Terms and Conditions > Terms and Conditions for Business Ethernet Customers

Terms and Conditions for Business Ethernet Customers

1. Definitions:

Wessex Internet

Terms and Conditions for Enterprise Customers

Introduction

We are committed to providing customers with concise and understandable terms and conditions in order to provide clarity on the contract between us. Please take a few minutes to read these contract terms, and if you have any questions about them, contact our customer service team as set out in clause 2.

These terms form the contract between you and Wessex Internet for the Service that we provide, and the basis on which we shall provide that Service to you. References to “we”, “us” or “our” should be read as references to Wessex Internet.

We will provide the Service to you in accordance with these contract terms which constitute the contract for the provision of your Service from us (“Contract”). The Charges for Services you pay under the Contract are set out in the Price List. The Contract is also subject to our Code of Practice, Vulnerable Persons Policy, Fair and Acceptable Use Policy, Privacy and Cookie Policy, and any other policy introduced or amended by us from time to time, and published on our website.

In order to receive our Service, you must agree to the Contract terms before we can provide Service to you in accordance with the Contract.
Definitions and rules of interpretation that apply to the Contract are set out at the end of these terms.

1. Our Services

1.1 We will provide you with the relevant Service you buy from us in accordance with the Contract terms. Our Services include different packages of high-speed broadband connectivity delivered by full fibre and wireless technologies (‘Broadband Service’). Our Broadband Services are available in a range of packages which you can discuss with a member of our sales team and the option you select will be specified on your Enterprise Ethernet Order Form. The Charges that will be payable by you for the Broadband Service will vary depending on the speed that you purchase. Most of our enterprise customers provide their own equipment (a wires only service), but you also have the option to request that we provide a fully-managed and proactively monitored router.

1.2 Save where otherwise stated on the Order Confirmation, the Minimum Term that applies to your Service is thirty-six (36) months starting from the date of Service activation. However, you will be contractually bound in relation to the Service you have ordered from us from the point at which the Contract is formed in accordance with clause 3.7.

1.3 We will provide your Service with the reasonable skill and care of a competent provider and shall take steps to ensure the Services are fault free and uninterrupted so far as is reasonably practicable. However, it’s not always possible to provide a Service that is free from faults, and we do not represent, warrant or guarantee that the Service will be uninterrupted, secure or error-free.

1.4 The SLA set out in Annex 1 shall apply to any relevant Service you order from us.

2. Information about us and how to contact us

2.1 Wessex Internet Limited is a provider of various broadband and internet-based communications services, registered in England and Wales (Company no: 06258070 and VAT no. GB26494965).

You may contact us for anything to do with your Service or account (including, but not limited to account enquiries, billing, sales, customer support, technical support, complaints via our website) by the following means:

  • Website - Visit the help and support page on our website which can be found at https://www.wessexinternet.com/help-and-support/ and complete the web form.

  • Telephone - Call Customer Support on 0333 240 7997 between 8am and 5.30pm Monday to Friday to speak to a member of our customer support team. Calls will be charged at the same rates as calls to 01 or 02 UK landline numbers.

An out of hours telephone number for technical support will be supplied to you when your order is accepted and you become a live customer.

  • Post - Wessex Internet c/o Ranston Blandford Dorset, DT11 8PU

Customers are required to cover their own postage costs.

3. Signing up for our Services and your right to cancel

3.1 You can purchase Services and Equipment from us by calling and speaking over the phone to one of our sales representatives (‘telesales’) or in person via a direct sales agent or at an agricultural show or marketing event (‘in-person sales’).

Our ability to provide Services to your Property

3.2 You can use our website to identify whether your Property falls within our Network Footprint — meaning we believe we can provide Services to your Property. For telesales and in-person sales, our sales representative will confirm whether your Property is (or is planned to be) within our existing Network Footprint.

3.3 Where we can provide Services, you can follow the relevant process below to order Services and/or Equipment from us. Where we cannot provide Services to your Property, you will be invited to register your interest to potentially receive our Services in the future.

3.4 Where we can serve your Property and you wish to proceed to order Services and/or Equipment from us:

a) For telesales, our sales representative will discuss your requirements, then provide you with a written proposal. If you indicate you are happy to proceed, the sales representative will complete on your behalf an Enterprise Ethernet Order Form to order Services and/or Equipment, and send you a copy to sign (either electronically or in paper form);

b) For in-person sales, either you or our sales representative on your behalf will complete an Enterprise Ethernet Order Form to order Services and/or Equipment and you’ll be asked to sign it (either electronically or in paper form).

3.5 We will send you the relevant terms of the Contract. You will need to review the Contract documents and you will be asked to tick a box or provide your signature to confirm your acceptance of the terms comprising the Contract.

3.6 By placing an order via the website or sending us a signed Order Form, you are making an offer to purchase the relevant Service or Equipment in accordance with the terms of the Contract.

3.7 When we have processed your order, we will send you a countersigned Enterprise Ethernet Order Form which will constitute the Order Confirmation. Us sending you the Order Confirmation signifies our acceptance of your binding commitment to buy the Services from us, and the Contract between both parties for the relevant Services will be formed at that point. You should retain a copy of the Order Confirmation for your records.

3.8 We operate, to the extent possible, a paper-less and post-less system when engaging with our customers and setting up new customer connections. Given this, when ordering our Service, you must provide a valid and current email address to us. We will use this as the primary means for contacting you. You are responsible for maintaining and regularly checking email communications. You can update details of your email address by calling our Customer Support team or by submitting a support request on our website or via our app. We recommend you add our domain names to your white list or safe senders list to prevent our emails being tagged incorrectly.

3.9 If for any reason you need a paper copy of your bills, please contact Customer Support and we will arrange this for you. This service is free of charge for vulnerable customers. Our other customers are charged an admin fee of £10 + VAT for each paper copy of their bill.

3.10 If you have a disability or condition which means you require your bill to be provided in an alternative format (i.e. larger font or braille), please contact Customer Support and we will arrange this for you free of charge.

3.11 If we need to perform a Site Survey, and after completion of that survey, or otherwise after an attempt at installation, we cannot deliver the Service because of physical obstructions, interference or because safety cannot be guaranteed during installation, then we shall terminate your Contract without penalty, although the Site Survey fee will not be refunded. Where alternative services are available, we will provide you with details of the alternative services available for your consideration.

