichever is the sooner.
6. The Activation Date is important because it triggers the Minimum Service Period, which is a period of 24 months from the Activation Date (unless otherwise specified in your Order).
7. If you are an individual customer, we will send you a renewal reminder 2 months prior to the expiry of the Minimum Service Period. If you do not let Us know that you wish to stop receiving the Service, a new, 12-month period will commence, but we will write to you again to let you know that this has happened, and you will have 14 days to cancel the new contract. If, for some reason, you do not receive a notification from us, a new period will commence on a monthly rolling basis, but once we do write to you about a new period commencing, this will convert into a 12-month period and you will have 14 days to cancel the new contract.
8. If you are a business customer, you can terminate the Service by providing Us with 30 days’ notice prior to the contract expiring, otherwise your contract term will renew for another 12 month period.
9. The Charges you pay in respect of the Service and / or Equipment will be set out on our Websites, your Order, or Promotion that you have taken part in.
10. If you are an individual customer and you order the Service or any Equipment over the internet or telephone, you will have 14 days to change your mind and cancel your contract with us. However:
- if you book an installation for the Equipment during this 14 day period, you will lose your right to cancel.
- if you signed up to a fibre service under the Pre-Order process you will not be able to cancel the contract, as you will have already been afforded a 14 day cancellation period under the Pre-Order Terms.
These are the Terms which will apply if you have ordered wireless or fibre services from County Broadband Limited (“CBL”, “We”, “Our” or “Us”). If you have ordered fibre services, Part I and Part II will apply to you. If you have ordered wireless services, Part I and Part III will apply to you.
INFORMATION ABOUT US AND OUR CONTRACT WITH YOU
We means County Broadband Limited (a company registered in England & Wales at Old Bourchiers Hall, New Road, Aldham, Essex CO6 3QU under company number 04666043). “CBL”, “We”, “Us” or “Our”.
How We will accept your order. Our acceptance of your order will take place when We confirm in writing to you that we have accepted it, at which point a contract will come into existence between you and Us incorporating these terms and conditions. However, you acknowledge that We will only be bound to provide the Service once We have confirmed that the Equipment has been successfully installed and/or the Service activated.
This Agreement applies to Business Users and Consumers (as defined below). If you are a Consumer, you have the right to cancel your contract with Us in accordance with the cancellation rights as set out at the end of this document.
This Agreement is valid for orders placed on or after 14th March 2018 and supersedes all previous terms published on Our Websites.
THIS AGREEMENT is made on the date of Our pre-order order confirmation
(1) County Broadband Limited. Company Registration no. 04666043 of Old Bourchiers Hall., New Road, Aldham, Essex, CO6 3QU (‘CBL‘); and
(2) the customer(s) named in the confirmation email (‘the Customer‘).
It is hereby agreed as follows:
Definitions & Interpretation:
In these Service Terms the following words and phrases shall have the following meanings:
“Activation Date” means the date on which the Subscriber receives the Services, as determined in accordance with clause 3.1.
“Agreement” means, as applicable: the agreement between the parties for the Services incorporating the Service Terms, the Service Level Agreement, Website Policies, terms relating to any Promotions and, (if the Services include telephone services) the Telephone Terms.
“Business User” means a Subscriber who uses the Services and/or Equipment in the course of any trade or business.
“Charges” means the charges payable by the Subscriber in return for the Services and/or Equipment in accordance with clause 8.
“Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, craft or profession.
“Engineer” means Our agent, employee or representative.
“Equipment” means any equipment, connecting apparatus, ducting and cabling supplied by CBL or its contractors, to enable CBL to provide the Service. For the avoidance of doubt, Equipment does not include any (wireless and / or fibre) Access Points/Routers you may purchase either from Us or any other party and connect to Our Equipment. Such devices are outside of the scope of the Service and any problems with these devices will be covered under their respective warranties.
“Existing Contract” means a contract: (i) between a Subscriber and another provider, (ii) whereby such provider supplies the Subscriber with a broadband connection to the premise and (iii) which is due to expire up to 12 months from the date of the Order. For the sake of clarity, this does not include a broadband service provided over a mobile phone network.
“Minimum Cancellation Notice” means 30 days or such other period as set out in the Order.
“Minimum Service Period” means 24 months from the Activation Date unless otherwise specified in the in writing by Us.
“Order” means a request by the Subscriber for the supply of the Equipment and/or Services.
“Promotion” means price promotions, offers, discounts, packages and schemes that are advertised by us.
