Terms and Conditions for Residential and Small Business 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, the Contract Summary and the Contract Information. Together these documents 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, the Contract Summary and Contract Information 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 broadband internet access, functionality to improve the Wi-Fi reception you receive at your Property, and a telephone service.
1.2 The Broadband Service: is available at various transmission speeds, as described on our website. The Charges that will be payable by you for the Broadband Service will vary depending on the speed that you purchase.
1.3 The Telephone Service: can be used to make and receive telephone calls to/from domestic and international telephone numbers (including premium rate services), and to call emergency services using 999 or 112.
We offer a variety of different Telephone packages, as set out on our website. The Charges payable for these different packages will vary depending on what package you purchase.
1.4 We offer differing Minimum Terms for different Services which range from 12 months to 18 months. Further details of these products can be obtained from our website or by calling Customer Support. The Minimum Term that applies to the Service you buy, and when the period starts from, will be made clear to you in the Contract Information, the Contract Summary and on the Order Confirmation. 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 3.8, but for some Services the Minimum Term may start later when the Service is activated.
1.5 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.
1.6 In the event that there is a fault, we will endeavour to resolve the fault as quickly as we can, but in some circumstances the resolution can be delayed by circumstances beyond our control. In those situations, we will keep you updated regularly as to when the fault will be resolved.
1.7 Use of the Broadband Service: If you are a Small Business Customer, or we reasonably believe you are using the Broadband Service for purposes associated with a business or organisation, and we consider (acting reasonably) that that usage has become extreme and excessive so it places an unreasonable and disproportionate burden on our network and/or the services we provide to other customers, we reserve the right to take reasonable action. Further details on what constitutes extreme or excessive can be found in our Fair & Acceptable Use Policy. The action we can take in these situations might involve us contacting you to understand your usage, asking you to moderate or amend your usage, or, where appropriate, moving you to a more suitable Enterprise package subject to our Enterprise Terms and associated Charges. These rights are in addition to our suspension and termination rights set out in clause 12.
1.8 Certain Broadband Packages you may order come with a fix-commitment and the right to compensation. Full details are set out in Annex 3.
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).
2.2 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 and 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 or between 10am and 4pm on Saturdays 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.
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 order Services and Equipment from us through our online store on our website (‘online sales’), 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 online sales, you can follow the on-screen process to complete your order of Services and/or Equipment;
b) For telesales, our sales representative will complete on your behalf an Order Form to order Services and/or Equipment, and send you a copy to sign (either electronically or in paper form);
c) For in-person sales, either you or our sales representative on your behalf will complete an Order Form to order Services and/or Equipment and you’ll be asked to sign it (either electronically or in paper form).
3.5 Where the work to provide full fibre to your Property will result in us incurring non-standard installation charges of more than £200 + VAT, we will prepare and send to you a Custom Build Quote. Custom Build Quotes are accompanied by an associated Order Form which you can complete to order Services in accordance with the Contract.
3.6 In all cases we will provide you with the Contract Information and the Contract Summary — which will be sent to you through Weaversign. If you do not currently have an email account or have accessibility requirements, then please notify Customer Support who will provide you with the relevant documentation in a suitable format. We will also send you (or display to you on-screen in the case of online sales) 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.
3.7 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.
3.8 When we have processed your order, we will send you an Order Confirmation in the case of online sales or, in the case of telesales or in-person sales, a countersigned 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.
3.9 Our Services can only be supplied to an eligible address that matches the billing address for your chosen payment method, unless there is a reasonable explanation for the difference, and you must be at least 18 years old and a resident of the UK when you place your order with us.
3.10 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.
3.11 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 administration fee of £10 + VAT for each paper copy of their bill.
3.12 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.
3.13 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
3.14 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. 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.
3.15 More information on Gigabit Vouchers is available at https://www.wessexinternet.com/help-and-support/guides/vouchers-explained/
Order cancellations
3.16 Where you are a consumer, you have a 14-day window to cancel your Contract as specified in clause 8. Where you are a business, once the Contract has been formed in accordance with clause 3.8, you may only cancel your order for Services if you pay the relevant Early Termination Charge in accordance with clause 12.1. To request cancellation of your order, you should call contact us by email, post or by telephoning Customer Support.
3.17 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 3.8, 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 radio-based 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. 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. If the Property already has a fibre network termination (which most commonly occur where the previous occupier had a Wessex Internet service) then we will post a router to you and the accompanying step by step guide will provide you with the necessary information to activate and use it. If you need any assistance with this process you can contact Customer Support.