Gigabit Vouchers

3.12 We will inform you if the Broadband Service you order from us for installation at your Property falls within the scope of a Gigabit Voucher Scheme and we will provide details of the relevant voucher value that applies to your installation Charges. We will apply on your behalf for any relevant Gigabit Voucher for your installation and will keep you updated as to the application’s progress. It is a matter for BDUK if you are eligible or not for the Gigabit Voucher scheme, and we have no involvement in those decisions. If you are eligible, you agree to comply promptly with all reasonable and lawful instructions we or BDUK give you in connection with the Gigabit Voucher. This includes validating the Gigabit Voucher and responding to BDUK’s communications within the relevant period. If you fail to validate the Gigabit Voucher within the timeframe specified by BDUK then you will remain responsible for the full installation Charges.

3.13 More information on Gigabit Vouchers is available at https://www.wessexinternet.com/help-and-support/guides/vouchers-explained/

Order cancellations

3.14 Once the Contract has been formed in accordance with clause 3.7, you may only cancel your order for Services if you pay the relevant Early Termination Charge in accordance with clause 11.1. To request cancellation of your order, you should call contact us by email, post or by telephoning Customer Support.

3.15 We will process any order cancellation request promptly and refund you as appropriate in accordance with Applicable Law and the Contract.

4. Installation of Service

4.1 Once your order has been confirmed and accepted by us in accordance with clause 3.7, we will contact you to arrange a Site Survey (if we believe one is required) and/or installation of any Equipment that we need to install at your Property. Often, for wireless connections, the physical Site Survey and installation take place at the same time. A survey is very rarely required for a full fibre broadband installation. If we believe a Site Survey is not required, but you expressly request one, we will charge you for it — please see our Price List for more information. In all cases, you will be required to pay a one-off installation fee as well as an activation fee — please see our Price List for further details.

4.2 Broadband Equipment: All Equipment supplied as part of the service provision will be provided to you at the time of the engineer’s appointment. It will be brought to your Property by one of our engineers. For wireless connections, we may charge an engineering charge or installation charge that will cover the cost of the engineer’s attendance and of delivering the Equipment to you – please see the Price List for more details.

4.3 Where an engineer attends your Property, you must ensure:

a) That someone over 18 years old is available on the date and time to allow us to deliver and install the Equipment and Service;

b) That you are the owner or have sought the necessary permission from the owner, landlord or local authority (such as for planning or listed building consent where required) for the installation of the Equipment. We take no responsibility for obtaining the necessary permission;

c) That the Property is ready for installation, including for example, that our engineers will be able to gain access to the Property and have a clear working space within which to install the Equipment.

d) For wireless connections, our engineers will require clear and unrestricted access to the external wireless equipment (dish) mounting position, the entire route which the cabling will take from the external wireless equipment (dish) to the internal termination point and any other internal locations we may need access to.

e) Full fibre and Wireless connections also require at least 2 x 13 Amp UK mains sockets to power the Wi-Fi router and other relevant Equipment.

f) That your own network Equipment and/or computers meet the required specification to use the Service. Generally speaking, this means any compatible networked device, which needs to be capable of 802.11AX Wi-Fi, certified for use in the UK. If your device is not compatible then we take no responsibility for any potential adverse performance or reliability issues.

4.4 If our engineer arrives and any of the above criteria are not met and we are unable to proceed with the installation, then we reserve the right to charge an abortive engineering charge – please see the Price List for details. A new date and time will be provided which is subject to engineering availability and the installation will be subject to the installation charges set out in the Price List.

4.5 Once any necessary Site Survey has been completed, and we have carried out the necessary preparatory work to provide the Service to you, we will use our reasonable endeavours to commence the provision of the Service promptly and we will notify you by email of the Service Commencement Date. However, the activation of your Service on a specific date is not guaranteed and we will have no liability in respect of any failure to commence the supply of Service by a given date.

5. Equipment

5.1 Most of our enterprise customers provide their own equipment (a wires only service), but if you ask us to provide Equipment, the following will apply: a) For the Broadband Service, we will provide you with the router; b) For wireless connections, we will provide you with the Customer Access Radio and the associated mounting brackets, cabling, and connectors.

5.2 During the Contract, all Equipment provided by us for the provision of the Service shall remain the property of Wessex Internet, unless you are otherwise advised in writing.

5.3 When your Contract ends, we will advise you whether you need to return the Equipment. If we advise you that the Equipment need not be returned, then ownership of it passes to you, and you will have sole responsibility for maintaining, configuring and using it after that point. Where we wish to recover the Equipment in person, you must allow us suitable access to your Property to recover this Equipment in a timely fashion, and in any event no later than 2 weeks after termination of your Contract. Where we wish to recover the Equipment via post then we will send you a postage paid bag to return the Equipment in, and you must post the Equipment back to us in a timely fashion, and in any event no later than 2 weeks after the termination of your Contract. If we notify you that we do not wish to recover the Equipment then you can either keep the Equipment or dispose of it in a suitable manner.

5.4 Once you take receipt of it, you are responsible for any damage or loss of Equipment, unless this is caused by our negligence or our contractor’s whilst installing, upgrading, or maintaining the Equipment or where the fault is caused by the Equipment during its normal operation.

5.5 Once you take receipt of it, you are responsible for ensuring that the Equipment is secure and protected from unauthorised interference or use by any other third party with access to your premises.

5.6 All Equipment supplied by us is provided with a 12-month warranty, subject to the exclusions in clauses 5.4, 5.5 and 6.4, that begins on the Service Commencement Date. Any eligible faults, subject to the aforementioned clauses and clause 10, arising with the Equipment during this period will be covered by the warranty at no extra cost, excluding engineering time or postage charges, where we send replacements by post or courier, and engineer visits, where required.

5.7 For applicable repair charges falling outside of the warranty, please our Price List.

5.8 For wireless connections that are damaged because of factors outside of our reasonable control, including but not limited to, electrical surges and damage, lightning damage, storm/wind damage, flood damage, acts of war or riots damage, then there may be a service fee to replace or repair the damaged Equipment. Please see our Price List for more details on the charge for a complete re-installation of a standard installation. This figure may be subject to change as our costs change and the price is quoted at the time of the service call.

5.9 We recommend that customers protect electrical and networking Equipment with an electrical mains surge protector and, where service reliability is critical, an uninterruptible power supply — typically in the form of a battery backup system (UPS). Surge protectors and battery backup systems are available from third-party retailers. We supply a UPS system to our At Risk Customers free of charge (please see clause 1.8 for more details).

