Terms & Conditions
Terms and conditions of service
- This sets out the terms and conditions (Standard Terms) which regulate the supply of Services by AirFibre Limited, a company incorporated under company number NI627867 with registered office address at Banoge House, 17 Hall road Donaghcloney BT66 7LJ, trading as AirFibrenet (we, us or our) to any consumer (you or your) and the payment for such Services by you to us.
- These Standard Terms, the Other Terms, the Client Contract Form you have completed or agreed and any other document signed between you and us together form a legally binding contract (Agreement) between you and us.
- As well as these Standard Terms, Other Terms may apply to the Services and their use by you. These may be updated from time to time so please check our Website regularly and read through it carefully. Other Terms may include our [‘Acceptable Use Policy’ and ‘Traffic Management Policy’].
- These Standard Terms apply only if you are a consumer. In general, you will be a consumer if you are receiving the benefit of the Services otherwise than in in the course of a business or profession (i.e. for your own domestic purposes). If you are unsure whether you are a consumer, please contact us.
- If you are receiving the Services within the course of, or for the benefit of, a business or profession, then you are likely to be a business customer and our Standard Terms and Conditions for Business Customers which are available on request, will apply to the Agreement between you and us instead of these Standard Terms.
- If you have registered as a customer jointly with other people, the expression “you” will apply to each of you and each person will be jointly and separately responsible for paying all outstanding charges in full. We will be entitled to claim any part, or all, of the charges owed from each of you independently or all of you together. You cannot extend the Services for someone else to use [who does not reside in your Premises]. We will consider them to be a separate customer.
- We shall not be required to keep or preserve the original documentation relating to the Agreement but may keep copies of the same by using any electronic method of storing information and a legible copy or a recorded electronic audio file (as appropriate) of any such information so preserved shall be considered a true record same.
- The Agreement shall commence on the date you complete or agree your application (online, in person or over the telephone) for supply of Services by us and continue indefinitely until we or you end it in accordance with clause 13.
- Your use of the Services will be governed by all the terms of the Agreement, including these Standard Terms. Please read these Standard Terms carefully.
- OBTAINING THE SERVICES
- We will try to meet any date agreed with you for installation of the Equipment or activation of your Wireless Services, but we may have to change the installation date given to you or your activation may be delayed. We will try to notify you of any changes as soon as possible.
- You agree that you or a person authorised by you (who is aged 18 or over) will be present when we install the Equipment at your Premises.
- Where we need to install Equipment at your Premises, we will make every effort to fit the Equipment in your preferred location. However, this may not be possible for technical or other reasons. If this is the case, we will connect the Equipment as we see fit. Please do not move any Equipment. Should you wish to alter the routing of the Equipment or any connected equipment such as cables or wall sockets, you should contact us before we attend at your Premises to install the Equipment.
- Where we do not install Equipment at your Premises, we will either send you all the Equipment, or advise you of any additional equipment, that you need to avail of the Wireless Services. If applicable, it is your responsibility to purchase the additional equipment we may notify to you. We will not be liable to you for any loss or damage caused by your installation of the Equipment or any additional equipment.
- Where we have recommended additional equipment in connection with the Wireless Services and you have chosen not to take our recommendation, we cannot guarantee compatibility of any other equipment you may choose, nor can we provide installation or ongoing support in respect of that equipment.
- To maintain your connection and for us to provide the Wireless Services, our Equipment or similar equipment which we recommend to you (e.g. a wireless router) must be connected to and work with other equipment belonging to you (e.g. a computer). We are not responsible for the use or proper functioning of your equipment.
- If required, you agree to provide and pay for suitable facilities or equipment not included under our standard installation, including for all necessary electrical and other installations and fittings (including power outlets or sockets) required for our Equipment to function. You also agree to follow our instructions in this respect.
- Where we need to set up any Wireless Services on your equipment you hereby permit and authorise us to access your equipment to do so (which may include the installation of software) and to check that the Wireless Services are working properly. You confirm that you will have prepared your equipment, and will follow our instructions in relation to preparation of your equipment, so that we can perform the set-up properly. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to our undertaking any set-up on your equipment.
- You are responsible for applying for any consents and permissions necessary for us to connect and maintain the Equipment at your Premises (for example, any permissions necessary to install aerials). We are not obliged to install any Equipment or provide the Services unless all consents and permissions have been obtained.
- Our obligation to provide the Services is also subject to undertaking a survey. If the survey shows that the Equipment cannot be installed at, or the Wireless Services cannot be accessed from, your Premises, or if a non-standard installation is required, we may cancel any installation date we have given you and may terminate the Agreement with immediate effect, if required. You will be notified of this as soon as possible after the survey. We shall not be liable to you in any respect for any failure to provide the Services in such circumstances, but will refund any payments you have already made to us for any Services provided to date.