“Service” means a service provided by CBL to enable the Subscriber to gain access to the Internet, and any other services and facilities provided by CBL in connection with that service as described on the Web Sites, and references to “Services” shall be construed accordingly.
“Service Level Agreement” means the agreement which sets out the standards CBL will meet in the provision of the Service.
“Telephone Service Terms” means the standard terms on which CBL provides telephone services, a copy of which is available on Our Websites or can be sent to you by Us in the post on request.
“Websites” means the websites at www.countybroadband.co.uk, www.countybroadbandfibre.co.uk and www.sudbury.countybroadband.co.uk (as amended by CBL from time to time).
“you”, “your” or “Subscriber” refers to the legal person signing this agreement or otherwise subscribing for the Service. If an individual the signatory must be 18 years or over.
1. The Services
1.1. We shall provide you with the Services and/or the Equipment subject to the terms of this Agreement.
1.2. If the Service you have requested is in an area in which we have existing coverage, you can place your Order for Equipment and/or Services :
1.2.1. by completing Our online application form on the Websites;
1.2.2. by sending Us a completed application form by post to the address set out on Our Websites;
1.2.3. by completing an application form in person at one of our presentations; or
1.2.4. over the telephone with Our sales team on the number set out on Our Websites.
1.3. You may place an Order for the Service if you are party to an Existing Contract. If this is the case, the Activation Date for the Service will be determined in accordance with clause 3.1.
1.4 If you are a CBL customer and you are already in a contract with us, you will not incur any cancellation charges for terminating that contract so that you can place an Order for the Service.
1.5 In certain limited circumstances We may not be able to provide you with the particular Service that you have requested. If this happens We will use reasonable endeavours to inform you promptly and, if possible, offer you an alternative Service.
1.6. We shall not be obliged to provide the Services and/or Equipment to you unless and until:
1.6.1. We have sent written notice to you (either by post, fax or e-mail) of Our acceptance of your Order;
1.6.2. We have successfully completed the installation of the Equipment; and 1.6.3. We have received any initial Charges due from you in respect of the Services and/or Equipment (if any).
1.7. Our acceptance of your Order will take place when We write to you to accept it in accordance with clause 1.6.1 above, at which point a contract will come into existence between You and Us incorporating these Terms. However, you acknowledge that we will only be bound to provide the Service once we have confirmed that the Equipment has been successfully installed and/or the Service is activated.
1.8. We will endeavour to ensure that the Services are of a high quality. In order to maintain the quality and safety of the Services, and any other services which We provide to Our customers, We may from time to time:
1.8.1. Suspend, close down or restrict the whole or any part of the Services in order to carry out emergency or other repairs, maintenance and/or improvements or to prevent overload of the network or to preserve the safety, security or integrity of the Services and any Internet traffic conveyed (although We will give you as much notice as is reasonably practicable before doing so and will endeavour to carry out such works during the relevant scheduled maintenance periods as published by us); and/or
1.8.2. Give you instructions on how to use the Services.
1.9. You agree to comply with any instructions We may give you in accordance with this clause.
1.10. We will notify you as soon as possible if either We or Our agents, employees, representatives or anyone else involved in providing the Services and/or the Equipment, require access to your premises, to install the Services and/or the Equipment or to carry out repairs, maintenance, retrieval or upgrades. Where such notice is received by you, you agree to grant CBL and/or such other persons referred to, access to your premises. We will meet your reasonable requirements, and you agree to meet ours, concerning the safety of people on your premises.
1.11. We may make software available to you that enables you to use the Services. This software must not be copied or modified by you or anyone else unless allowed by applicable law. You undertake and agree that you will access the Services only via use of this software, or in an alternative way permitted by CBL, and you will not attempt to circumvent any security measures inherent in the Services. Where such software is owned by or licensed to CBL, We will, where possible, grant you a revocable, non-transferable, non-assignable, nonexclusive license to use it for the duration of the Agreement (or, if shorter the duration of any licence of the software to CBL). Where the use of such software by you requires you to enter a separate licence you agree to do so.
2. Equipment & Installation
2.1. We will contact you to book an installation and to confirm the date and time of your appointment(s) slot, and will use reasonable endeavours to arrange a date and time that is convenient to you.
2.2. Unless otherwise agreed by Us in writing, the Equipment remains the property of CBL at all times; although CBL will consider any reasonable offer to purchase the Equipment so installed. CBL may at its option, but is under no obligation to, dismantle and/or retrieve the Equipment on the cessation of the Service for whatever reason.
