Gigaclear Residential Customer Terms and Conditions March 2022
We are Gigaclear Ltd a company incorporated in England with Company registration number 07476617. Our registered office is at Building One, Wyndyke Furlong, Abingdon, Oxon OX14 1UQ.
You are our Customer, your name and contact details are on the Order Confirmation. The address for delivery of the Services is the address stated on the Order Confirmation. You are not a business and are not intending to use our Service wholly or mainly for business purposes. You will be responsible for paying the charges for our Services.
If the fibre broadband network has not yet been installed at your property, we will make the necessary arrangements and we will contact you with further information.
How to contact us. You can contact us by telephoning our Customer Operations team at 01865 591131 or by emailing us at firstname.lastname@example.org or by writing to us at Building One, Wyndyke Furlong, Abingdon, Oxon OX14 1UQ or by using the form on the ‘Contact us’ page of our website.
How we may contact you. If we need to contact you regarding your Service, we will do so by phone or by writing to you at the email address or postal address you provided to us in your order. We may send customer service announcements to you by email or SMS text message. Please ensure that you tell us immediately if any of your contact details change.
Some of the words and phrases we use in these Terms and Conditions have special meanings and will start with a capital letter. These words are explained below:
“Activation Date” means the date the Broadband Service has been installed at your property and activated by us. If your property is already installed with our broadband network at the time your order is confirmed, the Activation Date will be the date we activate your Broadband Service. In both cases, this is also when the Minimum Term starts.
“Battery Backup Unit” means a battery unit that we send to you on your request, which you can use to provide back-up power to the broadband router and internal network termination point in the event of a failure of your usual power supply to your home. When fully charged, the battery unit should provide 1 hour of back-up power.
“CPI” means the Consumer Price Index published by the Office for National Statistics in July of that year.
“Early Termination Charge” means the charges we apply if your contract is terminated before the end of the Minimum Term being the full charges you would have paid to us for the Broadband Service up to the end of the Minimum Term unless the Broadband Service was cancelled before the end of the initial Cooling-Off Period. Please see our Early Termination Charge policy for details of these charges.
“Equipment” means the equipment we supply to you as an essential part of providing the Services (including upgrades or replacements) which will be our property at all times. This may include the broadband router, power adaptor, ethernet cables, Battery Backup Unit and phone adaptor.
“Gigaclear Network ” means the equipment we install from the Connection Point outside your property to the internal network termination point which enables connection to our network and remains our property at all times. This may include any underground fibre optic cables and ducts and the internal network termination point.
“Home Phone Services” means the phone services that we are providing to you as shown in your Order Confirmation.
“Home Phone Service Commencement Date” means the date the Home Phone Service will be active and ready for use and the start of the monthly rolling plan. This will either be the date our engineers install both Services at the same time and once your Broadband Service is activated or, where you have added the Home Phone Service to your existing Broadband Service package, it will be the date the Home Phone Equipment has been delivered to you.
“Order Confirmation” means an email from us after you’ve placed an Order for our Services confirming our acceptance of your order.
“Services” means the Broadband Services or Home Phone Services (or both) ordered by you and provided by us as shown in your Order Confirmation.
“Terms and Conditions” means these legally binding Gigaclear Residential Customer Terms and Conditions.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
“Working Days” means Monday to Friday, except bank holidays and public holidays.
1. Our Contract
1.1 How to place an order for our Service. Residential customers order our Services either with one of our Gigaclear representatives in person or by phone, or through our website. We can only accept orders for areas where our Service is available or is about to be available because the network build has started.
1.2 How we will accept your order. Our acceptance of your order will take place when we email your Order Confirmation at which point a Contract will come into existence between you and us.
1.3 What you have ordered. Your Order Confirmation contains all the details of the Services you have ordered which we agree to supply to you, according to these Terms and Conditions.
1.4 Your Contract with us is subject to a Minimum Term. The length of the Minimum Term for your Services is shown on your Order Confirmation, starting from your Activation Date. You must keep and pay for your Services for the whole of the agreed Minimum Term, unless you or we are allowed to end this Contract earlier.