- We do not have to connect the Equipment at your Premises or otherwise abide by the terms of the Agreement if: (a) your Premises are outside our coverage area or in a difficult coverage area where no signal is available, or we are otherwise unable to activate the Wireless Services at your Premises for any reason beyond our control; (b) you do not qualify under an application made for a voucher grant or are otherwise ineligible for the Services on the basis of our current credit policy; (c) you have previously misused our Services; (d) your hardware or software does not meet the minimum suitable requirements (Minimum Specification) specified by us from time to time to allow Internet Access via the Wireless Services; (e) your computer or its operating software does not work correctly or normally to facilitate Internet Access; or (f) it is not practical to set up the Wireless Services for health and safety reasons or for any other reason, and we may terminate this Agreement with immediate effect in such circumstances, if required. We shall not be liable to you in any respect for any failure to provide the Services in such circumstances, but will refund any payments you have already made to us for any Services provided to date.
- ABOUT THE SERVICES
- If you keep to the terms of the Agreement, we will provide you with the Services, subject to the other terms of the Agreement.
- To make sure you are always getting the best possible Service, we may monitor and record phone conversations you have with any member of our team.
- From time to time, we may offer certain Services to you or third parties for free. We reserve the right to withdraw these Services at any time without giving you notice.
- From time to time, we may supply you with Services for promotional purposes, whether for a charge or otherwise. We may at any time stop such supply or change such Services.
- You agree that you are liable for any charges on your account regardless of whether you, or anybody else (with or without your permission), runs up any charges outside the scope of the Agreement which may affect the stability of the Services in any way. If fraud is committed during the use of your Services (unless the charges result from fraud by someone else which you could have had no control over, and there is reasonable evidence that this is the case), we reserve the right to charge a fee, cancel the Services, terminate this Agreement with immediate effect, and also to contact the appropriate authorities.
- We reserve the right to monitor and control data volume and/or types of traffic transmitted by you or by others using your account via the Wireless Services.
- For Internet Access you agree that your hardware, software and other equipment will meet the Minimum Specification specified by us from time to time to allow Internet Access via the Wireless Services. You also agree that you’ll either have a USB port available that we can connect our modem to, or that you will install a suitable network interface card on your computer. You also agree that you will carry out a virus check on your computer before the Wireless Services are connected. If this is not the case, we may not be able to provide you with the Wireless Services.
- From time to time we may change the Minimum Specifications. Any changes will be notified to you in advance and may also be posted on our Website.
- You represent and warrant that you are the owner of, and that you have obtained all necessary consents to use the equipment required in connection with Internet Access.
- You acknowledge that we cannot guarantee connection when any part of our Equipment is moved, tampered with, removed or damaged in any way. It is your responsibility to keep all Equipment on your property which you are responsible for in good condition. You acknowledge that you are liable for any and all costs due if damage is caused to the Equipment while in your control or care, other than normal wear and tear, including for any interruption to the Wireless Services and the charges required to restore your Wireless Services.
- If the Agreement is ended for any reason, your right to use the Services will cease. To the extent permitted by law, and subject to the other terms of the Agreement, no liability or loss of any kind for terminating the Services will be owed by us. This does not affect your statutory rights.
- LOOKING AFTER THE EQUIPMENT AND MAINTAINING THE WIRELESS SERVICES
- We will provide standard maintenance Services that we believe are necessary for the System and Equipment to work properly and for us to provide the Wireless Services.
- We will always aim to provide you with the best service possible, but we will not be liable for interruptions to the Wireless Services, or other problems with Services, that are beyond our reasonable control. You agree that you will tell us about any fault in the Wireless Services by contacting our customer services team, who will aim to respond as promptly as possible. In many circumstances it is possible to correct a fault over the phone. If this is not possible, we will send a technician to correct the fault, normally only during Normal Working Hours.
- If you prevent the necessary maintenance from being carried out, or are not available to allow it to be carried out, (where we are attending your Premises at a time previously agreed and arranged with you), or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee for: (a) misuse or neglect of, or accidental or wilful damage to, the Equipment, including the costs of rectifying same; (b) a fault in, or any other problem associated with, your own equipment or any system that we do not cover; (c) your failure to abide by the terms of the Agreement; or (d) any other reason why a Services fee might be chargeable.
- You are responsible for maintaining any equipment that is relevant to the Wireless Services which is owned by you.