4.3 Telephone Equipment: We will send you the analogue telephone adaptor by post. You will need to plug this into your broadband router. Please be aware that you will be required to self-install the Telephone Service Equipment. Further information on installation, including an instructional video, can be found on our website at https://www.wessexinternet.com/wessex-telephone-set-up/.
4.4 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 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 802.11AC 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.
4.5 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.
4.6 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.
4.7 Our standard installations are completed though a ground floor wall, drilling externally into the property. We only provide bespoke installation work (for example using Cat 6 or loft installations) at our absolute discretion and subject to the charges set out in the Price List.
5. Equipment
5.1 We will provide you with Equipment if we provide you with Service:
(a) For the Broadband Service, we will provide you with the router and, where you choose to order our Total Wi-Fi Service, any additional Equipment associated with that Service;
(b) For the Telephone Service, we will provide you with an analogue telephone adapter. Please note that you will need to source your own telephone handset for use with the Telephone Service, and it will require a power source in order for the Telephone Service to work. Corded telephone handsets typically deliver the best and most reliable performance and should always be used instead of wireless handsets if you are an At Risk Customer. Other safeguards in respect of the Telephone Service are available if you are an At Risk Customer — please see Annex 1 for more details.
(c) For radio based 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 11, 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 radio-based 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 Annex 1 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 12.8.
7. 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. Your bill will also be available for you to view on the customer portal. Where you purchase both our Broadband Service and Telephone Service, we will set out the Charges relating to both Services in a single bill.
7.2 Direct Debit is our required means of receiving regular payments. We also take payments by BACS, CHAPS, cheque, 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, in your customer portal.
7.6 Charges for the Broadband Service will be collected monthly in advance, whilst one-off fees, overage charges and Charges for the Telephone Service will be collected monthly in arrears. 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 Telephone Service: The monthly inclusive call minutes that come with your Telephone Service (“Telephone Bundle”) will be made clear to you when you buy the Service. If you exceed your Telephone Bundle by £60 in a billing month (“Call Limit”), we will suspend your Telephone Service as a safety measure (although you’ll still be able to contact emergency services). If you would like to increase the threshold of the Call Limit, you will need to contact Customer Support either via phone or email. Subject to clause 1.5, we will have no liability or responsibility for fraudulent or unauthorised calls associated with your account that occur above and beyond the Call Limit. Calls to some or all international or premium rate numbers may be barred or charged at different rates — please refer to the Price List for details. If you need more information on making international calls and access to premium rate numbers, please refer to the Price List and/or contact Customer Support.
7.11 Residential Service: all prices shown on our website and promotional material are inclusive of VAT but our invoices show VAT payable as a separate item on each invoice.
7.12 Small Business Customers: 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.
7.13 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. Cooling Off Period
8.1 Subject to clause 8.2, where you buy a Service from us as a consumer, you have the right to cancel your Service within fourteen (14) calendar days of the service being activated, without incurring Early Termination Charges (the ‘Cancellation Right’). We refer to this 14-day period as the ‘Cooling Off Period’. This Cancellation Right does not apply where you bought the Service for use in a business or other organisation.
8.2 If you wish to cancel your Service during the Cooling Off Period, you must give us notice. This can be via email, post or by telephoning Customer Support using the details in the Contact Us section above, or by sending us a completed cancellation form available on our website. The notice must be received by us within the Cooling Off Period to be considered valid.
8.3 Even where you validly exercise the Cancellation Right during the Cooling Off Period, you must pay us for your use of the Service up to the point of cancellation/termination during this first 14 days, including any installation Charges or Service Charges. The installation charges may be covered by validating your Gigabit Voucher, if applicable, but you remain responsible for the Charges if your Gigabit Voucher is not validated for any reason. If you have paid for Services in advance, we will refund the excess of any such payments after the settlement of all of the outstanding Charges. Please also see clause 5.3 regarding the return of our Equipment.
8.4 The Cancellation Right is not available where the installation of full fibre will incur non-standard installation charges that are greater than £200+VAT, which will be made clear to you as part of a bespoke quotation to install full fibre to your Property ('Custom Build Quote’). The Custom Build Quote will also set out any special arrangements that apply, including any required deposit from you.
9. Upgrades/downgrades, changes to Service provision, and the social tariff
9.1 You may choose to upgrade or downgrade your Service during the Contract in accordance with this clause 9 if your needs or requirements change.