1.5 Your right to cancel. You have the right to change your mind and cancel your order by contacting the Customer Operations team within 14 days from the day after the day on which you receive your Order Confirmation (“Cooling-off Period”). You must put your request in writing. You may use the form which we emailed to you with your Order Confirmation to do this. Please note that if you request activation of any of your Services within your Cooling-off Period and we have started to provide any or all of the Services, you will have to pay us the cost of the Services you've received up to the point when you notify us of cancellation, including the Activation Fee (if applicable). If you have activated your Home Phone service and made calls during your Cooling-Off Period, you will be charged for the calls you have made and the plan charges calculated by the number of days your Home Phone service was active. If you cancel your order within the Cooling-off Period and we’ve provided you with any Equipment, the Contract won’t end until you’ve returned the Equipment. The following will also apply:
a) You must return the Equipment which we provided for your use within 14 days of cancelling your order. We will send you postage-paid packaging or courier for this purpose and we will let you know the details of the return or collection. If we have not provided you with packaging or if our packaging does not cover the cost of postage, you will be responsible for the costs of returning the Equipment we have provided to you.
(b) If you don’t return the Equipment within 14 days of cancelling your order, we will charge you for any non-returned Equipment. For more information, please see our price guide for details of these changes.
(c) You must keep the Equipment that we have provided to you safe until it is returned. You may have to pay for any loss in value as a result of unnecessary handling by you.
1.6 Your customer number. We will assign a customer number to your order and tell you what it is when we accept your order. It will help us if you can tell us the customer number whenever you contact us.
1.7 We only operate in the UK. Our website and marketing material is solely for the promotion of our Service in the UK.
1.8 If, after we send you an Order Confirmation, we are unable to provide you with the Services you ordered, we’ll let you know. Your Contract will then end and we will refund any charges you may have paid for Services not delivered.
2.1 We will contact you to arrange the network installation. When the Connection Point outside your property is live, we will contact you to arrange for one of the approved network installers to install and configure the Gigaclear Network Equipment and Equipment you need to use our Services at a time which suits you. All installation technicians work to the agreed standards for the Gigaclear Network using approved equipment.
2.2 The installation team will have your contact details. This is so that they can contact you to let you know when they will arrive, or to deal with any unexpected problems or delays. You can contact our support team at any time if you have a query about your installation.
2.3 Access to your property. If you do not allow the installation team to access your property as arranged (and you do not have a good reason for this) the installation may be cancelled and we may, at our discretion, apply an aborted installation charge.
2.4 Non-standard installations These are bespoke projects which have specific requirements because of the length of the access route or surfaces which require special techniques to dig and re-instate (see our Installation Guide for more details). Non-standard installations are outside the scope of our free installation service and will require a separate on-site survey by an installation technician. We will discuss the installation cost with you before the installation can commence. If you agree to go ahead with the installation, the installation charges will be confirmed to you in writing and once the network is installed then our Service can be delivered to you according to your order. The agreed installation charge will be taken as part of your first monthly payment.
2.5 The technician will carry out a risk assessment before commencing work. If the technician decides that it is not possible to carry out the installation safely, or if there is no one over the age of 18 present at the property, you will be informed and given the opportunity to make alternative arrangements.
2.6 Changes to your requirements. Please note that if you change your requirements, this may affect your eligibility for a standard installation. If there has been an error in assessing the criteria for your installation, which means you do not qualify for standard installation, the technician will inform us and we will discuss and agree with you how to proceed and the charges which may apply.
2.7 If the installation cannot be carried out as arranged. The technician will do everything possible to achieve your installation at the arranged time, but if it is not possible to continue with the installation because of safety issues, the complexity or the materials required, the technician will inform us and will ask you to confirm your acceptance that a further appointment will be required. We may charge you reasonable costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the Contract. As we do not guarantee that the installation will be completed and your Services activated on the arranged date, we recommend that you do not terminate your existing broadband provider until our Services have been installed and activated.
2.8 Our rights under the Communications Act 2003. By ordering and requesting installation of our Service, you agree that the Gigaclear Network Equipment placed on your property with your permission will remain, including the internal network termination point installed in your property, irrespective of whether you or anyone who purchases your property takes Services from us. You should ensure that any future purchaser of your property is made aware that the property is connected to our network and the location of Gigaclear Network Equipment. You acknowledge that we don’t have to install or provide our Services until we have all the consents and permissions required from you or consent of others, for example, your landlord if you are a tenant. If you can’t provide us with these then we may choose to end your Contract with us.
