Terms and Conditions

Broadband Service Terms for Residential Customers

These are the terms and conditions on which we supply our broadband services (“services”) to you. These terms and conditions apply if you are a consumer. You are a consumer if: a) you are an individual; and b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). In some areas you will have different rights under these terms depending on whether you have ordered a residential product or a business product. The name of the product you have ordered will indicate whether it is a residential product or a business product.

Please read these terms carefully. These terms tell you who we are, how we will provide our broadband services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

We are Jurassic Fibre Ltd, a company incorporated in England and Wales with company registration number 11427267. Our registered office is at 6th Floor, 33 Holborn, London EC1N 2HT.

You are our customer and your name and contact details will be as set out on the order confirmation that we email over to you when we accept your order (see clause 1.2 below). The address for delivery of the services is the address stated on the order confirmation. You confirm that you are not a business and are not intending to use our services wholly or mainly for business purposes. You will be responsible for paying the charges for our services in accordance with these terms.

How to contact us. You can contact us by telephoning our Customer Success Team at 01392 345600, by contacting us through our app, by emailing us at [email protected] or by writing to us at Jurassic Fibre Ltd, Sowton Business and Technology Centre, Capital Court, Bittern Road, Sowton, Exeter, EX2 7FW.

How we may contact you. If we need to contact you regarding your services, we will do so by phone, by writing to you at the email address or postal address you provided to us in your order or through our app. We may send customer service announcements to you by email, SMS text message or through our app. Please ensure that you tell us immediately if any of your contact details change.

Our terms and conditions for Jurassic Fibre FUT (Friendly User Trial) will apply to any free trial of the services that we offer to you.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails, SMS text messages and any messages sent through our app.

“Working days”. Where We use the phrase “working days” this excludes Saturdays, Sundays and public holidays.

1. Our Contract

1.1 How to place an order for our services. Residential customers can order our services either with one of our representatives in person or by phone, or through our website or app. We can only accept orders for areas where our services are available or, as we continue to build our network, are about to be available. We will notify you if our services are not available in your area at the time when you place your order or as soon as possible thereafter.

1.2 How we will accept your order. Our acceptance of your order will take place when we email your order confirmation to you 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 broadband services you have ordered which we agree to supply to you in accordance with these terms and conditions and any service level arrangements (“Service Level Agreement”) we have agreed to.

1.4 Contract Term. If you have ordered a residential product, your services will automatically continue on a monthly basis from the date that the services are activated, as detailed in clause 3.10 below. See clauses 9 and 11 below for how you or we may end this contract early.

1.5 Your right to cancel within 14 days. You have the right to cancel your order by contacting us within 14 days of the order confirmation being sent to you. You can do this by contacting our Customer Success Team through our app, by emailing [email protected], or by calling us on 01392 345600. Please note that if you request activation of your services within the 14 day cancellation period and we have started to provide the broadband services to you, you will have to pay us the cost of the broadband services you have received up to the point when you notify us of cancellation, including any costs associated with any installation services carried out. If we have provided you with any equipment to connect to our services, you must return and pay for the costs of return of that equipment to us within 14 days of cancelling the contract. If you fail to do so, we may charge you for the cost of any such equipment. The contract will not end until you have returned the equipment to us.

1.6 Satisfaction Guaranteed – residential products purchased on or before 31 July 2021 only. If you have placed an order for one of our residential products on or before 31 July 2021, in addition to your rights under clause 1.5 above, you will also have the right to cancel our services if you are not satisfied with your services by contacting us within 21 days of the date the services are activated (as detailed in clause 2.10 below). You can do this by contacting our Customer Success Team through our app, by emailing [email protected], or by calling us on 01392 345600 and letting us know why you are dissatisfied with your services. If you contact us to cancel within this period, and we are unable to remedy any issue in a manner that is satisfactory to you, we will refund any charges you have paid, and we will arrange to collect the Optical Network Terminator / router we installed at your property. You will be responsible for returning and paying for the costs of return of all other equipment we have supplied to you to connect the services in accordance with clause 5.3 below. Please note we will not be responsible for removing any equipment affixed to your property or for returning your property to its original condition before the equipment was installed and any repairs required will be your responsibility.

1.7 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.

1.8 We only operate in the UK. Our website and marketing material is solely for the promotion of our services in the UK.

2. Specific Terms for Business Products

The terms set out in this clause 2 only apply to customers who have purchased business products.