2.3. You and we agree that you will be the owner of any (wireless and / or fibre) Routers you may purchase either from Us or any other party in order to receive the Service. By accepting these Terms, you hereby authorise CBL to access these Routers for the purposes of:
2.3.1 resolving any connectivity issues that you contact Us in respect of;
2.3.2 providing you with software updates to improve the Service; and 2.3.3 any other reasons which we notify you of from time to time.
2.4. Unless otherwise agreed by Us in writing, you agree to pay a non-refundable fee for installation of the Equipment at your premises sufficient to enable CBL to provide the Service. Along with the monthly subscription, you will be advised of such fee in writing in advance of any installation. If the Engineer determines that additional installation charges will apply, unless otherwise agreed between us, you agree to pay for any and all charges in relation to any additional work necessary for the installation of the Service. However, prior to incurring such costs, you will be presented with a revised estimate and given the option to proceed or not with the installation work. If you elect not to proceed with the installation pursuant to this paragraph no costs will be incurred by you in relation to that Service, however, such cancellation shall not cancel any other Service that you have ordered from CBL, or discharge your obligation to pay the Charges for such Service whether or not such orders have been fulfilled.
2.5. It is your responsibility to make sure that there are enough mains socket outlets at your premises to provide a power supply for any equipment which may form part of the Services.
2.6. You must obtain all relevant permissions and consents for the purposes of installing the Equipment lawfully and in an unimpeded manner and to make all such arrangements at any property not owned by the Subscriber. You understand that We will incur additional costs if these permissions, consents and arrangements are not in place on the agreed date(s) for installation and that you will be responsible for those costs in addition.
2.7. Where specific works are required to install the Equipment, we will carry out the installation with reasonable care and skill and will use reasonable endeavours to make good any minor damage to walls, roofs or other parts of the premises that we cause, provided that unless otherwise agreed in writing you agree that We shall not be responsible for reinstating your property to any specific standard following the installation process in any circumstances. Subject thereto We confirm We will maintain appropriate insurance cover.
2.8. You confirm that:
2.8.1. you grant CBL authorisation to:
126.96.36.199. enter onto your property to install the Equipment on, under or over your property;
188.8.131.52. inspect the Equipment;
184.108.40.206. repair or alter the Equipment;
220.127.116.11. remove the Equipment; and
18.104.22.168. add further cabling in any existing duct;
2.8.2. you will not damage the Equipment or allow anyone else you are responsible for to damage the Equipment;
2.8.3. you will not place or build anything on your property which would make it difficult for CBL to get to the Equipment and you must not plant a tree or shrubs if the roots are likely to interfere with the Equipment, unless you have to do so because of planning law; and
2.8.4. where you are not the registered freehold proprietor of the property, you have obtained the freehold proprietor’s written agreement (and the written agreement of any other person with an interest in your property which is superior to yours) to the installation and maintenance of the Equipment in accordance with these Terms.
2.9. You confirm that you will not remove any ducts that we install for the purpose of providing the Service.
2.10. You agree to indemnify CBL for any loss or damage to the Equipment for any reason other than such as may occur during installation, repair, retrieval or upgrade process carried out by CBL. You are advised to include the Equipment on your property insurance.
2.11. You are responsible for ensuring that you have a compatible computer or device to be able to receive the Service as well as supplying a mains socket within easy access (usually within ten metres) of the installation point.
2.12. You agree to be responsible for the cost of any aborted installation costs due to your failing to provide proper access or an appropriate mains socket, or not having a compatible computer or device – such cost will be restricted to a maximum of the quoted installation fee in circumstances where we are charging you for (i) the full price of the installation or (ii) a reduced price for the installation as part of a Promotion.
2.13 From time to time, we may offer a complimentary installation as part of a Promotion. Where this is the case, you agree to be responsible for our Engineer’s costs due to your failing to provide proper access or an appropriate mains socket, not having a compatible computer or device, or if you cancel your installation appointment without providing Us with at least 14 days’ notice.
3. The Services and Activation Date
3.1. Once the Equipment has been installed, the Service will be available, but the Activation Date will depend on whether you are party to an Existing Contract or not:
3.1.1. If you are not party to an Existing Contract, the Activation Date will be the date on which the Service is made available to you.