Additional/Optional Equipment:

5.10 Customers can purchase from third parties additional/optional equipment, which includes but is not limited to network switches, but we shall have no responsibility or liability to you if you choose to use it in connection with our Service.

6. Your obligations

6.1 You agree that your usage of the Service will comply with Applicable Law, the Contract and all other applicable policies in force, from time to time, including (without limitation) our Fair and Acceptable Use Policy. You have sole responsibility for the content that you upload or download using our network. You are responsible for all acts by users (including minors) who have access your Service, whether authorised to use the Service or not. It is your responsibility to ensure that anyone using your account to access our Service agrees to use the Service in accordance with Applicable Law, the Contract, and all other applicable policies in force, from time to time.

6.2 You are responsible for keeping your security information (such as account details and passwords) safe. Please tell us immediately if you become aware that your security information has been compromised in any way or discover any unauthorised use of the Service through your account.

6.3 You must provide accurate information to us and ensure that this information is always kept up to date and accurate. You can update the information we hold for you by contacting Customer Support.

6.4 You must comply with any instructions we or our authorised contractors or agents give to you in relation to the use, maintenance and/ or repair of the Service or our Equipment. Failure to do so, may result in further faults with your Service or Equipment, or the voiding of the manufacturer’s warranty. Charges may also be payable should we be required to visit your Property to resolve the issue and/or replace Equipment – please see the Price List for details.

6.5 If you choose to use your own Equipment, you are responsible for ensuring that your Equipment and software is compatible with our Service, complies with all applicable laws and standards and that you have any necessary licenses before you use it to connect to our network.

6.6 You agree to indemnify us against all losses, liabilities, costs (including legal costs) and expenses which we may incur as a result of any third party claims against Wessex Internet arising from, or in connection with your misuse of the Services or breach of the Contract.

6.7 You agree to pay in full and on time, all amounts due to us (without deduction or withholding except as required by Applicable Law). In the event that you dispute a Charge, please follow the process at clause 7.7.

6.8 You, and anyone authorised by you to use the Service, must not use the Service in breach of the Fair and Acceptable Use Policy.

6.9 We reserve the right (and without notice to you) to: a) review, record or check your use of the Service, to ensure compliance with your obligations under the Contract and in accordance with Applicable Law, or where ordered to do so by any court or other body or authority; b) block any emails passing through our network that have the characteristics of SPAM email. We may contact you to inform you if your emails have been classified as SPAM and any spamming; and/or c) in the event that we have reasonable grounds for suspecting that you have breached the Contract, suspend your Service in accordance with clause 11.7.

  1. Charges and Payment

7.1 The bill/invoice for the Services we supply to you will be sent by email on the 1st of each month.

7.2 Direct Debit is our required means of receiving regular payments. We also take payments by BACS, CHAPS, credit card or fast payment for one-off Charges only. Payment will be taken on or around the 16th of the month.

7.3 Payment of all Charges must be in UK Pound Sterling.

7.4 For all payment methods except direct debit your Wessex Internet account number must be included in the reference field making payment.

7.5 If your bank account or card details change you must notify us immediately to ensure continuity of your service and so that they are updated on the system. It is possible to change the bank account details (Direct Debit payment customers) and debit or credit card details that are registered to your account.

7.6 Charges for the Broadband Service will be collected monthly in advance, whilst any one-off fees will be billed at the time when they are incurred. Full details of the Charges which may be payable under the Contract can be found in our Price List.

7.7 If you think there has been a mistake with your bill, you may raise a billing dispute by emailing us at: accounts@wessexinternet.com. You must do this within 10 days of receiving the relevant bill. In the event that you do not challenge a bill, you are required to pay your bill in full, without any set off or deductions.

7.8 We may charge you interest if you do not pay us the relevant Charges in full by the due date. Interest on late Charges will be payable at the rate of 2% above the Bank of England base rate until full payment is made.

7.9 In the event of us not receiving full payment for Services provided, we will work positively with you to try to resolve the situation, but we reserve the right to suspend or cease your Service and take any steps necessary to recover the amount due (including any interest and the costs incurred collecting the funds owed).

7.10 All prices shown on our website and promotional material are exclusive of VAT. In any event you are liable to pay VAT on all Services provided at the prevailing rate.

7.11 You can ask us to change your contact information and other details associated with your account at any time. However, where you request such changes frequently or require our staff to spend a significant amount of time dealing with your request, we reserve the right to charge you a reasonable administration fee — details of which can be found in our Price List.

8. Upgrades/downgrades and changes to Service provision

8.1 You may choose to upgrade or downgrade your Service during the Contract in accordance with this clause 8 if your needs or requirements change.

Upgrades during your Minimum Term

8.2 You can request to upgrade your Service (for example, increase your transmission speed) by calling Customer Support. We will accept such requests, so long as our network capacity permits it, and complete the upgrade as quickly as we can.

8.3 You will be responsible for paying the new increased charges from the agreed date of the upgrade.

8.4 Where you request an upgrade during an existing Minimum Term, it will result in a new Minimum Term starting (of the same duration as the original, unless we agree otherwise), and you will be responsible for paying the increased Charges for the duration of the new Minimum Term, unless otherwise agreed with us.

Downgrades during your Minimum Term

8.5 You may request a downgrade of your Service during your Minimum Term (e.g., to reduce transmission speed). Whether we agree to the request is at our absolute discretion, taking into account all the circumstances. If the request is granted then a new Minimum Term will begin in respect of the downgraded Service.

Upgrades/downgrades when you’re outside your Minimum Term

8.6 As detailed at clause 11.4, if your Contract continues after your Minimum Term because you have not notified us of your wish to terminate or enter a further Minimum Term, your Contract will change to a rolling monthly arrangement and we will bill you accordingly.

8.7 Should you wish to upgrade or downgrade your Service on a rolling monthly contract, you will be required to give us at least 30 days’ notice of this request in writing or by telephoning Customer Support. We will liaise with you to confirm whether we can give effect to your request and, if so, what the changes are, any associated change to the Charges, when the change will be implemented and any other relevant details.

Upgrades imposed by Wessex Internet

8.8 We may at any time change your Service from one based on wireless technology to one based on full fibre technology as we expand our full fibre Network Footprint. In these cases, you will always receive the same or better performance and functionality from the amended Service as you received with the previous Service.