- We are not responsible if you are not able to use the Wireless Services because your equipment (for example, your computer, network interface card, printer, or other equipment) does not work properly, is not compatible with our Equipment, does not meet our Minimum Specifications or because of faults in any public communications provider’s network (where applicable).
- USING THE WIRELESS SERVICES
- You are responsible for the way the Wireless Services are used. You must not use, or allow anyone else to use, the Wireless Services to do any of the following acts: (a) send a message or communication that is offensive, abusive, defamatory (damages someone’s reputation), obscene, menacing or illegal; (b) cause annoyance, nuisance, inconvenience or needless worry to, or infringe the rights of, any other person; (c)perform any illegal activity; (d) break, or try to break, the security of anyone else’s equipment, hardware or software; (e) deliberately receive, use, own, post, transmit or publish obscene material (including child pornography); (g) upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner; (h) use any Internet Protocol (IP) address that we have not assigned to you; (i) impede, impair or damage the wireless services, software or hardware of another internet user; (j) impersonate another user, whether on our network or any other network; (k); to knowingly transfer any harmful material including viruses, Trojan horses or other malware; or (l) use the Wireless Services in a way that: (i) risks degradation of service levels to other customers; (ii) puts us at risk; or (iii) is not in keeping with that reasonably expected of an ordinary consumer. If we believe that you are using the Wireless Services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the Wireless Services without giving you notice, and to terminate this Agreement with immediate effect.
- You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice.
- You agree to take responsibility for all liabilities, claims and losses which are in any way connected with your use of the Wireless Services, including as outlined in clause 1 above, and agree to indemnify and hold us harmless against any such liabilities, claims or losses incurred, arising or suffered by us as a result of or in connection with same.
- Where a usage allowance is allocated to you as part of the Wireless Services, you are responsible for making sure that you do not use more than your allowance requirements. We are not responsible for any negative consequences of your failure to do so. Furthermore, if you exceed any fair use allowance applicable to your Wireless Services, we reserve the right (at our sole discretion) to charge an additional fee, and/or re-grade the Wireless Services in question at the appropriate new charge. If we make such changes we will notify you as soon as possible.
- We reserve the right to terminate all Wireless Services immediately and without notice if any harmful material or other malware is placed on our systems by you or other users which we, in our reasonable opinion, believe violates the Agreement or is otherwise harmful to our interests or the interests of other users of the services we provide. In such circumstances we may also terminate this Agreement with immediate effect.
- The Wireless Services may enable you to access third party content and services (some of which may require you to accept additional terms and which may be subject to additional fees), and you agree that we are not responsible for any such third party content or services.
- USING OUR EQUIPMENT
- Where we provide Equipment to you which is not charged or paid in full under the voucher grant scheme or a similar scheme, it will remain our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your Premises.
- You are responsible for making sure that our Equipment is safe and used properly at all times. To do this, you agree to do the following: (a) follow the manufacturer’s instructions or any other instructions we have given you; (b) keep the Equipment in your Premises and under your control (for example, not to sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you); (c) insure the Equipment against any loss, theft or damage for the full replacement value; (d) not remove, tamper with or cross out any words, labels or markings on the Equipment; and (e) take proper care at all times to prevent the loss or theft of the Equipment.
- You agree to tell us immediately about any loss or damage to any part of our Equipment. You agree that you are responsible for any loss of or damage to our Equipment, including any replacement or additional Equipment, regardless of how it happens. We will charge you for any loss of or damage to our Equipment and monthly charges for Services will continue.
- If we or you end the Agreement, if you decide to disconnect from the Wireless Services, or if you wish to take up an offer to upgrade the Equipment, you must return our Equipment to us or (if we choose) make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available our Equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the Equipment. If we hold any of your money we may use that money towards the cost of the Equipment.
- Any equipment which you own and which you connect to the system (for example, phones, fax machines, computers) must meet with all relevant laws and regulations. We reserve the right to disconnect any of your equipment that does not meet these laws and regulations. You may use your own equipment together with our Equipment, but we do not guarantee that they will be compatible. We will not be liable in any way for any loss or damage which is caused to your own equipment arising as a result of its use with our Equipment.
- PAYING FOR YOUR SERVICES
- You agree to take and pay for the supply of Services in accordance with the scales of charges set out in the Client Contract Form, or otherwise published by us from time to time, together with any applicable value added tax or other applicable taxes. You are responsible for making the decision on what data allowance best suits your needs. We will not be held responsible for any incorrect or unsuitable allowance chosen by you or any charging that has occurred due to your selection.
- All payments by you should be addressed to AIRFIBRE LIMITED.