3.1.2 If you are party to an Existing Contract, you may delay the Activation Date by up to 12 months (the Grace Period). You must inform us, and provide Us with evidence, of the expiry date of your Existing Contract, in which case your Activation Date will depend on one of the following, or if different, the Promotion that your Order is subject to:
22.214.171.124. we may arrange to install the Equipment just before your Existing Contract or the Grace Period has expired, whichever is the sooner, in which case the Activation Date will be the date on which the Service is made available to you; or
126.96.36.199. we may arrange to install the Equipment as soon as the Service is available in your area, but you will not have access to it until your Existing Contract or the date on which the Grace Period has expired, whichever is the sooner, in which case the Activation Date will be the date on which the Service is made available to you; or
188.8.131.52. we may arrange to install the Equipment as soon as the Service is available in your area and provide access to it free of charge until your Existing Contract expires, in which case the Activation Date will be the date on which your Existing Contract expires or the date on which the Grace Period has expired, whichever is the sooner.
3.2. For the avoidance of doubt, the Minimum Service Period will commence on the Activation Date as determined in accordance with clause 3.1 above.
3.3. We will use reasonable endeavours to provide an uninterrupted, fault-free Service to you at your selected speed, but make no guarantee in this regard as conditions beyond Our control may prevent CBL from doing so.
3.4. You acknowledge that the speed of Service may be slower depending on factors such as the speed and quality of your router and/or other related equipment, distance between your device and your router, thickness of walls, external interference, and congestion on Our network or the internet.
3.5. With the intention of optimising Our network performance, at all times of the day, and at Our discretion, We reserve the right to manage internet applications across the Service. This may include, but is not limited to, prioritising data transfer through Our network and reducing file sharing activities during times of high congestion.
3.6. Except where terminated or suspended in accordance with this Agreement, the Services will be provided for a Minimum Service Period.
3.7. If you are a Consumer:
3.7.1 We will send you a renewal reminder notice two months prior to the expiry of the Minimum Service Period setting out the terms of the renewal and any steps you need to take if you would like to inform Us that you no longer wish to receive the Services. If you do not notify Us of an intention to stop receiving the Services, We will continue to provide the Services to you, subject to the following terms and procedure:
184.108.40.206 a new 12-month Service period will commence;
220.127.116.11 We will follow-up with you in writing to confirm that a new Service period has commenced, and you will have a 14-day period from the date on which We write to you to cancel the Service. You can do this by emailing Us at email@example.com.
3.7.2 and, if, for whatever reason, you do not receive any notification from Us in accordance with clause 3.7.1 above, a new Service period will commence on a monthly rolling basis. Once you receive written confirmation from Us that a new Service period has commenced:
18.104.22.168 the monthly rolling term shall convert into a new Service period of 12 months in accordance with clause 22.214.171.124; and
126.96.36.199 the cancellation rights in clause 188.8.131.52 shall apply.
3.8. We will use reasonable efforts to activate the Services by the date notified to you following acceptance of your Order, however, all dates are estimates and We cannot guarantee that they will be met.
3.9. In order to manage our network for the benefit of all of our customers we may take measures to restrict your use of the network if the amount of data downloaded by you in any calendar month exceeds the average amount of data downloaded by other customers on the same or similar package in the ninety-eight percentile measured by amount of data downloaded. In any event we will not take any such action if the amount is less than 600GB of data.
4. Our rights to change the Services
4.1. We will provide the Services for the relevant Minimum Service Period subject to the terms of the Agreement.
4.2. We may from time to time, including but not limited to as a result in a change in law, have to modify, suspend, vary or discontinue the whole or any part of the Services (including, without limitation, any codes or access details or technical specifications associated with the Services) and will endeavour to give you as much notice as is reasonably practicable if We need to do so.
4.3. We may change the terms and conditions of the Agreement from time to time, for example, to reflect changes in pricing for the Service. Where we do so We will publish details of all changes on the Web Sites before they take effect.
4.4. We will endeavour to let you know about any change referred to in clause 4.3 at least one month before it happens. However, if We need to make changes, as soon as possible, for regulatory or legal reasons, We may be unable to meet that timescale. In those circumstances, We will let you know about any changes as soon as We can.
4.5. If We have made a change to your significant disadvantage and you decide to terminate this Agreement early, you will not have to pay Charges in relation to the Services, for the remainder of the Minimum Cancellation Notice. Your continued use of the Service or Equipment after we have notified you of a change to the terms and conditions of the Agreement shall constitute your acceptance of that change.
4.6. In the event of a fault the Subscriber may report it by telephone, email or in writing to Our office. Once reported We will endeavour to resolve it as quickly and efficiently as possible in accordance with the applicable SLA.