Upgrades during your Minimum Term
9.2 You can request to upgrade your Service (for example, increase your transmission speed or call bundle) by calling Customer Support or via the portal. We will accept such requests, so long as our network capacity permits it, and complete the upgrade as quickly as we can.
9.3 You will be responsible for paying the new increased charges from the agreed date of the upgrade.
9.4 Upgrades during the Minimum Term will not extend your initial Minimum Term, and you will be responsible for paying the increased Charges until the end of the Minimum Term.
Downgrades during your Minimum Term
9.5 You may request a downgrade of your Service during your Minimum Term (e.g., to reduce transmission speed or downgrade your call bundle). 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
9.6 As detailed at clause 12.4, 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.
9.7 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.
The social tariff
9.8 We offer to eligible customers a full fibre social tariff if you are a new or existing fibre broadband customer, and a wireless social tariff if you are an existing wireless broadband customer.
9.9 To be eligible for the social tariff package, you must be claiming one of the following (‘relevant benefits’):
Universal Credit (UC)
Pension Credit (PC)
Income-based Employment Support Allowance (I-ESA)
Income-based Jobseeker’s Allowance (I-JSA)
Income Support (IS)
9.10 You will need to provide a copy of a monthly benefits statement (dated within the last three months) showing your receipt of one of the relevant benefits in your own name that matches the name and address on your Wessex Internet account. Please note: the benefits must be paid to you as the Wessex Internet customer named on our records rather than to anyone else in your household. We reserve the right to carry out reasonable verification checks as to your receipt of relevant benefits.
9.11 You must notify us promptly in the event you are no longer eligible to receive relevant benefits. We will then liaise with you as to the most suitable alternative Wessex Internet package that you can move to.
9.12 Details of the social tariff package available to you (including the features and cost) will be as set out on our website at https://www.wessexinternet.com/social-tariff/ or in other promotional material from time to time.
9.13 The social tariff package has a 12-month Minimum Term for new customers, as well as for existing customers moving from another Wessex Internet package. For existing customers, any applicable downgrade fees otherwise payable under the Contract will be waived when you move to the social tariff package.
9.14 Before the end of the Minimum Term, you will receive from us an End of Contract Notification in accordance with clause 12.2, which will explain your options for when the Minimum Term ends and how to carry out your chosen action which will take effect at the end of the Minimum Term. When the Minimum Term ends:
(a) You may choose to reapply for the social tariff package and provide updated evidence of your receipt of relevant benefits, which will result in a new Minimum Term starting; or
(b) You may choose to apply for a different Wessex Internet package, subject to its own Minimum Term, or leave Wessex Internet by terminating the Contract in accordance with its terms; or
(c) If you do nothing and therefore do not provide updated evidence of your eligibility for the relevant benefits, you will be automatically moved to a Wessex Internet package that is the closest in cost to the social tariff package you previously received. In this event, you may then terminate the Contract at any time on 30 days’ notice or buy a new package from us subject to its own Minimum Term.
9.15 Clauses 9.8 to 9.15 will prevail over any inconsistent or conflicting provision in either clauses 9.1 to 9.7 or clause 12.
10. Security
10.1 You will be provided with a username and password to access our portal where you can access your account details and bills. You may also be provided with passwords to access software within the Equipment provided to you. 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.
10.2 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 radio based connections and the fibre media converter Ethernet port for fibre optic connections.
11. Equipment and network maintenance
11.1 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.
11.2 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.
11.3 Where we schedule planned maintenance works on the network, we will make every reasonable effort to provide prior written notice of the works by notifying you via email or text and placing a notice on our website at http://status.wessexinternet.com/. It is your responsibility to make sure you monitor our website status page and monitor emails so that you are aware of the potential disruption when the maintenance occurs.
11.4 You can sign up for text message, email and Twitter alerts, which notify you whenever the status page is changed. You can register for this by contacting Customer Support or using the Support request function on our website (https://www.wessexinternet.com/help-and-support/).
11.5 Maintenance windows for standard maintenance are usually between 23:00 and 06:00 UK local time, although we may need to conduct works during Business Hours in some instances.
11.6 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.
11.7 We will use our reasonable efforts to minimise the potential impact to your Service associated with any maintenance we carry out.
12. Cancellation, Termination and Suspension
12.1 The Service shall be provided to you for an initial Minimum Term, as agreed between you and us when you enter your Contract. 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.
12.2 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.
12.3 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.
12.4 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
12.5 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 telephone or broadband services.
12.6 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). If we are unable to move your Service to your new address, you will be not required to pay an Early Termination Charge in order for us to cease your Service, but, where possible, we would ask you to pass on the details of our service at your Property for the new residents.