9. Security

9.1 You may be provided with passwords to access software within the Equipment provided to you or you may be requested to set appropriately robust and secure passwords yourself. You are responsible for ensuring that any user ID and/or password remain confidential so that your account cannot be used by any unauthorised person. You are responsible for taking all reasonable steps necessary to prevent a third-party obtaining access to the network.

9.2 If you connect the Service to your Local Area Network (LAN), you are responsible for ensuring that the LAN does not adversely affect our Equipment or network. You are responsible for your LAN including all aspects of its configuration including but not limited to, routers, wireless access points, firewalls, computers, tablets and phones. You are also responsible for your devices and other devices that may connect to your LAN with or without your knowledge. Our demarcation point with your LAN shall be the Ethernet port on the power supply of the Customer Access Radio for wireless connections and either (i) the fibre media converter Ethernet port for fibre optic connections or (ii) our network switch. This will be made clear to you in the relevant Contract documents.

10. Equipment and network maintenance

10.1 From time to time, we or our suppliers may need to repair, replace, maintain or upgrade Equipment or any core infrastructure on the network to improve the network performance, reliability or features, or allow new components to be integrated into the network. On some occasions, this may require us needing to upgrade Equipment at your Property.

10.2 If we require access to you Property, we will contact you to arrange an appointment to attend your Property. If we are unable to gain access in a timely manner (defined as being 10 calendar days from first notification) for this purpose, we cannot accept responsibility for subsequent outages, faults, or downtime associated with your Service caused by our inability to perform the work we sought to undertake.

10.3 Where we schedule planned maintenance works on the network, we will make every reasonable effort to notify you (usually by telephone but it may instead be by email) to give you prior notice of the works so that you are aware of the potential disruption when the maintenance occurs. We will give you 10 Business Days’ notice of planned maintenance works (unless a shorter timeframe is agreed with you)..

10.4 Maintenance windows for standard maintenance are usually between 23:01 and 06:00 UK local time, although we may need to conduct works during Business Hours in some instances.

10.5 Where we need to conduct emergency maintenance works, we are unlikely to be able to provide you with prior notice. We will always make best efforts to advise you of the works being undertaken as quickly as we can.

10.6 We will use our reasonable efforts to minimise the potential impact to your Service associated with any maintenance we carry out.

11. Cancellation, Termination and Suspension

11.1 The Service shall be provided to you for an initial Minimum Term, as set out in clause 1.2. In the event that you seek to cancel your Service and/or end your Contract with us during the Minimum Term for any reason (except our material breach), you are required to give us 30 days’ notice and you will be required to pay Early Termination Charges.

11.2 30 days before the expiry of your Minimum Term, in accordance with our regulatory obligations, we will send you an End of Contract Notification which will include (without limitation) the date upon which your Minimum Term expires, details of your current Contract (including your current monthly subscription Charges), information about other Service packages you could buy from us at the end of the Minimum Term, how you can cease your Service if you wish to move to another provider.

11.3 In the event that you decide that you wish to terminate your Contract at the end of the Minimum Term, you will be required to give us 30 days’ notice. Please be aware that where you provide us with notice to terminate after receipt of the End of Contract Notification, the earliest your Contract will end will be the date upon which the Minimum Term expires. You will not be required to pay any Early Termination Charges where your Minimum Term has expired.

11.4 If you have not notified us that you wish to terminate or enter a further Minimum Term, at the end of your Minimum Term your Contract will change to a rolling monthly arrangement. If your Contract changes to a rolling monthly arrangement, either party may terminate the Contract at any time on 30 days’ notice and no Early Termination Charges will be payable. If the rolling monthly Contract continues for a 12-month period after the Minimum Term, or for a longer period after that, we will send you an Annual Best Tariff Notification every 12 months, which will outline alternative packages and deals you may wish to purchase from us.

11.5 In the event that you decide to cancel your Service with us, you will be responsible for finding another service provider who can provide you with services. If you fail to arrange an alternative provider, you may be left without any broadband services.

11.6 If you are moving address and your new address is in an area that’s covered by our Network Footprint, we will try to arrange to move the provision of your Service to your new address. In this situation you may be required to pay a new activation fee (please see our Price List for details).

Suspension

11.7 Subject to clause 11.8, we may suspend any or all parts of your Service with immediate effect where:

a) You (or others permitted to use your Service) engage in conduct that is in breach of your obligations under the Contract, including misuse of the network;

b) You become bankrupt, insolvent, or enter any arrangement with your creditors;

c) You are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally or inappropriately towards our staff or contractors or network equipment;

d) You have missed payments owed to us and we have been unable to resolve the situation with you in accordance with clause 7.9;

e) We have reasonable grounds for suspecting fraudulent or unlawful activity; and/or

f) We are required to comply with any instruction, order, or request of the Government, a regulator or any other competent authority.

11.8 Where we seek to exercise our suspension rights because of your suspected breach of this Contract, and that suspected breach or its effect is particularly serious, we may suspend your Service with immediate effect. In all other cases, we will first give you a written warning that you have breached the Contract and give you up to 7 days to remedy the breach. If the breach is not remedied within that time then we will suspend your Service.

11.9 Where we suspend your Service in accordance with clause 11.7, and you demonstrate to our reasonable satisfaction that you have taken steps to remedy the reason for the suspension and to prevent its reoccurrence, we will restore the Service to you.

11.10 Where we suspend your Service in accordance with clause 11.7, and you are unable to demonstrate to our reasonable satisfaction that you are likely to be able to address the cause of the suspension and prevent its reoccurrence, we may terminate your Contract for the Service with immediate effect (regardless of whether the Minimum Term has expired).

11.11 We will act reasonably and in good faith at all times in connection with any right to suspend we have under the Contract. Charges, Early Termination Charges and Equipment following suspension/termination

11.12 Where your Service is suspended, you will still be required to pay the Charges due on your account for the duration of the suspension. Where the Contract is terminated due to your material breach and the Minimum Term has not expired, you will be required to pay Early Termination Charges as set out in the Price List.