4.7. You will not be charged for fault repairs if We are responsible for them. You will however be charged for call outs and labour costs if the fault is determined by CBL to have been caused by you or any third party, or We are unable to gain access to your premises at the time agreed, or if Our contractor’s visit is cancelled by the Subscriber after it has been requested and you have failed to give CBL 6 hours’ notice of cancellation. 4.8. We are not responsible for support to any computer equipment, software and cables that We did not supply
5. Re-sale or onward supply of the Service
5.1. You agree not to re-sell, or share access to the Service with any third-party without Our prior written agreement and not to offer commercial services using the Service such as, but not limited to, the hosting of web services such as gaming servers, emails servers or voice servers for which you receive either a direct, or indirect payment.
6.1. If you are participating in one of our Promotions, please ensure you read and understand any additional terms and conditions that are set out in that specific Promotion.
6.2. If, for whatever reason, we are required to amend the terms of a Promotion, we will provide you with as much advance notice as possible. You will always have the right to cancel your Agreement with Us if we amend the terms of a Promotion to your significant disadvantage.
7.1. You accept and acknowledge that the Service may not be secure and that We do not guarantee the prevention or detection of any unauthorised attempts to access the Service or your computer. It is your responsibility to protect your computer and data from computer viruses, adware, spyware, and malware by installing and updating adequate anti-virus and security software. You must use password protected systems at all times.
8.1. Except as otherwise provided in the Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out on the Websites, the agreed Order and / or Promotion.
8.2. You shall pay the Charges (without any set off or deduction of any kind) monthly or annually (as set out in the Order) in advance by direct debit unless otherwise agreed in writing by us.
8.3. If you pay annually, and you terminate the service within 12 months, there will be no refund due.
8.4. All prices quoted on the Websites are inclusive of VAT at the applicable rate unless otherwise stated.
8.5. All invoices are downloadable from the customer portal. You agree that you will notify Us as soon as possible of any change in your credit/debit card or bank account details. Should you terminate the Services in accordance with this Agreement, it is your responsibility to terminate any standing order with your bank.
9. Our Liability
9.1. You agree that, in view of their nature, your use of the Services is at your sole risk. Whilst We will endeavour to ensure that the Services are of a high quality, neither We nor any of Our agents, contractors, licensees, employees or information providers involved in providing the Services, give any guarantee that the Services will be uninterrupted or free from error. Where necessary for commercial, technical or other reasons: 9.1.1. a network or service provider connected to the Services may suspend or terminate its connection to the Services; and
9.1.2. the Services may suspend or terminate their connection to another network or service provider.
9.2. You agree that any such suspension or termination referred to above will not constitute a breach by Us of the Agreement and that the Services are provided on an “as is” basis without guarantee of any kind. You further agree that We will not be held liable for any costs, expenses, losses, damages or other liabilities (howsoever arising) which you may incur as a result of such suspension.
9.3. You acknowledge that the Internet is separate from the Services and that use of the Internet is at your own risk and subject to any applicable law. We have no responsibility for any goods, services, information, software, or other materials which you may obtain from a third party when using the Internet.
9.4. You also acknowledge that We may exercise editorial control over the content of Our servers, but that We do not have the resources to ensure, nor are We capable of checking, the full content of Our servers at all times. Neither We, nor any of Our agents, contractors, licensees, employees and information providers, involved in providing the Services, are able to control the content of the Internet. You, therefore, agree that We shall not be held responsible for the publication, transmission or information of any kind, other than information which is inserted by us. You specifically acknowledge that We have given no warranties as to the quality, content or accuracy of information received through, or as a result of the use of, the Services.
9.5. You agree and acknowledge:
9.5.1. that you are in a better position than Us to foresee and evaluate any potential damage or loss which you may suffer in connection with the Equipment and/or the Services and/or any other service provided to you under the Agreement;
9.5.2. that We cannot adequately insure Our potential liability to you; and 9.5.3. that the sums payable by you under the Agreement have been calculated on the basis that We shall exclude liability in accordance with the Agreement.
9.6. You agree that We shall not be liable for any and all losses, (including loss of data) damages, costs, claims and other liabilities which arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the Equipment and/or Services due to circumstances beyond Our or any of Our suppliers’ reasonable control (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities). Should any event, referred in this clause, continue for more than 60 days, you will be entitled to suspend payment of the Charges until such time as the Service is reinstated.
9.7. In no circumstances whatsoever will We be liable to you (whether in contract, or for breach of duty, or negligence or otherwise) for any indirect, incidental or special loss or damage or any loss of business or of contracts, profit, opportunity, goodwill, reputation, or anticipated savings, or for any loss or corruption of data which arises out of or in connection with any use of, or inability to use, the Services and/or the Equipment.
9.8. In any event Our aggregate liability to you of any sort (including for breach of contract and negligence) in connection with this Agreement shall not exceed the amount of Charges paid by you to Us in accordance with this Agreement.