12.7 Telephone Service: If you wish to migrate your Telephone Service to another provider and keep your phone number, your new provider will arrange for the porting of the telephone number. We keep the number live for 30 days in order for this process to be completed.
Suspension
12.8 Subject to clause 12.9, 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.
12.9 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.
12.10 Where we suspend your Service in accordance with clause 12.8, 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.
12.11 Where we suspend your Service in accordance with clause 12.8, 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).
12.12 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
12.13 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.
12.14 We may recover the Equipment at the end of the Contract in accordance with clause 5.3.
13. Liability
13.1 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.
13.2 Notwithstanding clause 13.1, 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).
13.3 Without affecting clauses 13.1 and 13.2, 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.
13.4 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 as a consumer are unaffected.
14. Changes to this Contract, Service and Charges
14.1 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.
14.2 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 14.1. 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.
14.3 We may amend Call Tariffs periodically and details of any such change will be published to the relevant page of our website.
14.4 Where we make a change to the Contract, Service or Charges under clause 14.1(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.
14.5 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.
15. Use of your information
15.1 In order to manage your account, and provide your Service to you, we will need to collect and hold personal information about you.
15.2 Please refer to our 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.
15.3 As set out in our Privacy Policy, we record all calls to and from Customer Support for the purposes of training, monitoring and record keeping.
16. Disputes
16.1 We will always endeavour to provide you with the best service. However, in the event that you want to complain to us, we have 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/.
16.2 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.
17. Law and jurisdiction
17.1 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.
18. Notices
18.1 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.
18.2 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.
18.3 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.
19. General
19.1 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.
19.2 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.
19.3 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).
19.4 If either party fails to exercise a right they may have under the Contract, it does not mean that right is waived.
19.5 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.
19.6 The Contract is personal to you. 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).
19.7 The Contracts (Rights of Third Parties) Act 1999 will not apply to the Contract.
19.8 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.
19.9 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
- 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 09.00 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.
“Call Tariffs” mean the rates we charge you on a pence per minute basis for calls you make using our Telephone Service, details of which are set out at https://www.wessexinternet.com/for-home/wessex-telephone/ and for international call charges https://www.wessexinternet.com/help-and-support/do-you-charge-for-international-calls/.
‘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
‘Contract Information’ means the information that Ofcom requires us to share with you before you enter into a contract with us. This includes a description of the services, information relating to the subscription price payable, duration, termination, delivery of the service, security, complaints handling and your right to cancel.
‘Contract Summary’ means a brief description of the key information that Ofcom requires us to share with you before entering a contract, which includes information relating to the Services and Equipment, price, duration and termination, features for end users with disabilities.
‘Cookie Policy’ means the policy that applies to our use of internet cookies in connection with our website and Services.
‘Custom Build Quote’ has the meaning given to it in clause 8.5.
‘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 Customer’ means a customer of WI who operates as a business or non-profit organisation with more than 10 employees or volunteers.
‘Enterprise Service’ means the Service WI provides to Enterprise Customers.
‘Enterprise Terms’ means the Contract terms on which WI provides the Enterprise Service.
‘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).
‘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.
‘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.
‘Network Footprint’ means the geographic area where we are able to supply our Services.
‘Order Confirmation’ means the document we provide to you in accordance with clause 3.8 accepting your order and which specifies the relevant details of your order (such as what has been purchased, the price and the Minimum Term).
‘Order Form’ means the relevant form(s) issued by us which you can complete and return to us to place an order for Services and it may comprise part of a bespoke quotation we have prepared for you. The Order Form may include important details about your order such as things you must do, or must allow us or our suppliers to do, in order to be able to provide the relevant Services to you, and it may specify additional or standard Charges that are not contained on the Order Confirmation. When accompanied by a corresponding Order Confirmation, such provisions on an Order Form are contractually binding under the Contract.
‘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.
‘Residential and Small Business Customer’ means a customer of WI who either uses the Service a) as a consumer or b) as a business or non-profit organisation with no more than 10 employees or volunteers who regularly use the relevant communications Service (and the separate terms ‘Residential Customer’ and ‘Small Business Customer’ will be construed accordingly).
Residential and Small Business Service’ means the Service WI provides to Residential and Small Business Customers.
Residential and Small Business Terms’ means the Contract terms on which we provide the Residential and Small Business Service.
‘Service’ means the supply, connection and provision of the Broadband Service and / or Telephone Service 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.