11.13 We may recover the Equipment at the end of the Contract in accordance with clause 5.3.

12. Liability

12.1 Nothing in this Contract will limit or exclude any liability we may have to you for:

a) death or personal injury as a result of our negligence or that of our agents, employees or sub-contractors;

b) fraud or fraudulent misrepresentation; and/or,

c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

12.2 Notwithstanding clause 12.1, we are not liable to you, or any other person who uses the Services, including in cases of our own negligence, and even if we have been advised of the possibility of such losses for any of the following:

a) Loss of profit, contract, business, opportunity or anticipated savings (in each case whether direct or indirect);

b) Loss of goodwill or reputation (whether direct or indirect);

c) Special, indirect or consequential loss;

d) Damage to or loss of data or other information (whether direct or indirect); or

e) Interrupted communications (whether direct or indirect);

f) Any fault on or damage to the Equipment caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions, the Contract or other usage instructions;

g) Any use of the Service, or content accessed, sent or received using the Services, nor for any charges incurred from a third party, or any transactions entered into through us, unless caused by us;

h) Your use of any other internet services on the world wide web, using the Service;

i) A delay or failure by us to provide any element of the Service (or any other obligation under the Contract) where such a delay or failure is caused by events outside our control, including, without limitation: act of God, natural disaster, lightning, flood, subsidence, earthquake, weather conditions, epidemic, pandemic, fire, explosion, war, civil disorder, acts of terrorism, something beyond the reasonable control of its suppliers, industrial disputes, acts or omissions of local or central government or other competent authorities, or acts or omissions of parties for whom we are not responsible, change of Applicable Law or any other cause whether similar or dissimilar that is outside its reasonable control;

j) Any loss or damage caused by viruses or unauthorised use of the Services, or your computer or other electronic devices connected to the Services;

k) Your use of any Equipment that we have not supplied to you for use with the Services; and/or,

l) Any loss or damage caused by the Equipment (including the router, or network equipment) or anyone from us or our sub-contractors or partners to the extent that such loss was caused by your breach of the Contract (including related policies).

12.3 Without affecting clauses 12.1 and 12.2, and paragraph 2.1 of Annex 1, to the extent we incur liability under or in connection with the Contract, our entire liability to you in contract, tort (including negligence) or otherwise for any one event or a series of connected events shall be limited to 100% of the Charges for the relevant Services (excluding VAT) during the relevant period when the liability arose or existed.

12.4 To the fullest extent permitted by Applicable Law, we exclude all terms implied by Applicable Law that are not expressly set out in the Contract including, without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. Your statutory rights are unaffected.

13. Changes to this Contract, Service and Charges

13.1 We can at any time, without notice and without your consent, make changes to any of the terms of this Contract, to the Service or the Charges for the following reasons:

a) To implement changes to Applicable Law that requires us to make changes to the Contract or the Service, including how they might be presented to you; or

b) Is of a purely administrative nature that has no negative effect on you. This might include things like improving the security and operation of the infrastructure that we use to provide the Service to you; or

c) We introduce new aspects or features to the Service, provided the change operates exclusively to your benefit and does not involve us changing the Charges payable by you during your Minimum Term.

13.2 We may also at any time make changes to the Contract, the Service or the Charges (excluding Call Tariffs) for any reason other than those listed in clause 13.1. However, where we do this:

a) We will give you at least 30 days’ notice of the changes that we intend to make. Changes will be posted on our website and we will also notify you via email; and

b) If you are not happy with the proposed change, you may terminate your Contract without penalty within 30 days of us notifying the proposed change to you. This applies even if your Minimum Term has not yet expired. You will still be liable for any Charges associated with your Service and Contract up to the point of termination. We will also inform you of your termination rights when we give the relevant notice to you.

13.3 Where we make a change to the Contract, Service or Charges under clause 13.1(a) above, including changing the rate of VAT or other applicable taxation charge, you will not be entitled to terminate your Contract without incurring Early Termination Charges.

13.4 We may change any of our policies (such as our Fair and Acceptable Use Policy or Privacy Policy) from time to time. You should check the relevant policies on our website periodically. Please note that your continued use of the Service after any change will mean that you have accepted the updated version of the relevant policy.

14. Use of your information

14.1 In order to manage your account, and provide your Service to you, we will need to collect and hold personal information about you.

14.2 Please refer to our Privacy Policy https://www.wessexinternet.com/privacy-policy which sets out how we will use your personal information, what we will do with that information and how we will store it. Please note that we reserve the right to update our policies from time to time and we advise that you check our website from time to time for updates.

14.3 As set out in our Privacy Policy, we record all calls to and from our Customer Support, Sales and Onboarding teams for the purposes of training, monitoring and record keeping.

15. Disputes

15.1 We will always endeavour to provide you with the best service. However, in the event that you want to complain to us, we have a Complaints Policy which sets out the steps that you will need to take to submit a complaint. Details of the complaints procedure are set out at: https://www.wessexinternet.com/terms-and-conditions/complaints.

15.2 Our Alternative Dispute Resolution procedure provider is the Ombudsman Service – details of the service they provide can be found on their website at https://www.ombudsman-services.org.

16. Law and jurisdiction

16.1 This contract is governed by, and subject to, the laws of England and Wales, and both parties submit to the exclusive jurisdiction of the English courts.

17. Notices

17.1 Where you are required to give us notice under the Contract, unless otherwise specified, you will be required to do so via the email address that you have provided to us, via post or by telephoning Customer Support. This includes if you’re giving us notice during your Cooling Off Period.

17.2 We will give notices to you under and in connection with the Contract to your email address that you nominate from time to time. You are responsible for ensuring that the email address we have on record for you is current and up to date.

17.3 Any notice or communication sent by one party to the other party under or in connection with this Contract shall be deemed received by the other party as follows:

a) in the case of email, at 9:00 am on the next Business Day after transmission;

b) in the case of post, the second Business Day after posting.

18. General

18.1 The terms of this Contract constitute the entire agreement of the parties which supersedes all prior agreements and representations (unless fraudulent) and you acknowledge that that no reliance is placed on any representation made but not embodied in the Contract terms, save for those made fraudulently. We are not bound by, nor should you rely on, any oral representations or representations by any agent or employee of Wessex Internet, or by any third party.

18.2 The terms of this Contract apply to the exclusion of any other terms that you might seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

18.3 In the event of any conflict between the Contract, Price List, and any other document referred to in the Contract, the following order of precedence will apply: a) The Contract; b) The Price List; c) Any document expressly referred to in the Contract (and, in the case of any conflict between an Order Form and a corresponding Order Confirmation, the Order Confirmation will take precedence).