3. Our charges and your payments
3.1 How we calculate our monthly charges. The amount you pay for our Services depends on the type and level of Service you have ordered and is shown as a monthly amount, including VAT on your Order Confirmation, payable in advance. Payments must be made by direct debit only and if your bank details change you must tell us immediately otherwise your Services may be suspended or terminated. Your first payment will include the Activation Fee (if any) and, where applicable, charges for non-standard installations.
3.2 Minimum Term. You agree that you will be tied in to accept and pay for our Broadband Service for a Minimum Term which is measured from the Activation Date (for new orders) or from the date shown on the Order Confirmation (for changes and upgrades). The Minimum Term which applies to your order is shown on your Order Confirmation. If you end the Contract during the Minimum Term, you may have to pay an Early Termination Charge. To understand how to end this Contract and the rights and responsibilities you have, please read clause 10.
3.3 Unless stated otherwise in the Order Confirmation, the Home Phone Service is a monthly rolling plan and has no minimum commitment period. The monthly plan will start from the Home Phone Service Commencement Date. You may change your price plan at any time, however, unless you are exercising your right to cancel, you must give us one month’s notice to terminate your Home Phone Service plan. No Early Termination Charges will apply to the Home Phone Service and there will be no effect on your Broadband Service Contract.
3.4 After the Minimum Term ends. Unless we expressly agree with you otherwise or you choose to end the Contract, the Contract will continue after the Minimum Term and you will continue to receive your Services. Any discounts or introductory pricing applicable during the Minimum Term will end and your monthly charges will change to the pricing for existing customers which applies to your Services on the date your Minimum Term ends.
3.5 Annual Price Increase. We may, at our discretion, on or after 1st October every year from October 2023 apply a percentage increase to the price of your Broadband Service. The percentage increase is the applicable CPI plus 3.5%. If the published CPI is negative in any year, the percentage increase to your prices will be 3.5% only. If you receive a discount on your monthly price, the price increase set out in this clause 3.5 will be applied to the discounted price. The calculated increase will be rounded up to the nearest whole pence.
3.6 Other changes to our charges. We may review our charges for any of our Services at any time but if any of the prices for our Services are to change we will give you at least one month’s notice, unless we can’t reasonably do that (for example, if the change is due to legal or regulatory reasons, in which case we’ll give you as much notice as possible). If you do not agree to accept these price changes you will be entitled to contact us to terminate our Contract (see clause 9 below). This right to terminate does not apply to changes to prices as a result of the annual price increase described in clause 3.5 as you have agreed to this annual increase as part of your Contract.
3.7 Changes and Upgrades. If you decide to change or upgrade your Services, we will tell you what your new monthly charges will be and ask you to confirm that you accept those (see clause 8.1 Your right to make changes). Any Minimum Term which applies to your new Service will commence when we confirm your new order.
3.8 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the Activation Date, or during the time we are supplying Services to you, we will adjust the rate of VAT that you pay and show this on your bill.
3.9 3rd party charges. We are not responsible or liable for any 3rd party charges from other organisations (such as telephone or content providers) which you may incur while using the Services.
3.10 If you do not pay. If you do not pay us for our Services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may end or suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid bill (see clause 3.13).
3.11 If you do not pay your bills for the Services then we may give your details, including your personal information, to a debt-collection agency and ask them to recover the debt for us. We also reserve the right to transfer your debt to any other business (in which case, your personal information will also be transferred) who may then try to recover the amount in any way it considers appropriate. This clause 3.11 shall continue to apply after the Contract with us has ended.
3.12 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. You will also be responsible for paying all reasonable costs of any debt recovery action or proceedings we incur to recover any debt you owe under this Contract, including fees charged by any debt collection agency we use.
3.13 What to do if you think we have made a mistake in our charges. If you think a bill is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue. Once the dispute is resolved we will charge you interest on correctly billed sums from the original due date.
4. Using our Services
4.1 Acceptable use. You agree to abide by our Acceptable Use Policy. You may only use our Services for lawful purposes. You agree that we may intermittently monitor your use of our Services including data volume and type of traffic (whether authorised by statute or other legislation or otherwise) to ensure lawful use and to assist our traffic management. If you use the Services improperly, negligently or in a way which interferes with other customers’ use of the Services, we may exercise our right to suspend your use of our Service (see clause 6 below) or end our Contract (see clause 11 below). We may immediately remove any material placed on our servers by you or other users which breaches this Contract or is otherwise harmful to our interests or the interests of our other customers.