- You must pay for the Services using one of the methods agreed by us. We offer a variety of payment methods for paying bills, including payment online, by credit or debit payment over the phone, via bank transfer, or in advance by direct debit or Standing Order.
- Every bill is payable on the date specified on the bill, unless we have agreed otherwise.
- Please make sure that we receive prompt payment in full within 7 days. If the account remains unpaid 14 days after the bill date unless we have agreed a different payment arrangement with you, the service will be frozen. Payments by direct debit will be automatically deducted from your account on the applicable date at either the start or end of a month, and then every month (depending on the Agreement) unless we otherwise agree. We reserve the right to change our direct debit collection date and we will notify you in advance of doing this.
- If any amount of the charges payable by you is genuinely disputed in good faith, you must pay to us the amount of the charges that is not in dispute by the due date for payment. Once the dispute is settled or closed you must pay any amount that is still owed if the charges were correct or we will adjust your account accordingly if the charges were incorrect.If you have an account with us at other Premises, we may transfer any credit or debit between your accounts in order to recover any money you owe us.
- We will apply VAT at the appropriate rate to all tariffs and charges, which shall be payable by you in addition to the other relevant tariffs, charges or taxes including charges for other Services that we have agreed to provide for you.
- Standing order forms should be completed and actioned. Any other payment method offered must be fully completed and you must ensure payment is made on time each month or we will cease to provide the Services to you after at least 14 days following non-payment. We may also charge you the full amount of any bill and you may lose any discount we may have given you. We may also suspend or cancel the Services.
- Under the Agreement, if you ask for any changes to the Services provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that: (a) bills must be paid by Direct Debit, standing order or recurring payment methods; (b) any payment of yours is cancelled or is not cleared by your bank or building society the provisions of clauses 8 and 10 will also apply; and (c) you will receive an e-bill unless you specifically request a paper bill.
- You must provide us with a valid and current e-mail account to use e-billing. The accuracy of that e-mail address is entirely your responsibility.
- You shall remain fully responsible and liable for payment of any bills where you have been notified using your chosen email address regardless of whether or not you have accessed that e-mail account and read the relevant e-mail.
- If you want to change the Services we provide, we may charge you an administration fee. We will notify you of the amount of any such charge when you request the change.
- You must also tell us immediately if any of your details change including the email address you have chosen for your account (or if you are no longer able to access emails or correspondence sent to a particular address or email address). For the avoidance of doubt, the fact that you are unable to access correspondence sent to an address or email address you have chosen will not impact your liability or responsibility under the Agreement (including your liability or responsibility to pay any relevant bills).
- If you make an appointment with us, or through us, and cannot keep it, you must give us as much advance notice of the cancellation as reasonably possible and you may be charged for the appointment if we incur any costs in respect of your failure to keep the appointment.
- If you dispute the accuracy of any assessment by us of your use of the Wireless Services and if this is tested at your request you will be required to pay a standard charge for the test. If our assessment of your Wireless Services usage is discovered to be inaccurate then you will receive a refund of this cost and we will adjust your Wireless Services charges as appropriate. If you disagree with our estimate of your Wireless Services usage, please contact our Customer Services Team.
- If you or we discover that any assessment of your Wireless Services usage has been inaccurate or omitted, we shall either debit your account in a subsequent bill or statement in respect of any money that is due to us, or we shall credit your account in a subsequent bill or statement in respect of any money that is due to you (as appropriate).
- USE OF YOUR INFORMATION
- You must give us all information which we reasonably request from time to time for the purposes contemplated by the Agreement, including your contact details.
- All the information you give us must be truthful and You must tell us about any changes to the information as soon as possible.
- By entering into the Agreement you are deemed to consent to us using your personal information or other information you provide for the following purposes: (a) providing you with the Services, Service information and updates; (b) administration, customer services, training purposes; (c) tracking your use of the Services (including processing call, usage, billing, viewing and interactive data); and (d) improving and developing the Services. Your personal information may be used for these purposes for so long as you are a customer and for as long as is necessary for these purposes after we cease providing Services to you. Occasionally third parties may be used to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions.
- Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
- DATA PROTECTION
- We aim to comply with all relevant data protection legislation, so any personal data which you supply to us will only be used for the purposes indicated in these Standard Terms. By entering into the Agreement you agree to your information being used and disclosed in accordance with these Standard Terms.
- The data we may collect about you and your account includes data collected: (a) from you directly (including your name, address, telephone number, email address, age, information about your health or vulnerability (or that of people residing at your Premises), and your bank details (where appropriate)); (b) from records we hold about you if we had a previous relationship with you (e.g. where you were previously our customer); and (c) from third parties, including other suppliers and credit reference agencies (this data may include public, electoral register, shared credit and fraud prevention information).