18.4 If either party fails to exercise a right they may have under the Contract, it does not mean that right is waived.

18.5 If any provision of this Contract is found to be invalid or unenforceable, the remaining terms will continue to apply in full force and effect.

18.6 The Contract is personal to you as the legal entity who entered into it. You may not assign the Contract without our prior written consent. We may assign or transfer this Contract or subcontract any of the Services at our discretion (acting reasonably).

18.7 The Contracts (Rights of Third Parties) Act 1999 will not apply to the Contract.

18.8 On termination of this Contract, any provision of which expressly or by implication is intended to come into or continue in force on or after termination of this Contract, shall remain in full force and effect.

18.9 On the termination of this Contract for any reason, shall not affect the accrued rights, remedies or obligations or liabilities of the parties existing at termination.  

Definitions and interpretation

  1. The following definitions used in these terms and conditions shall have the meanings given to them below:

‘Acceptable Use Policy’ means WI’s policy outlining the actions which customers are not permitted to take when using our Services.

‘Applicable Law’ means any relevant:

(a) law, statute, regulation, instruction, guideline, determination, designation or code of conduct having force of law of any governmental, supranational or other regulatory authority or agency of competent jurisdiction; and/or

(b) any term in any regulatory or governmental licence, authorisation, consent, permission, approval or guidance.

‘Annual Best Tariff Information’ means the information that Ofcom requires us to provide to customers whose Minimum Term has expired detailing the different deal and package options available at that time for our communications services.

‘At Risk Customers’ means, those customers whose health and/or personal circumstances mean that they depend on the emergency services to a greater extent than the majority of the population.

‘BDUK’ means Building Digital UK, the UK Government department which has responsibility for operating and administering relevant broadband installation funding schemes (and includes any relevant successor Governmental department or agency).

‘Business Day’ means a day that is not a Saturday, Sunday or public holiday in England.

‘Business Hours’ means the hours between 08.00 and 17.30 UK local time Monday to Friday, excluding English public holidays.

‘Broadband Service’ means the supply and connection to internet supplied in accordance with your Contract.

‘Charges’ means any charges which the Customer is liable to pay under this Contract for Services and Equipment and will be set out (as the case may be) on your Order Confirmation, bill/invoice or on our Price List.

‘Cookie Policy’ means the policy that applies to our use of internet cookies in connection with our website and Services.

‘Customer Access Radio’ means the radio device used to access the wireless-based Internet service. This may either be a dish-based radio, or a flat panel radio. It is typically installed outside the home or business.

‘Customer’, ‘you’ or ‘your’ means the person, body or corporate contracting Wessex Internet to supply the Service under this Contract.

‘Early Termination Charge’ means the charge that you will be required to pay in accordance with the Contract if you cancel your Service and/or terminate the Contract before the Minimum Term has expired. It comprises all applicable payable Charges for the relevant Service from the point at which the cancellation or termination occurs to the end of the relevant Minimum Term. The Early Termination Charge will not exceed the amount you would have paid for the relevant Service had the Minimum Term ran its course.

‘End of Contract Notification’ means the information provided by email that Ofcom requires us to send to you before the end of your Minimum Term. It will include a reminder of the date your Minimum Term ends, details on your Service and a reminder of termination rights and the application of Early Termination Charges.

‘Enterprise Ethernet Order Form’ means the order form used to order enterprise ethernet services from us in accordance with the process set out in clauses 3.4 to 3.7 inclusive.

‘Equipment’ means any physical equipment, hardware or products supplied by WI to the Customer as part of the Service such as Customer Access Radios, Wi-Fi access points, routers, modems and associated cables, fibre and filter(s).

‘Force Majeure Event’ means all or any of the circumstances set out at clause 12.2 (i), or any similar events or circumstances which are beyond the reasonable control of Wessex Internet.

‘Gigabit Voucher’ means a voucher made available from or through BDUK for any relevant broadband installation funding scheme that applies to the area in which your Property is located and for which you are eligible.

‘Minimum Term means the minimum contractual commitment period for the supply of the relevant Service. This will be made clear to you when you purchase the Service. Early Termination Charges may be payable in accordance with the Contract if the Service is cancelled or the Contract is terminated before the Minimum Term has expired.

‘Monthly Recurring Charges’ (or ‘MRCs’) mean the standard Charges you are required under the Contract to pay each month for the Service.

‘Network Footprint’ means the geographic area where we are able to supply our Services.

‘Our website’ means the Wessex Internet website available at www.wessexinternet.com, and the various subdomains of wessexinternet.com.

‘Property’ means the property at which any Equipment shall be installed and/or the Service shall be provided.

‘Service’ means the supply, connection and provision of the Broadband Service and / or other service we provide to you in accordance with the terms of the Contract.

‘Service Commencement Date’ means the date on which we activate and make the Service available to you so it can be used for the purpose for which it was intended.

‘Service Credit’ means a full or partial credit against any Charges for the Service as more particularly described in the SLA at Annex 1.

‘Site Survey’ means an inspection of the Customer’s premises carried out by a Wessex Internet engineer to ascertain whether it will be possible to install the Service at the premises.

‘SLA’ means Service Level Agreement as more particularly described in the SLA at Annex 1.

‘Vulnerable Persons Policy’ means our policy setting out the specific services and assistance that we offer to our customers whose circumstances may make them vulnerable.

  1. The following rules of interpretation shall apply to the Contract:

a. All headings are for convenience, have no legal effect and should be ignored when interpreting the Contract.

b. The singular includes the plural and vice versa; references to any gender include every gender; and references to persons include corporations, partnerships and other unincorporated associations or bodies of persons.

c. Any reference to a ‘clause’ is to a clause of these terms unless the context requires otherwise.

d. A reference to any provision of any Applicable Law will be construed as a reference to that provision or enactment as amended, re-enacted or extended at the relevant time.

e. References to ‘including’ and ‘include(s)’ shall be deemed to mean respectively including without limitation and include(s) without limitation.

f. The definitions contained in the Interpretation Act 1978 apply (unless a specific definition has been included or the context requires otherwise) in interpreting words and phrases used in the Contract.

g. When we use the words "writing" or "written" in the Contract, this will include email unless we say otherwise.

h. References to these terms or any other document are to these terms or that document as amended from time to time.  