4.2 Liability for breach of Acceptable Use policy. You agree that you are responsible for all use of our Services, whether you gave your permission or not. For example, if someone has access to your home and uses the Services, we would consider them to be within your control and you could be liable for unlawful use such as illegally downloading or transmitting copyright material. You should only allow access to your wi-fi, home network and Home Phone Service to people you trust and you must accept responsibility for their use of our Services.
4.3 Faults. The Equipment we supply to you to connect to our Services remains our property. You are responsible for maintaining all the Equipment we supply to you in good order. You should also ensure that you are aware of the installation route of the Gigaclear Network Equipment across your property and draw this to the attention of any third party doing work on your property. If you report a fault which we trace within your property boundary, we will make an appointment to carry out repairs or replace faulty Equipment or Gigaclear Network Equipment but if, in the reasonable opinion of the engineer, the fault was caused by damage to the Equipment or the Gigaclear Network Equipment, then a charge may be made. If you haven’t returned any Equipment within 30 days of us giving you a replacement, we may suspend the supply of your Services until the Equipment is returned or recover our costs of any non-returned Equipment.
4.4 If there is a fault on the wider network. When we become aware of a network fault outside your property boundaries we will do our best to ensure it is diagnosed and repaired within 3 working days.
4.5 We cannot guarantee fault-free performance. Due to the shared use of networks and factors outside our control such as access to 3rd party content and services, your internet access availability and the speed of the Broadband Service we deliver to your router may vary from time to time. Speeds measured over WiFi are likely to be lower than the advertised speed to the router of the Broadband Service.
Whilst we do our best to ensure good WiFi performance and coverage from the router around your home, this is not guaranteed as part of the Broadband Service we deliver as it is beyond our reasonable control, due to the limitations of WiFi technology and other factors relating to your environment and the device you're using. For more information on how to get the best WiFi performance, see our website.
If you have ordered Smart WiFi or it is included in your broadband package then separate terms apply, further details can be found here.
4.6 How to tell us about problems. If you have any questions or complaints about any of our Services, please contact us (our contact details appear on page 1 of these terms).
4.7 IP addresses. Unless you arrange with us to have a static IP address (additional charges may apply), the internet address allocated to you may be varied at any time. It will at all times belong to us. You may not sell or agree to transfer the internet address to any person. We grant to you a non-transfer
able licence to use the Internet address while you receive internet access from us which will end if this Contract ends.
5. Special Terms for the Home Phone Service
5.1 The Home Phone Service is provided over our fibre broadband connection to your home and therefore you must maintain a Broadband Service with us to receive the Home Phone Service. It will not work if there is disruption or an outage to the broadband connection to your home. As both Services require power, neither the Broadband nor the Home Phone Service will work in the event of a power outage.
5.2 We will register your home address with the emergency services. You must make sure we have fully accurate details of your location for emergency operators and authorities to identify your location and phone number when you dial 999/112.
5.3 You will have access to make calls to the emergency services numbers 999 and 112 unless there is a power or network failure. In the event of a power or network failure, you must use an alternative phone to call the emergency services in these circumstances, for example, a mobile phone or an existing copper wire phone line at your home (if there is one). If we suspend our Home Phone Service for any reason under the terms of this Contract, you will still be able to dial 999/112 using the Home Phone Service, provided there is no power or network failure.
5.4 If you have been provided with a Battery Backup Unit to power your Equipment in the event of a failure of your usual power supply to your home, you will be able to continue to use your Home Phone Service for at least 60 minutes, allowing you to make calls during this time to the emergency services. The Battery Backup Unit cannot provide power to a DECT cordless telephone and so if you use the Battery Backup Unit to use the Home Phone Service during a power failure, you must use a corded telephone.