- We will use the data we have about you and your account to administer your account, provide Services and products and comply with our duties under the law. This includes processing data for the purposes of: [(a) setting up, monitoring and managing your account or otherwise for the purposes of fulfilling our obligations to you under the Agreement; (b) obtaining credit references; (c) implementing a change of supplier, if required; (d) reporting to relevant government departments and public bodies (as appropriate); (e) billing and data management; (f) helping with the detection and prevention of crime, fraud and loss; (g) complying with legal obligations and requirements to third parties; (h) providing you with information about the goods and services we offer; and (i) notifying you about changes to our Services and the Agreement.We may keep your data for a reasonable period after you cease to be supplied by us, but will not keep it for any longer than is necessary and/or as required by law.
- You agree to provide us, promptly and free of charge, with any information which we reasonably request in connection with these purposes and agree that we may disclose such information to other parties where that is necessary for these purposes.
- We may share the information we have about you with all relevant industry organisations based on agreed industry processes, for the purposes contemplated above. We may search the files of credit reference agencies, who will record the search. We may share information about you and your account with other suppliers, financial institutions and with credit reference agencies. We will release your account details to any organisation to whom we may transfer our rights or obligations under the Agreement or to other companies within the Airfibre Limited group of companies. We may disclose your data to agents who act on our behalf in connection with the activities referred to in these Standard Terms. Such agents are permitted to use your data only as instructed by us. They are also required to keep your data safe and secure.
- All of the above mentioned parties may retain your information for a reasonable period of time in order to carry out these functions.
- Upon payment of a fee and by written request to “The Data Protection Officer, Airfibre Limited, with registered office address at City East Business Centre, 68-72 Newtownards Road, Belfast, County Down, BT4 1GW, you are entitled to a copy of the personal data held about you by us, as provided for under Data Protection Act 1998. You also have the right to require us to correct any inaccuracies in your information. In order to protect your privacy, you may be asked to provide us with suitable proof of identification before we comply with these requests.
- We may monitor or record telephone calls, email and other electronic communications between you and us to help improve our customer service, for security purposes, for administering your account, for debt recovery purposes, for quality and training purposes, to investigate any complaint you make, and as evidence in any dispute or anticipated dispute with us.
- Your personal details won’t be shared with other companies for sale or marketing purposes without your consent. If you do not wish to have any details shared with a third party you should tick the box in the Client Contract Form.
- If you do not pay your bills for the Services then we reserve the right to transfer your debt to a third party in which case your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt.
- LATE PAYMENT
- All sums due to us under the Agreement must be paid without deduction or set-off. If you do not pay us any sum due under the Agreement you may be liable to pay us interest from the due date at a rate equal to 8% per annum above the base rate of lending of HSBC Bank plc from time to time, accruing on a daily basis until payment is made.
- If you do not pay your bills, we will take steps to recover money you owe us. We may also recover from you for the costs of collecting payments, which may include: (a) the costs of visiting your Premises; (b) the costs of obtaining a warrant to enter your Premises and carrying this visit out; (c) the costs where your bank returns a cheque to us unpaid, or rejects a direct debit, because there is not sufficient money in your bank account; or (d the costs where we pay a third party to recover or collect late payment from you.
- If you experience any difficulty in paying the amounts due to us under the Agreement please contact us immediately so that we can, where appropriate, agree a payment plan or other arrangements with you.
- CHANGING THE AGREEMENT
- You may add to or reduce the Services you receive from time to time by contacting us. If you ask us to provide any extra Services to you, you agree to accept those additional Services for at least the Minimum Term that applies to them. If you ask us to reduce your level of Services within the Minimum Term for those Services, we may ask you to pay a fee depending on the Services being reduced and the remaining length of the Minimum Term.
- We may amend, vary or add to the terms of the Agreement at any time on giving you notice (by email or in writing). This notice will indicate where you may view or obtain a copy of the revised terms. If any variation, addition or amendment is unacceptable to you, you may end the Agreement in accordance with clause 13 (the unvaried Agreement applying during the relevant notice period) otherwise you will be deemed to have accepted the new Agreement. We may also amend these Standard Terms from time to time, the varied Standard Terms applying to any new Agreements entered into after the date of the variation.