‘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.
‘Telephone Service’ means the Service we provide to you which enables you to make and receive telephone calls to domestic and international numbers.
‘Total Wi-Fi’ means equipment to increase and extend Wi-Fi coverage within a Property.
‘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.
- 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 to the Residential and Small Business Standard Terms: Telephone Service
The terms in this Annex 1 apply only where you buy a Telephone Service from us.
The Telephone Service is available only to Residential Customers and it is not designed or intended to be used for business purposes.
Telephone Service availability
- Please note that:
(a) we provide our Telephone Service to you via your Broadband connection. This means that in the event of a power cut or Broadband Service failure, you will be unable to make or receive calls, including to emergency services. It is therefore recommended that you have a mobile phone (or alternative option to make/receive emergency calls) for use in the event of an emergency during a power cut. We are able to provide a backup battery for At Risk Customers who use our Telephone Service. You will need to contact Customer Support to request this service;
(b) emergency services will use our records for locating your fixed landline address in the event of an emergency. Therefore, it is important that our records are up to date. If you move Property and still use our Telephone Service, please let us know your new location by contacting our Customer Support team; and,
(c) the Telephone Service is not suitable for operating monitored alarm systems. You will need confirmation from your provider that the monitored alarm system can be operated using a Telephone Service provided via your broadband service (i.e., a SIP-based service). WI will not be responsible for any alarm systems which fail to operate on the Telephone Service.
Number porting
If you request to port your telephone number from your existing provider to us as part of taking our Telephone Service, we will use our reasonable endeavours to action your port request. Customers will need to complete an electronic order form in order to request a number port and you may be required to provide other information and sign a letter of authority. We will keep you informed of the progress of your port request. Please note that not all numbers can be ported to us. We will inform you if we are unable to port your number to us. We may charge you a fee to port your number in or out of our network — see our Price List for more details.
Where we accept and process your port request, your service will remain on your previous provider’s network until the port is completed, after which time you will be able to make and receive calls using our Service. We will email you once the port has completed.
It is essential that you do not cancel your existing service with your previous provider until you have received notification from us that the port has completed. If you cancel your existing service prior to the port completion your telephone number will be lost and cannot be recovered.
Porting compensation. Compensation may be available if your number port into WI is delayed. To be eligible for compensation:
(a) You must receive Telephone Service solely for use in your personal capacity (i.e. other than within a business context); and
(b) There must be a qualifying delay in porting your telephone number(s) to us (as explained below).
- Where we approve your request to port your number to us, we will confirm the scheduled porting date to you in advance (‘Porting Date’). A qualifying delay occurs where your number port is not activated because of something we have done (or have failed to do) within one Business Day of the Porting Date. If this happens, for each day by which the Porting Date is missed, we will pay you a sum as calculated below:
(Monthly subscription cost of Telephone Service x 12) / 365 days
For example, if the port was 4 days’ late being activated, and your monthly subscription cost was £25.00, you would be eligible for £25 x 12 ÷ 365 x 4 = £3.28
- Please note that the compensation is paid on a per order basis and not per number. Compensation will not be paid automatically. To enquire whether you are eligible for compensation, you should contact Customer Support within 30 days of the date on which the relevant number port was activated.
Number allocation and use
If you require a new number to use with your Telephone Service (instead of porting your existing number), you may select a number from a range provided by us.
Without affecting your rights relating to number portability set out under Applicable Law, you will not own any phone number we allocate to you or you port in, nor will you have any right to sell any such number.
An administration charge of £10 will apply if you would like the phone number linked to your Service to be changed after it is initially allocated or ported in.
Annex 2 to the Residential and Small Business Standard Terms: Total Wi-Fi Service
The terms in this Annex 2 apply only where you receive our Total Wi-Fi Service.
Our Total Wi-Fi Service is available only to Residential Customers who have ordered an eligible Broadband Service (and the eligibility of your package will be made clear to you when you purchase the Broadband Service).
Charges for the Total W-iFi Service are payable monthly in advance and will be set out on your Order Confirmation.
Our Total Wi-Fi Service provides a mesh Wi-Fi system consisting of your router supplied as part of your Broadband Service and a series of one or more (depending on the requirements you specify, up to a maximum of three) additional nodes (each a ‘Wi-Fi Node’), placed around your home. This mesh Wi-Fi system will automatically use the nearest Wi-Fi Node to the device you are using to ensure you have the fastest available speed.