5.5 If you wish to transfer your existing phone number to our network from your existing provider, we will, where possible, take reasonable steps to transfer your number in accordance with industry standard processes and our legal requirements. This process is known as “porting”. We estimate the porting process will take up to 8 Working Days after your Home Phone Service is activated and we will keep you updated by email with the date the transfer will happen and once it is has completed. As part of the porting process, you will need to ensure your existing phone service and phone number you have with your existing provider remains active until the process to port the number over to our network has been completed. Until your number is ported across to us, you will still receive calls on your existing phone service from the other provider and you will be able to make outbound calls on your other phone service as well as the Home Phone Service. Any calls you make through either provider during the porting process may be subject to standard call charges.
5.6 If you decide to end your Home Phone Service, you can request to transfer your phone number to another provider but please note, if you terminate your Home Phone Service and do not transfer your phone number to another provider, you will lose your phone number at the termination date.
5.7 Our Acceptable Use Policy applies to all calls you make using our Home Phone Service. If your use of ‘inclusive’ or ‘unlimited’ calls provided as part of a Home Phone Service plan exceeds that reasonably expected of a reasonable person using the Home Phone Service for domestic purposes, we may:
(a) immediately suspend your Home Phone Service until we have established whether your use is in accordance with these Terms and Conditions;
(b) charge you, at our standard rate as published in our latest Home Phone Charges Guide, for any calls exceeding those reasonably expected of a reasonable person using the Home Phone Service for domestic purposes; and/or
(c) require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the Home Phone Service by you or anyone you have allowed to use the Service.
5.8 To protect you from fraud and unexpected high bills, we will set a call spend limit of £50. This means for all outbound calls you make that are not included as part of your Home Phone Service inclusive call plan, there will be a spend limit of £50 a month. Once you reach your call spend limit, your ability to make calls outside of your inclusive call plan will be suspended except for calls to the emergency services numbers 999 and 112. To resume your ability to make outbound calls outside of your inclusive call plan, you will need to contact our Customer Operations team on 01865 591131 and we may ask you for a deposit or for an interim payment. You are responsible for all calls made using the Home Phone Service at your home, whether or not they are made by you.
5.9 The following rules will apply to the Home Phone Service:
(a) inclusive UK landline calls are to 01, 02, 03 and Isle of Man numbers only;
(b) inclusive UK mobile calls are to 07 numbers only; and
(c) calls will be rounded up the nearest minute and the whole next penny.
Certain types of calls are excluded from the inclusive calls described at clause 5.9(a) – 5.9(c) and these calls will be charged at our standard rates as published in the latest Home Phone Charges Guide. These are calls to:
(d) the Channel Islands;
(e) indirect access;
(f) 070 personal numbers;
(g) 076 pager numbers;
(h) Isle of Man mobile numbers;
(i) 0845, 0870 and 09 premium rate numbers;
(j) directory enquiry services beginning in 118; and
(k) all other dialling codes, not listed above as forming part of the inclusive calls or dialled without following the Acceptable Use Policy.
5.10 As a protective measure against unexpected bills, all calls are limited to a maximum of an hour at which point the call will be automatically cut off. Should the call end at the hour point, you can redial the same number to carry on the call, subject to clause 5.7 and the Acceptable Use Policy.
5.11 If you have a residential security or personal alarm system (for example, a Redcare or ADT alarm system) which rely on a traditional copper-wire landline, these are not supported by the Home Phone Service. If these systems are active on your existing phone line and you wish to continue using them, you will need to retain a traditional copper-wire landline service.
6. Suspending the Services
6.1 Your rights if we suspend the Services because of our actions We may have to suspend the supply of your Services
(a) to deal with technical problems or make minor technical changes;
(b) to update the Services to reflect changes in relevant laws and regulatory requirements;
(c) to make changes to the Services as requested by you or notified by us to you (see clause 8);
6.2 We will do our best to ensure that necessary maintenance and support work is carried out overnight and we will do our best to give you reasonable warning by email prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency. If the suspension lasts for more than 3 Working Days, we will adjust the price so that you do not pay for Services for any period of suspension beyond 3 Working Days. Any adjustment will appear as a credit on your next bill.
6.3 Your rights if we suspend the Services because of your actions We may have to suspend the supply of your Services
(a) if you do not pay (see clause 3.10);
(b) you have reached the spend cap limit for the Home Phone Service (see clause 5.8);
(c) if you misuse our network or do not comply with our Acceptable Use Policy (see clause 4);
(d) if you break our Contract, or any laws which apply to the use of our network.