- We may at any time improve, modify, amend or alter the terms of the Agreement and/or the Services if: (a) there is any change or amendment to any law or regulation which applies to us, or the Services; (b) we decide that the Services should be altered for reasons of quality of service or otherwise for the benefit of customers or, in our reasonable opinion, it is necessary to do so; (c) for security, technical or operational reasons; (d) if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or (e) in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the Services provided to you. However, you will have the right to cancel the affected Services or end the Agreement if the changes are significant in accordance with clause 13.
- We may change our charges and the way we charge at any time. Any changes to our monthly charges will be published by us on our Website and if the changes are significant we will do our best to give you notice of the change at least 30 days before they take effect. Any such notice and charges will state the date on which the change becomes effective and will be reflected on your next bill after the changes take effect.
- SUSPENDING SERVICES
- We may suspend any or all of the Services immediately without notice if: (a) you have broken any term of the Agreement (and in such an instance we reserve the right to reduce the level of Wireless Services affected); (b) you exceed any fair usage allowance applicable to the Wireless Services (and in such an instance we reserve the right to reduce the level of Wireless Services affected); (c) maintenance, repairs or improvements to any part of the Services or the System need to be carried out; (d) we have to do so by law or in line with a contract; (e) you go over any set credit limit on your account if applicable; (f) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services and/or the equipment or at any time during the provision of the Services; (g) we believe that you or another person at your Premises have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the Services or Equipment (or both); (h) we do not receive a signed copy of the Client Contract Form from you within 30 days of installing your Equipment and you first being provided with the Services; (i) you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; (j) in our reasonable opinion it is necessary to do so; (k) it is not reasonable or practicable, in all the circumstances, for us to continue to supply you with Wireless Services (including due to events outside our control); (l) you refuse to provide us with all the details that we require to register you for supply upon request; (m) there is an emergency, or we are required to do so by law; (n) your Wireless Services consumption is in excess of what we deem (acting reasonably) to be appropriate for a consumer; (o) we have good reason to suspect fraud or money laundering; (p) we have good reason to believe information you have given us is false or misleading; (q) your installation or use of Wireless Services interferes with the Wireless Services network or disturbs other customers; (r) you have used Wireless Services without permission or have stolen Wireless Services; or (s) you have asked us to.
- If the Wireless Services are reduced because of misuse, then during any period of reduction, you will remain liable for the full payment of your original level of charges. You must pay any reasonably incurred costs we ask for if we have to suspend your supply for any of the reasons outlined above. These costs may include the cost of visits to your Premises. If it is reasonable for us to supply you, we will reconnect your supply whenever any matter referred to above has been adequately resolved. You must pay us any reasonable costs in relation to your subsequent reconnection.
- Ending the Agreement
- You can cancel the Agreement during the 14 day Cooling Off Period, which begins on the date you accepted the Agreement on the phone, in person or online. To do this, simply [write, stating your name, address and contact number, indicating that you wish to cancel the Agreement, to Airfibre Limited, Banoge House, 17 Hall road Donaghcloney BT66 7LJ
- You may end this agreement at any time after the Minimum Term by giving us 30 days’ notice such notice not to expire sooner than expiry of the Minimum Term. You must pay any charges (including monthly usage charges) up to the end of that 30-day notice period.
- If we (a) increase our charges under the Agreement; (b) make significant changes to the Services so the Services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or (c) make significant changes to the terms and conditions of the Agreement (including the Other Terms), you may cancel those Services affected, or terminate the Agreement, without penalty by giving us at least 30 days’ notice. Such notice must be given within 30 days of the increase in charges or changes to the Services or this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the Services affected, or of termination of the Agreement, to us within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the Services and the Agreement and will no longer be able to cancel your Services or terminate the Agreement under this clause. If you cancel any Services or terminate the Agreement in these circumstances, the increased charges will not apply to those Services during the 30 day notice period.
- If we break the terms and conditions of the Agreement, you are free to end the Agreement with immediate effect by giving us notice. Fees May still apply.
- We may end the Agreement immediately by giving you notice if: (a) you have broken any term of the Agreement; (b) you exceed any fair usage allowance applicable to the Wireless Services; (c) we have to do so by law or in line with a contract; (d) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services and/or the Equipment or at any time during the provision of the Services; (e) we believe that you or another person at your Premises has committed, or may be committing, any fraud against us, and/or any other person or organisation by using the Services or Equipment (or both); (f) you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; (g) in our reasonable opinion it is necessary to do so, including for security, technical or operational reasons; (h) it is not reasonable or practicable, in all the circumstances, for us to continue to supply you with Wireless Services (including due to events outside our control); (i) you refuse to provide us with all the details that we require to register you for supply upon request; (j) there is an emergency, or we are required to do so by law; (k) your Wireless Services consumption is in excess of what we deem (acting reasonably) to be appropriate for a consumer; (l) we have good reason to suspect money laundering; (m) we have good reason to believe information you have given us is false or misleading; (n) your installation or use of Wireless Services interferes with the Wireless Services network or disturbs other customers; (o) you have used Wireless Services without permission or have stolen Wireless Services; (p) we give you 28 days’ notice of our intention to terminate the Agreement; (q) you have been declared bankrupt and are unable to pay your bills within the meaning of Article 103 of the Insolvency (Northern Ireland) Order 1989, enter into a scheme or arrangement with your creditors, or have a liquidator, receiver, administrative receiver, manager or examiner appointed in respect of your affairs; or (r) you have asked us to.