We will own all Wi-Fi Nodes we supply to you as part of the Total Wi-Fi Services, unless otherwise noted on the Order Confirmation. If at any point your Contract for Broadband Services and/or Total Wi-Fi Service is terminated for any reason, you must return to us all Wi-Fi Nodes we supplied.
Due to the shared use of networks and factors outside our control such as access to third party content and services, your internet availability and speed may vary from time to time. In addition, the actual speed that you experience can be affected by a number of variable factors including your router and Wi-Fi Node positioning, wall thickness and construction, size of rooms, presence of metal piping, electrical devices, and the capabilities of the devices which are using Wi-Fi.
In our experience, the Total Wi-Fi Service works well for the vast majority of customers, but we do not guarantee or provide any other commitment that the Total Wi-Fi Services will extend coverage to the following areas:
(a) Conservatories
(b) Basements
(c) Outbuildings
(d) External garages
e) Lofts
During the Cooling Off Period, if you are not happy with the internet access speed in every room of your home through the Total Wi-Fi Service, then please contact our Customer Support team who will provide technical assistance. They will help you make sure that you have the correct Total Wi-Fi Service for your home size and construction, that the Wi-Fi Nodes are correctly set up and the slow speed is not caused by external factors — such as those listed in clause 6 of this Annex 2.
If you have made all the adjustments recommended by our Customer Support team and you are still not receiving the speed and coverage you would like, then you may cancel the Total Wi-Fi Service before the end of the Cooling Off Period. In this situation, the Minimum Term associated with your Broadband Service will not be affected and your Contract for the Broadband Services will continue in full force and effect (unless you are still within the Cooling Off Period for the Broadband Service, in which case you may also cancel the Broadband Service).
Annex 3: 24-hour fix commitment and compensation for Fibre 900 packages
Our Fibre 900 packages come with a 24-hour fix commitment for network outages and fibre breaks, subject to the terms in this Annex 3. This fix commitment and associated compensation applies only to our Fibre 900 Broadband Service (and any other package expressly identified by us). It does not apply to the Telephone Service.
In this Annex 3, the following terms will have the following meanings:
‘Excused Outage’ means the relevant Broadband Service 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 suffering a problem caused by any specific reconfiguration you request or authorise.
‘Fault’ means a service outage or fibre break affecting our network within our Network Footprint (excluding issues with your router, other hardware, WiFi connectivity, LAN or internal wiring used by you at your Property) such that you cannot use your Broadband Service as contemplated by the Contract.
‘Fix Commitment’ means the commitment provided by us to fix a Fault in accordance with paragraph 3 below.
If your Broadband Service suffers a Fault, we will use all reasonable endeavours to implement a fix to remedy the Fault within 24 hours of the Fault being reported to us by you (following the process set out in paragraph 4 below) and confirmed by us as a genuine fault in our network.
If you suspect your Broadband Service has a Fault, you can report it to us by:
(a) on Business Days from 08.00 to 17.30 by phoning us on 0333 240 7997 or by emailing our advertised support email address; or
(b) outside of these hours by using the relevant contact details we provided to you at the time you signed up to the Service. Please contact Customer Support if you need to be provided with these details again. The out of hours system automatically recognises your email address or telephone number so you must make sure you use the email address or telephone number which is associated with your account
If we fail to remedy the Fault in accordance with paragraph 3 above, we will pay you (in accordance with paragraphs 7 to 9 below) the following compensation for each full day by which we fail to achieve the Fix Commitment: the equivalent of two days of the cost of your Broadband Service (calculated by taking your monthly Service cost, multiplying it by 12 and dividing by 365 to identify the daily cost).
The following things are excluded from the Fix Commitment:
(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 including, without limitation, damage caused by your to our network, and anything that affects our ability to reasonably access your Property if required, take remedial action, or otherwise provide the Service to you;
(e) Your negligence or wilful misconduct, which may include failure to follow agreed upon procedures or our reasonable instructions; and
(f) Disconnection or suspension of the Service in accordance with the Contract.
In order to receive compensation, you must contact our Customer Support team in accordance with paragraph 4 above within 14 days of the relevant Fault ending to request compensation; it will not be automatically issued to you. Any compensation requests made outside of the 14-day period will be rejected.
Your right to receive compensation in accordance with this Annex 3 is your sole remedy in connection with relevant Faults.
Compensation 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 Broadband Service. It cannot be converted or exchanged, except where the relevant Fault occurs in the final period of your Contract where there will be no future service provision in respect of which a credit can be issued — in which circumstances the relevant compensation will be paid to you using your nominated payment method for the Broadband Service.