9.9. Nothing in this Agreement will limit Our liability under Part I of the Consumer Protection Act 1987 or for death or personal injury caused by Our negligence, or any other liability that cannot be limited or excluded by law.
10. Your Responsibilities
10.1. You agree that you will be responsible for and hold Us and Our agents, contractors, licensees, employees and information providers, involved in providing the Services and/or Equipment, harmless from and against any and all losses, claims, damages, costs, demands, expenses and other liabilities which We suffer as a result of any breach by you of the terms of this Agreement, and from and against any claim brought by a third party alleging that the use of the Services and/or the Equipment, by you or under your account, has infringed any intellectual property or other right of any kind, or any applicable legislation or regulation (whether international or domestic) but excluding any liability which We face as a result of criminal prosecution.
10.2. You agree to pay all costs, damages, awards, fees (including legal fees), judgements and other sums awarded against, or agreed to be paid by, Us in relation to such claims referred to at clause 10.1 above. You further agree that you will, as soon as possible, notify Us of, and forward to Us all correspondence received by you in relation to, such claims.
10.3. You also agree that We shall have full authority to defend, compromise or settle such claims referred to at clause 10.2 above, and that you will, at your expense, provide Us with all reasonable assistance necessary to defend such claims.
10.4. You agree that the configuration of your internal network remains your responsibility. Any interruption to the Services resulting from such configuration shall not be regarded as an interruption in or suspension of the provision by Us of the Services.
10.5. You agree that any equipment connected to or used with the Services will bear the European Consumer Equipment Standards “CE” mark. You will be responsible for ensuring that all such equipment is technically compatible with the Services and is used in compliance with all relevant instructions and safety and security procedures.
10.6. If requested by CBL, you agree to apply for a Gigabit Voucher to support the cost of connecting you to the service. You should only confirm your voucher with DCMS if you have an order and then you must only validate the voucher once you have received the connection. You agree that in accordance with clause 13.4, CBL may provide the Department for Digital, Culture, Media and Sport (“DCMS”) with information required to support your Gigabit voucher application. Details of the scheme can be found at http://gigabitvoucher.culture.gov.uk.
11. Suspension and Termination
11.1. If you are a Business User, this Agreement shall continue until the end of the Minimum Service Period and shall automatically extend for a 12 month period (Extended Term) at the end of the Minimum Service Term and at the end of each Extended Term. In each case, you may terminate the Service on giving not less than the Minimum Cancellation Notice, such notice to expire on the end of the Minimum Service Period specified in your Order or at the end of the relevant Extended Term.
11.2. If you are a Consumer, the procedure set out in clause 3 shall apply.
11.3. You may give notice of immediate termination of the Service following any consecutive 28 calendar day period of non-supply or interruption of the Service for which We are responsible.
11.4. If you are a Consumer, you have a 14 day cooling off period within which you can cancel an Order for the Service. Further information on your cancellation rights can be found at the end of this document.
11.5. You may not terminate under the terms of this clause if the non-supply or interruption is as a result of you failing to provide or maintain the appropriate or compatible equipment.
11.6. We may immediately terminate the Service without any notice should We fail to receive any subscription payment, whether monthly, quarterly or annual, due from you. Any unpaid subscriptions shall remain due from you notwithstanding termination of the Service in these circumstances.
11.7. In any event We may terminate the Service by giving 30-calendar days’ notice by e-mail or by post to the Subscriber. In that event We will refund any advance payments made by you.
11.8. We may suspend or terminate the Services (or any of them) and/or terminate the Agreement at any time, without prior notice or refund to you, and without affecting any of Our accrued rights or claims, either:
11.8.1. where We reasonably believe that the Services are being used in breach of the Agreement;
11.8.2. for any other material breach of the Agreement by you; or
11.8.3. where you are or become insolvent as defined in the Insolvency Act 1986 (as modified, amended or replaced from time to time); or enter into any compromise or arrangement with your creditors or commit any act of bankruptcy; or if an order is made or effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction of a solvent company) or suffer any distress or execution or other legal process to be levied or enforced or sued upon or against any part of your property, assets or revenue and which is not discharged or stayed within 7 days, or you cease or threaten to cease to carry on business.
11.9. You agree that We may suspend or terminate your access to the Services where We decide, acting reasonably, that you are using the Services in a reckless or wasteful manner.
11.10. Any suspension of the Services by Us following breach of Agreement by you will not constitute a termination of the Agreement and We may require you to pay a reconnection fee to recommence the Services together with the relevant Charges.