- When the Agreement ends or you cancel a Service, we will deactivate (permanently switch off) any relevant Equipment we supplied to you to provide the Services. You will no longer be able to use the Equipment.
- If you fail to return or make available for removal any item of Equipment which we may have supplied to you, you may have to pay extra charges for such Equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our Equipment or any additional costs or losses.
- If you move to another address within our service area, you may ask us to provide the Services to your new address. You must provide at least 30 days’ notice to do this, but we cannot guarantee we will be able to provide you with the Services at your new address. If we agree to provide the Services to your new address, you may have to pay a Service transfer charge. We will also send you a Client Contract Form for the Services at your new address and you will have to maintain the Services for the remainder of the Minimum Term. The Service Start Date for your new Minimum Term will be the date that the Services are installed at your new address. If we are unable to provide you with Services at your new Premises and you are within the Minimum Term, you will be liable for a £25 cancellation fee plus your normal monthly charge.
- If we end the Agreement because you have broken the Agreement (including where you have not paid the charges which you are liable to pay under the Agreement) during any relevant Minimum Term, we will be entitled to charge you an early disconnection fee of not less than £25 on top of any other charges you are liable to pay under the Agreement. Also, if we discover that you have received the benefit of Wireless Services from us without permission at any time, we will also be entitled to charge you for any relating to those Wireless Services.
- The ending of the Agreement will not affect any rights or duties which have accrued to either you or us before the Agreement ends.
- VISITING your Property
- You authorise us to install, keep and use apparatus (including but not limited to our Equipment) at your Premises and you agree that we and our employees, agents or contractors may enter your Premises so that we can: (a) carry out any work that is necessary for us to connect, maintain, alter, replace or remove any apparatus necessary for us to supply the Services you and others have asked for; and (b) inspect any apparatus and equipment which you may keep there.
- We agree to cause as little disturbance as reasonably possible when carrying out any work at your Premises. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your Premises.
- You agree not to do anything, or allow anything to be done, at your Premises that may cause damage to or interfere with any apparatus or prevent use or easy access to it.
- You confirm that you are: (a) the current occupier of the Premises; and (b) either the freeholder of the Premises or a tenant under a lease of 12 months or more.
- OUR LIABILITY TO YOU – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
- Our liability to you is limited as set out in clauses 2 to Error! Reference source not found. of these Standard Terms and as otherwise set out in the Agreement.
- We will only be liable to you for direct and reasonably foreseeable losses resulting from us breaking the terms of the Agreement, from our negligence, or from our breach of statutory duty.
- We will not be liable to you for: (a) any indirect loss or any loss which is not a reasonably foreseeable consequence of our or our agents’ negligence or breach of the Agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses); (b) lost or destroyed data or software; (c) any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we or any of our agents had been advised of the possibility of you incurring such loss; or (d) direct physical damage to your property (including any of your equipment upon which we have set up the Services) unless it has been caused by us or our agents’ negligence or the negligence of our or our agents’ employees, agents or contractors while acting in the course of their employment.
- When we carry out any obligation under the Agreement, our duty is to exercise the reasonable care and skill of a competent service provider only.
- We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the Wireless Services, or for transmitting or receiving, or failure to transmit or receive, any material through the Wireless Services.
- [Our total liability to you shall be limited to a maximum value of your monthly delivery charge you pay us or £100.00 (one hundred pounds sterling – whichever is lower) for any incident or series of related incidents in any calendar year.
- If you think your loss is likely to exceed £100.00 (one hundred pounds sterling), you may wish to consider taking out an insurance policy.
- Nothing in the Agreement affects legal liability of either us or you for death or personal injury caused by the relevant party’s negligence, for fraud or fraudulent misrepresentation, or for any liability which cannot be excluded or limited by relevant law, including under the Consumer Protection from Unfair Trading Regulations 2008 or the Consumer Contracts(Information, Cancellation and Additional Payments) Regulations
- Matters beyond our reasonable control
- Neither of us is liable where the Agreement is broken, or performance is delayed, due to events, circumstances or causes outside the reasonable control of the person breaking, or delayed in performing, the Agreement.