Annex 1: Service Level Agreement for Enterprise Customers

1. Introduction and definitions

1.1. This Annex 1 to the Enterprise Terms sets out the SLA that shall apply to the relevant Service you order from us.

1.2. In this SLA, the following terms shall have the following meanings, and all other capitalised terms shall have the meaning assigned to them in the Enterprise Terms:

  • ‘Acknowledgement’ means written and timestamped confirmation from us that we have received your request for support in connection with an Incident;

  • ‘Core Network’ means any network infrastructure that we own or operate necessary for the supply and operation of the Service;

  • ‘Excused Outage’ means, in relation to the relevant Service, that it is subject to planned or emergency maintenance or upgrading by us or our supplier(s), or is affected by an Force Majeure Event, or is caused by any specific reconfiguration you request or authorise;

  • ‘Incident’ means a fault or other problem affecting the Service resulting in Service Unavailability (for reasons other than an Excused Outage) that falls within one of the following categories defined in this Annex: ‘Service Down’, ‘Service Severely Degraded’ or ‘Service Degraded’;

  • ‘Incident Target Resolution Time’ means the time by which we commit under this SLA to Resolve an Incident as set out in paragraph 2.2 of this Annex;

  • ‘Parked Time’ is time that is excluded from the period between the Acknowledgement and the Resolution and consists of all and any of the following: o Time we spend waiting for you to respond to a request for information without which further action to Resolve the Incident cannot be taken (determined by us, acting reasonably); o Time we spend waiting for you to comply with our reasonable instructions (including, but not limited to, giving us access to the relevant site on reasonable request).

‘Resolution’ or ‘Resolved’ shall have the meaning given to it in paragraph 2.15 (and ‘Resolve’ will be construed accordingly);

‘Service Credits’ mean the remedy available to you for a Service Level Failure as set out in paragraph 4 of this Annex;

‘Service Levels’ mean the Service Uptime Commitment and/or the Incident Target Resolution Time (as the case may be) as detailed in this Annex;

‘Service Level Failure’ means where we fail to achieve a) the Service Uptime Commitment because of an Incident, and/or b) the Incident Target Resolution Time (as the case may be);

  • ‘Service Uptime Commitment’ means the percentage of time specified across a calendar month for which the Core Network is available and operating normally as contemplated by the Contract, as set out in paragraph 2.2 of this Annex;

  • ‘Service Unavailability’ means where the Service is unavailable for you to use as intended under the Contract during the relevant calendar month because of an Incident;

  • ‘Support Ticket’ means the exchange of a support ticket via email between the Customer Support team and you, identifiable by a case reference number;

  • ‘Troubleshooting Measures’ has the meaning given to it in paragraph 2.5.

2. Service Level commitments

2.1. We shall provide the relevant Service so that it meets the relevant Service Levels as detailed in this paragraph 2. Where we fail to do so, we shall issue to you the relevant Service Credits as specified in paragraph 4 below. You acknowledge and agree that there are no Service Levels (or Service Credits) in respect of delayed or late provisioning or installation activities of a relevant Service.

2.2. The Service Levels are as follows:

Wired Ethernet circuits

  • Service Uptime Commitment (measured across a full calendar month): 99.85% (subject to paragraph 2.3 below)
  • Incident Acknowledgement target: 2 hours
    • Incident Target Resolution Time measured in hours starting from the Acknowledgement, excluding all Parked Time: Service Down: 6 hours from notification by customer. Service Severely Degraded: 6 hours from notification by customer. Service Degraded: 48 hours from notification by customer

Wireless Ethernet services

  • Service Uptime Commitment (measured across a full calendar month): 99.85% (subject to paragraph 2.3 below)
    • Incident Acknowledgement target: 2 hours
  • Incident Target Resolution Time measured in hours starting from the Acknowledgement, excluding all Parked Time: Service Down: 6 hours from notification by customer. Service Severely Degraded: 6 hours from notification by customer. Service Degraded: 48 hours from notification by customer

Impact Definitions used in the Service Levels

  • Service Down: Service is fully offline and unable to be used due to an issue with the Wessex Internet network beyond the control of the customer.

  • Service Severely Degraded: Service is available, but degraded to the point of not being usable in a way contemplated by the Contract, e.g. severe packet loss, connection dropouts, or speeds lower than 10% of those advertised for the relevant package.

  • Service Degraded: Service is available and usable, with less than 2% packet loss, and speeds greater than 10% of those advertised for the relevant package.

2.3. The Service Uptime Commitment that applies to your Service will be made clear to you when you purchase the Service and will appear on your Order Confirmation or associated documents.

2.4. We shall use our reasonable endeavours to operate the WI Core Network at the following levels (save for all Excused Outages), but our response commitments in response to any failure to achieve these levels instances shall be limited to remedying the issue in a reasonable period and it shall not constitute a Service Level Failure and no Service Credit or other remedy shall be available to you: a) Less than 20ms latency; and b) Less than 10ms jitter.

Reporting an Incident and our response

2.5. Before reporting a suspected Incident, you must take reasonable steps to troubleshoot possible issues as set out in paragraphs 2.6 to 2.8 inclusive that might be affecting your network and equipment (‘Troubleshooting Measures’). We reserve the right (acting reasonably) to bill you for our reasonable costs incurred from wasted diagnostic and repair time where you are unable to demonstrate you have performed Troubleshooting Measures and it is ultimately determined that the fault was not in or associated with our network or equipment.

2.6. In all cases, you must perform the following initial checks: a) Confirm wiring and power connections to media convertor / ONT (NTE device) are in good working order and correctly inserted; b) Check if the connection from the NTE device to your device is to the correct port; and c) Check that all your equipment through which you are trying to use the Service is correctly configured and updated to the latest firmware from the equipment manufacturer.

2.7. Where the suspected Incident relates to speed of the Service: a) You must: i. Try connecting a hardwire connection directly to the device (ensuring all other customer devices are turned off) and undertake a speed test to an appropriate server with a capability that exceeds the service data rate; ii. Check the number of devices connected and the age / firmware version of those devices; iii. Check that the age and capability of any relevant wireless device exceeds the line speed; and iv. Unplug any custom configured network extensions within your Property such as wireless extenders or mesh devices and retest the circuit.

b) Please note: i. You should be aware that the capacity of even high-end devices may limit the speed test results, as they may not be able to see results over 300mbps. Lines with higher speeds should be tested by aggregating the results of a number of devices that have been speed tested concurrently; and ii. WIL is not responsible for the speeds of routes outside its network.