11.11 If you are a Consumer and you are moving home:
11.11.1 you may terminate these Terms in the event that you no longer reside at the premises in respect of which you placed the Order for the Services, provided that: (a) you notify CBL, in writing to firstname.lastname@example.org that you no longer live at such premises and supply evidence to demonstrate this; and (b) such notification takes place prior to the date on which CBL first writes to you to arrange the installation of the Equipment in accordance with clause 2.1. Subject to clause 11.11.3, if any notice that CBL receives after this date will be accepted, subject to your payment to CBL of the remaining Charges that are due in the Minimum Service Period; or
11.11.2 you may choose to make a new Order for the Service that you initially requested , provided that your new home is within an area served by County Broadband’s fibre infrastructure. Please write to Us at email@example.com if you wish to make a new Order at your new home. There may be additional Charges for carrying out an installation in your new home. If you are unable to pay these additional Charges, then you will not be able to make a new Order, and you will be required to pay the remaining Charges that are due during the Minimum Service Period. 11.11.3 Notwithstanding clause 11.11.1(b), if you notify Us that you are moving at any time after we write to you to arrange the installation of the Equipment, you will not be required to pay the remaining Charges that are due during the Minimum Service Period if the incoming resident at your premises agrees to take a new contract with Us for the Services. To rely on this clause, please contact Us at firstname.lastname@example.org.
12.1. We may transfer, assign or sub-contract the whole or any part of Our rights and obligations under the Agreement. You agree that you will not assign, sub-contract, sell, transfer, lease, licence or charge by way of security any of your rights or obligations under the Agreement.
12.2. In particular, you agree not to grant access to the Service to any third-party without Our prior written agreement.
13.1. You agree that both We and Our employees may hold all names and other information in your Order, in a computerised database. You agree that such data may be processed and may, in certain circumstances, be supplied to and processed by Our suppliers, to enable the provision and maintenance of the Equipment and/or Services.
13.2. You acknowledge that We may, from time to time, be required under regulations and/or legislation to co-operate with and/or disclose data to, government or other bodies and/or authorities
13.3. Except as set out above, We will not pass on your details to any third party for any reason.
14.1. You agree to keep the contact details which you have provided to Us up to date. Any notice or other information to be served by Us on you in accordance with this Agreement will be validly sent if in writing and sent by either email or first class post to your last known email or postal address. Any notice sent by first class post will be deemed served two days after posting. Any notice sent by e-mail will be deemed served on the day that it is sent.
14.2. Any notice to be served on Us must be in writing and sent either by pre-paid first class post to Our registered office or to such other address as may be specified by Us to you for this purpose from time to time. Any notice sent in accordance with this sub-clause will only be deemed served if and when you have received a written acknowledgement from us.
15.1. Neither failure nor delay by either you or Us in exercising any of your or Our rights under the Agreement shall amount to a waiver of any such right, or operate so as to bar the exercise or enforcement of such right at any time in the future.
15.2. This Agreement represents the entire agreement and understanding between you and Us with regard to the supply of the Equipment and/or Services, to the exclusion of all prior agreements, arrangements and understandings. The Agreement contains express promises and obligations on Our part. You agree that any other term which might be implied or incorporated into the Agreement, by statute, at common law or otherwise, is excluded, to the fullest extent permitted by law.
15.3. you acknowledge and agree that in entering into the Agreement you have not relied upon any oral or written representation, statement or understanding (whether negligently or innocently made) by any of Our employees, agents, sub-contractors or representatives other than as expressly set out in the Agreement.
15.4. you further acknowledge and agree that you will have no remedy in respect of any untrue representation innocently or negligently made by Us or any of Our employees, agents, subcontractors or representatives prior to entering into the Agreement upon which you may claim to have relied in entering into the Agreement whether such representation was made orally or in writing.
15.5. The only remedy available to you for a breach by Us of the Agreement shall be for breach of contract under the terms of the Agreement.
15.6. Nothing in the Agreement shall exclude or limit Our liability for fraudulent misrepresentation.
15.7. If any provision, clause or sub-clause of the Agreement is held by any competent authority to be void, voidable, illegal, invalid or otherwise unenforceable, but would be valid and/or enforceable if any part of such provision, clause or sub-clause Were deleted or modified, then that provision, clause or sub-clause shall apply with such deletion or modification as may be necessary to make it valid and/or enforceable.
15.8. If any part of the Agreement or the application of it to any person shall, for any reason, be adjudged by a competent authority to be invalid, void, voidable, illegal or unenforceable such judgement shall not affect the remainder of the Agreement which shall continue in full force and effect.