6.4 If we suspend the Services because of your actions or failure to pay, we may charge you for re-activating your Services at the end of the period of suspension.
7. Our responsibility
7.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or which is not a direct consequence of our breach of the Contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
7.2 What we are not liable for. Apart from responsibility we accept under clauses 7.1 and 7.5, we are not responsible to you for the following:
(a) any loss or damage caused by the use of our Services to access the internet
(b) any delay or failure by us to provide the Services, including delay or failure relating to installation of the Services, due to circumstances beyond our reasonable control. This could include things such as lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, interruption or failure of electricity or other utility services, anything done by a government or other public authority, or strikes or other industrial action;
(c) loss of income, loss of revenue, loss of profit, loss of business, business interruption, or loss of business opportunity; and
(d) costs you incur for replacement of purchasing substitute goods or services;
7.3 You are responsible for your equipment. We are not responsible if you are not able to use the Services because your equipment (for example, any PC, mobile device, network interface card, printer, switch, local area network or other equipment) does not work properly, is not compatible with the system, does not conform to the relevant standard or does not meet the minimum specifications or because of faults in any 3rd party networks over which we have no responsibility.
7.4 We are not responsible for information passing over our network. We have no control over the data which passes to you or from you over the internet, and we are not responsible for any loss or damage to that data.
7.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
8. Changes to our Contract
8.1 Your right to make changes. If you wish to make a change to the Services which you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see clause 9).
8.2 Minor changes to the Services. We may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
In the unlikely event that these changes have an impact on your use of our Services you should contact us for an explanation of the reason for the change and to discuss the impact.
8.3 More significant changes to the Services and these terms. In addition, we may make changes to our prices (see clause 3.6) or other aspects of our Contract but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect other than where the change to the price is in accordance with clause 3.5.
9. Your rights to end the Contract
9.1 You can always end your Contract with us. Your rights when you end the Contract will depend on how we are performing and when you decide to end the Contract – the consequences in each situation are explained below in clauses 9.2 – 9.4. For your rights to end the Contract during the initial cancellation period see clause 1.5 above. Clause 10 explains what you need to do to end the Contract.
9.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (d) below the Contract will end and we will refund you in full for any Services which have been paid for but have not been provided (if applicable). The reasons are:
(a) we have told you about an upcoming change to the Services or these terms which are likely to materially disadvantage you which you do not agree to (including a change to our prices other than where the change to the price is in accordance with clause 3.5) and you have given us notice, within 30 days of us notifying you, to end the Contract;
(b) we have made an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) we have suspended or have notified you that we will suspend supply of the Services for technical reasons or because of circumstances beyond our reasonable control (such as those listed in clause 7.2 (b) above), in each case where the suspension lasts for a continuous period of more than 28 days; or
(d) you have a legal right to end the Contract because we have broken the Contract.
9.3 Ending the Contract during the Minimum Term. If you end your Contract during the Minimum Term (other than where you have a right to end it – see clause 9.2 above) then we may charge you an Early Termination Charge up to the amount of the remaining charges for the Minimum Term and the cost of any non-returned Equipment. If you give us 1 months’ notice to end the Contract at the end of the Minimum Term and return Equipment provided to you to use the Services, then no Early Termination Charge and non-return of Equipment charges will apply.
9.4 Payment of Early Termination Charge. We may charge this amount directly to your next bill. By entering into this Contract, you are authorising us to do this. We will give you reasonable notice in writing before making these charges. Further information about Early Termination Charges can be found here.
9.5 Ending the Contract after the Minimum Term. If we are not at fault and none of the reasons listed in clauses 9.2 apply, you must give us 1 months’ notice to end your Contract. The Contract will not end until 1 calendar month after the day on which you contact us. For example, if you tell us you want to end the Contract on 4 February we will continue to supply the Services until 3 March. We will only charge you for supplying the Services up to 3 March and will refund any sums you have paid in advance for the supply of the Services after 3 March. All Equipment provided for the Services is to be returned as described in clause 12.
10. How to end the Contract with us
10.1 Tell us you want to end the Contract. To end the Contract with us, please contact us in writing or if you are ending the Contract because you have changed your mind within the initial cancellation period, you can use the form we sent you with your Order Confirmation.