2.8. Where the suspected Incident concerns an outage: a) Where appropriate, check the IP address, subnet mask and default gateway via a command line prompt; b) Check your firewall policies; c) Where you are responsible for configuration of the connected equipment, check that your router configuration matches the instructed configuration; d) Check that no connection has been made from the Service through to another internet connection (such as old copper service) causing a routing loop.

2.9. If the problem comprising the suspected Incident remains after completing the relevant Troubleshooting Measures you may report it to us via the following process:

2.9.1. by raising a Support Ticket through our website at: https://www.wessexinternet.com/help-and-support/

2.9.2. by emailing our advertised support email address, with the service ID in the email title (which can be done 24 hours a day, 7 days a week); or

2.9.3. by phoning us on 0330 222 0377 during the hours of 08.00 to 18.00 on Business Days and 09.00 to 17.00 on weekends (excluding public holidays)

2.9.4. by phoning us on the number provided to you for out of hours support when your order is accepted and you become a live customer.

2.10. Our network operations centre team manage the network and provide enterprise SLA support on a 24/7x365 basis. You should ensure we have the correct telephone numbers you will use to contact us as this will ensure your calls are correctly routed by our systems.

2.11. When you report an Incident, you must explain the circumstances of the suspected problem and give sufficiently detailed information so that we can investigate the problem. You must also confirm that you have undertaken the Troubleshooting Measures prior to contacting us.

2.12. Once you have notified us of an Incident in accordance with paragraph 2.9, we will:

2.12.1. Categorise the Incident according to paragraph 2.16 determined at our sole discretion (acting reasonably). The category we assign will be kept under review during the course of our investigations and we may amend the category where appropriate (acting reasonably). Problems affecting the Service that do not fall within one of the categories in paragraph 2.16 are outside the scope of this SLA;

2.12.2. Promptly send to you a Support Ticket featuring a unique case number (‘Acknowledgement’); and

2.12.3. Commence an investigation and identify possible solutions to achieve a Resolution.

2.13. When reporting the Incident, if you fail to provide information in sufficient detail, we will notify you if we cannot investigate the problem and the Incident will enter Parked Time until the information we request has been provided.

2.14. After the Acknowledgement is issued, we will use our reasonable endeavours to resolve the Incident as quickly as reasonably practicable.

Incident Resolution

2.15. An Incident comes to an end when we determine at our sole discretion (acting reasonably) that the problem comprising the Incident has been fixed or has otherwise been resolved (‘Resolution’ or ‘Resolved’).

2.16. We will use our reasonable endeavours to resolve Incidents in accordance with the relevant target Resolution times set out in paragraph 2.2.

2.17. All time periods specified in the table above refer to minutes or hours (as the case may be).

2.18. We will use our reasonable endeavours to provide you with regular progress updates for the Incident while a Resolution is pending.

3. Exclusions to SLA provisions

3.1. This SLA shall not apply to any Incident (or other failure or problem affecting the Service, including speed degradation or intermittent faults) to the extent it is caused by any of the following:

a) A failure of your relevant equipment or that which is owned or operated by a third party not connected to us;

b) A failure in local access facilities connecting you to our network that is not provided by us;

c) An Excused Outage;

d) Any act or omission of yours or a third party (such as your agents, contractors or vendors), including without limitation:

i. Failing to provide us with an onsite contact and/or adequate access to the relevant site; ii. Failing to take any remedial action in relation to a service as recommended by WI, or otherwise preventing WI from doing so; or iii. Which materially affects our ability to provide the Service in a way the meets the Service Levels;

e) Your negligence or wilful misconduct, which may include failure to follow agreed upon procedures or our reasonable instructions;

f) Any act or omission of any unrelated third party which is beyond our reasonable control which shall include, without limitation, a third party fibre cut;

g) Any scheduled maintenance or emergency maintenance; or

h) Disconnection or suspension of the Service in accordance with the Contract.

i) Issues related to WiFi performance outside of the reasonable control of Wessex Internet.

4. Service Credits 4.1. Subject always to paragraph 4.2, the following Service Credits shall apply to the following types of Service Level Failure:

(a) Service Uptime Commitment

Failure to achieve the Service Uptime Commitment (excluding all Parked Time)

  • Up to 7 clock hours: Wired Ethernet Service, 5% of MRCs. Wireless Ethernet Service, 5% of MRCs

  • Between 7 clock hours and 24 clock hours: Wired Ethernet Service, 10% of MRCs. Wireless Ethernet Service, 10% of MRCs

  • 25 clock hours and above: Wired Ethernet Service, 15% of MRCs. Wireless Ethernet Service, 15% of MRCs

(b) Incident Target Resolution Time

Failure type 1. Failure to achieve the Incident Target Resolution Time set out in para 2.2 above, up to 24 hours starting from the Acknowledgement (excluding all Parked Time): Service Credit applicable, 10% of MRCs

  1. Ongoing failure to Resolve the Incident beyond 24 hours up to 48 hours starting from the Acknowledgement (excluding all Parked Time): Service Credit applicable, 20% of MRCs

  2. Ongoing failure to Resolve the Incident for each 24-hour period beyond 48 hours starting from the Acknowledgement (excluding all Parked Time): Service Credit applicable, 20% of MRCs

4.2. In no event will Service Credits in any calendar month exceed 100% of the total Monthly Recurring Charges you pay for the relevant Service in that month.

4.3. Service Credits shall be your sole and exclusive remedy for Service Level Failures.

Claiming Service Credits

4.4. You must request a Service Credit in writing by contacting the Customer Support team within 15 Business Days of the relevant Service Level Failure . Any claim for Service Credits after this time will be refused.

4.5. Any claim for a Service Credit must be supported by evidence of relevant Support Tickets which fully substantiate the nature and duration of the Incident being claimed, as well as the Troubleshooting Measures undertaken prior to contacting us.

4.6. Service Credits will be paid one month in arrears in the form of a credit note which can only be used in respect of the future provision of the Service and they may not be converted or exchanged.

4.7. You have 30 days to query any Service Credit issued. If you do not raise a query concerning Service Credits during this time, you will be deemed to have accepted the relevant Service Credit and to have waived any further right to query them in relation to the relevant Incident.

4.8. We may correct any inadvertent payment of Service Credits by deducting their application in a subsequent invoice.