15.9. References to the singular include the plural and vice versa. References to one gender include all other genders and vice versa.
15.10. A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement, but this does not affect any right or remedy of any third party which exists or is available apart from that Act.
15.11. The Agreement shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales. In the event that the Agreement is translated into any other language, the English language version shall prevail.
YOUR CANCELLATION RIGHTS
If you are a Consumer and you ordered the Service and/or any Equipment from Us either over the internet, by telephone or by any other distance selling method you may cancel the contract in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Distance Selling Regulations”).
To exercise the right to cancel, you must inform Us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form provided, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
The cancellation period will expire after 14 days from the day of the conclusion of the contract (i.e. the day after we accept your Order). If you ask Us to commence the Services before the 14 day period has ended, your right to cancel ends, even if you have not started using the Service provided. If you cancel the Service before We provide it, you may have to pay for any work that has been done towards providing the Service.
For the avoidance of doubt, you are deemed to have asked Us to commence the Service if you book an installation for the Equipment during the 14 day period.
If you cancel your contract, We will reimburse to you all payments received from you, including, if applicable, the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by Us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day We receive back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which We are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To County Broadband Limited
I/We[*] hereby give notice that I/We [*] cancel my/Our [*] contract as follows:
For the sale of the following goods [*] /for the supply of the following service [*], __________
Ordered on [*]/received on [*], _________________________________________________
Name of customer(s), ________________________________________________________
Address of customer(s), ______________________________________________________
Signature of customer(s) (if this form is submitted on paper), _________________________
PART II – Additional terms for fibre services
In this Part II:
“Long Stop Date” shall have the meaning ascribed to it under the Pre-Order Terms.
“Pre-Order Terms” means the conditional agreement that applies when you pre-order a fibre Service in an area where we are planning to build and provide such fibre Service.
1. If the Service you have requested is a fibre service in an area in which we do not yet have coverage, you will have placed your Order by completing our Pre-Order form in accordance with the Pre-Order Terms.
2. If you have ordered fibre services under the Pre-Order Terms, we will contact you in accordance with clause 2.1 of Part I of these Service Terms to book an installation within 36 months from the date on which we write to you to confirm that the Condition Precedent has been met.
3. Where the Service is a fibre installation, the Charges will depend on factors which include, but are not limited to:
3.1. the Promotion you have selected;
3.2. whether the installation will be an overhead or underground installation; and
3.3. if it is an underground installation and you require a bespoke installation, being any distance above our standard installation.
4. Subject to clause 3 above, where the Service is a fibre installation, prior to installing the Equipment, CBL shall notify you of the estimated cost of the installation and an anticipated date by which the installation will be complete.
Our standard installation includes:
When the connection is delivered underground:
- router installation, service configuration and validation
- up to 15 metres buried fibre cabling in the lawn, flowerbed or clipped to a wall, or.
- up to an additional 2 metres buried fibre cable in hard ground (examples include through paving slab grout line or slot in tarmac), or
- a combination (7.5m soft dig and 1m hard dig)
- externally mounted customer termination box
- one hole through a house wall
- up to 3 metres of fibre cable clipped internally
When the connection is delivered overhead:
- router installation, service configuration and validation
- up to 55 metres fibre cabling
- external wall mounted bracket
- externally mounted customer termination box
- one hole through a house wall
- up to 3 metres of fibre cable clipped internally
5. If you request any changes to our standard installation as set out in clause 4 above, you agree to pay any additional Charges for that installation. Where you have requested changes to our standard installation, you acknowledge that you do not have a right to terminate these Terms on the grounds that do not wish to pay additional Charges for these changes.
6. You cannot rely on the cancellation rights under Part I of these Terms if the Pre-Order Terms applied to you, as you will have already been afforded a 14 day cancellation period under those Pre-Order Terms.
PART III – Additional terms for wireless services
1. If the Service is a wireless service, we agree to be responsible for any aborted installation costs for not being able to supply the Service due to technical restrictions and similar problems.
2. Where the Service is a wireless installation, the Charges will depend on factors which include, but are not limited to, the Promotion you have selected.
3. Subject to clause 2 above, where the Service is a wireless installation, prior to installing the Equipment, CBL shall notify you of the estimated cost of the installation and an anticipated date by which the installation will be complete.
Our standard wireless service installation includes:
- Installation of antenna onto existing fixing/current tv antenna pole
- Up to 15 metres of cabling from the antenna to the router
- One hole drilled through external wall
- Up to 90 minutes of labour