10.2 How we make any refunds which are due to you. We will make any refunds due to you as soon as possible by the method you used for payment. If you are exercising your right to cancel then any refund due (less any deductions due to us) will be made within 14 days of your telling us you have changed your mind. If this Contract is ended for any reason, or if any of the Services are cancelled, we will be entitled to keep any money held (including advance payments) and to use that money to pay any obligation or debt you may owe under this Contract. We’ll get in touch with you to refund to you any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance. If that’s the case, we’ll donate the account balance to a charity of our choice. If we have reasonably tried to contact you during the 6 month period after this Contract has ended, but have not been able to, we may also donate your account balance to charity, whatever the amount.
11. Our rights to end the Contract
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (see clause 3.10);
(b) you cancel the direct debit for your Services without agreeing another form of payment with us;
(c) you use our network and Services in breach of our Acceptable Use Policy or do any of the things described in clauses 4.1 and 5.7;
(d) you or anyone you authorise to deal with us on your behalf act in an unreasonable manner or in a way towards our staff or agents which we reasonably consider to be inappropriate and sufficiently serious to justify ending this Contract;
(e) you become bankrupt, enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
(f) we have reason to believe that you have provided us with false, inaccurate or misleading information or are using our Services fraudulently, or are using the Services in an unauthorised manner and do not put things right in a reasonable time; or
(g) you use the Services or the Equipment for any commercial or business purposes.
11.2 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for any Services which we have not provided but we may deduct or charge reasonable compensation for the net costs which we may incur as a result of your breaking the Contract. If we have to end the Contract during the Minimum Term because you have broken it, we are entitled to charge you for the remainder of that term and for the costs of any non-returned Equipment.
12. Return of Equipment
12.1 When this Contract ends for any reason, or you cancel your order within the initial cancellation period, you must return to us in the manner we request any relevant Equipment we supplied to you to connect to the Services within 14 days of the end of your Contract or cancellation under clause 1.5 to the following address:
Returns, Gigaclear Ltd, Building One, Wyndyke Furlong, Abingdon, OX14 1UQ.
12.2 You are responsible ensuring that the Equipment reaches us in good working order and is not damaged. We will send you postage-paid packaging or courier for this purpose and we will let you know the details of the return or collection. If we have not provided you with packaging or if our packaging does not cover the cost of postage, you will be responsible for the costs of returning the Equipment we have provided to you. If you don’t return the Equipment within 14 days of the end of your Contract, we will charge you the full replacement value and/or a non-returned Equipment cost using your usual method of payment. For more information, please see our price guide for details on these charges.
12.3 We will test any returned Equipment and if any are damaged other than through fair wear and tear, we will charge you the full replacement value and may recover those charges using your usual method of payment. For more information, please see our price guide for details on these charges
12.4 Please note that any Gigaclear Network Equipment installed will remain on the property and is not to be returned or removed as described in clause 2.8.
13. Moving home outside of or within the Gigaclear Network area
13.1 If you are moving to an address that is not within a Gigaclear Network service area during the Minimum Term then you will not have to pay any Early Termination Charge, subject to you providing suitable evidence of your home move and completion of our Moving House Form. For more information, please see our moving home policy here. Please note you will be required to return any Equipment we have provided for you to connect to the Services as described in clause 12.
13.2 If you move to an address within the Gigaclear Network area during the Minimum Term and we are able to provide the Services to you at your new address, then you will not pay any Early Termination Charges providing you agree to a new Minimum Term for your Services at your new address and the new order for Services is not cancelled within the initial cancellation period. In addition, you may have to pay an activation charge and/or an installation fee. If you decide that you do not wish to continue with the Services at your new address and you are within your Minimum Term then Early Termination Charges may apply up to the amount of the remaining charges for the Minimum Term. You must also return any Equipment we have provided for you to connect to the Services as described in clause 12.
14. Privacy & Data Protection
14.2 Please note that we may monitor and record phone conversations which you have with us so that we can shape our training and compliance.
15. Other important terms
15.1 We may transfer this Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If you are moving house, please contact us.
15.3 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
15.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English/Welsh courts.
15.7 Complaints and alternative dispute resolution. If you are unhappy with our Services, we will do our best to put things right – please see our Customer Complaints Code for more information about how we handle complaints and the Ombudsman service available.