- Events beyond a person’s reasonable control may include, but are not limited to: (a) acts of God, flood, drought, earthquake or other natural disasters; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including failing to grant a necessary licence or consent; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); (i) any issues with the quality and/or continuity of the supply of Wireless Services; and [(j) any issues related to the performance of the Equipment or your equipment.
Any notices we give to you must be in writing and be delivered by hand, sent by fax, ordinary post to you at your Premises or sent electronically. Any notice period will start from the day on which the notice is delivered if it is delivered by hand, two working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent by fax or electronically.
- TRANSFER OF AGREEMENTS
The Agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under the Agreement without our written consent. For business reasons we may transfer any of our rights and responsibilities under this agreement without your permission. We will tell you as soon as we reasonably can if we transfer any rights or obligations. We may also subcontract anything we have agreed to do this under the Agreement but we will continue to be responsible for any acts or omissions of our subcontractors.
- THE LAW AND HOW YOUR COMPLAINTS ARE RESOLVED
- This Agreement will be governed by the laws of Northern Ireland and subject to the exclusive jurisdiction of the courts of Northern Ireland.
- We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame.
- If we need to contact you, we will use the contact details you have given us or made available to us through industry processes. If you need to contact us, please telephone our Customer Services Team on 02838 440038, email email@example.com or write to Customer Services, Airfibre Limited, Banoge House, 17 Hall road Donaghcloney BT66 7LJ,. This contact information may be amended or varied from time to time. The up-to-date information in this regard will be displayed on our website and on your bill.
- The headings in the Agreement are for convenience only and will not affect their interpretation.
- We can enforce any rights and obligations under the Agreement even if we are delayed in doing so.
- If we waive a breach of the Agreement by you, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by you of the same or any other provision.
- If a competent authority determines that any provision of the Agreement is invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected by that determination.
- Both parties shall take all reasonable steps (except where otherwise required by law) to keep confidential the contents of the Agreement and any information concerning the other party’s business which could reasonably be regarded as confidential and commercially sensitive.
The following capitalized terms used throughout these Standard Terms have the following special meanings:
Agreement means the legal agreement between you and us, consisting of the Standard Terms, the Other Terms, the Client Contract Form and any other document signed between you and us.
Client Contract Form means the form you signed and returned to us stating the services initially orders and key facts relating to the Agreement.
Cooling Off Period means a period of 14 calendar days following entry into the Agreement, during which time you may decide to terminate the Agreement.
Equipment means any telecommunications or other equipment we supply to you as an essential part of providing the services (including upgrades and replacements).
Internet Access means internet access, by way of high-speed wireless internet broadband connection.
Minimum Specifications has the meaning given to it in clause 3.8.
Minimum Term means the minimum term for which you must continue to avail of the relevant Service, starting from the Service Start Date. The Minimum Term for all Wireless Services is 12 months.
Normal Working Hours means 9am to 5pm Monday to Friday (excluding bank or public holidays in Northern Ireland). These hours are subject to revision from time to time.
Other Terms means any additional terms and conditions which may apply to the Agreement between you and us, as published by us on our Website, and as updated by us from time to time. If there is any conflict between the Other Terms and the terms and conditions in this document, the Other Terms will apply.
Premises means the property where we or you install apparatus (including but not limited to the equipment) and to which we agree to supply the services.
Service Start Date means the first date on which each Service is available for you to use or, where no installation is required, the earlier of the date your Service is activated or [seven/fourteen] days from the date you ordered the Services from us.
Services means any services which you may order, or which we may provide from time to time, including the Wireless Services and any new, extra or substitute services which we agree to supply you at a later date.
System means an electronic communications system or network.
Website means our website at www.airfibrenet.com or any other website address we may tell you about.
Wireless Services means the services we provide to bring you Internet Access.
The following rules of interpretation apply in these Standard Terms:
- Clause headings shall not affect the interpretation of the Agreement.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- Unless the context requires otherwise, words in the singular shall include the plural and in the plural shall include the singular.
- This agreement shall be binding on, and ensure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
- A reference to writing or written includes fax and email OR written mail or any other recognized manner accepted by Airfibre Limited.
- Any obligation on your or us not to do something includes an obligation not to allow that thing to be done.
- Any words following the terms including, include, in particular, for example or any similar expression shall be illustrative and shall not limit the words, description, definition, phrase or term preceding those terms.