2.1 If you have ordered a business product, your contract with us may be subject to a Minimum Term. The length of any minimum term for the contract (“Minimum Term”) will be communicated or notified to you before you place your order and will also be shown on your order confirmation. Any such Minimum Term will start from the date that the services are activated, as detailed in clause 3.10 below (for new orders) or from the date of the order confirmation (for changes and upgrades). You must keep and pay for the broadband services for the whole of the agreed Minimum Term, unless you or we are allowed to end this contract earlier. See clauses 9 and 11 below for how you or we may end this contract early. We will contact you at least two months before the end of your Minimum Term to let you know that the Minimum Term is coming to an end. Your services will automatically continue on a monthly basis after expiry of the Minimum Term, unless you notify us at least 1 month before the end of the Minimum Term that you wish to end the contract at the end of the Minimum Term.

2.2 After the Minimum Term ends. The amount you pay for your broadband services will not change during the Minimum Term (except to pass on any changes in VAT under clause 4.5 below) unless you make any changes to the services that you have ordered. Your services will continue on a monthly basis after the Minimum Term, unless you choose to end the contract at the end of the Minimum Term, but price changes may apply in accordance with clause 4.3 below.

2.3 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 below) then we may charge you an early termination charge equal to the cost of installing and activating the services.

2.4 Payment of early termination charge. If you end the contract during any Minimum Term, we may charge this amount directly to your next bill. By entering this contract for a business product, you are authorising us to do this. We will give you reasonable notice in writing before making these charges. For further information about early termination charges, please contact us.

2.5 Ending the contract after the Minimum Term. If we are not at fault and none of the reasons listed in clause 9.2 apply, you must give us 1 month’s notice if you want to terminate after expiry of the Minimum Term. 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 service until 3 March. We will only charge you for supplying theservices up to 3 March.

3. Service Installation & Activation

3.1 Consents and Permissions. If you are the freehold owner of the property, you will be required to enter into an agreement allowing us access to the property in substantially the same form attached at Appendix A of these terms and conditions (“Access Agreement”) to enable us to provide the services. You will also be responsible for obtaining any other consents and permissions required to enable us to install, activate, inspect, maintain, alter or repair the services. If you are a tenant of the property, you will be required to procure that the freehold owner of the property enters into the Access Agreement with us and that the freehold property owner obtains any other consents and permissions required to enable us to install, activate, inspect, maintain, alter or repair the services. You acknowledge that if either you (where you are the freehold owner of the property) or the freehold owner of the property (where you are a tenant) fails to enter into the Access Agreement or you or the property owner fails to obtain the relevant consents and permissions then we will not be obliged to provide the services at the property.

3.2 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 our installation engineers to install and configure the equipment you need to use our services at a time which suits you (subject to the limitations set out in clause 3.5 below). All installation engineers work to our agreed standards, using approved equipment. Unless otherwise specified in these terms(particularly in clauses 3.5 and 3.6 below) or otherwise agreed with you, our installation and activation services are included within the price payable by you for the services and are provided at no additional charge to you. In the event you decide to use your own router, configuration of the router is outside the scope of the services. In the event the services include a Service Level Agreement, you will be required to you notify us using the method set out in the Service Level Agreement.

3.3 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. They will only use your contact details for these purposes and only in accordance with our Privacy and Cookie Policy available on our website or from our Customer Success team. You will also have their contact details, including a photo of your installation engineer, so that you can verify that the correct person has arrived to install your services. You can also contact our Customer Success Team at any time if you have a query about your installation.

3.4 Access to your property. You agree to allow us to access your property in order to install and activate the services and to otherwise provide the services to you. If you do not allow us to access your property as arranged (and you do not have a good reason for this) the installation may be cancelled. We will contact you to try and re-arrange access to your property but if despite our reasonable efforts we are unable to contact you or re-arrange access, we may terminate this contract and charge you reasonable compensation for any costs we may have incurred to date in relation to your contract.

3.5 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. Non-standard installations are sometimes outside the scope of our free installation service and will require a separate on-site visit by an installation engineer who will prepare a written estimate of the installation cost. If applicable, we will discuss the installation cost with you before we accept your order and 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 services can be delivered to you according to your order. The agreed installation charge will be taken upfront when your order is confirmed.

3.6 Weekend Installations. Our installation engineers are typically able to arrange appointments between 8am-5pm, Monday to Friday. If you do require an installation at the weekend or outside normal working hours, we may be able to arrange this for a cost which will be notified to you when you arrange your appointment. This cost will be calculated to cover the costs of sending both engineers to you outside of working hours and may depend on the length and complexity of your installation. These charges will be taken upfront when your order is confirmed. For more information please contact our Sales Team.

3.7 The installation engineer will carry out a risk assessment before commencing work. If the installation engineer 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.

3.8 Changes to your requirements. Please note that if you change your requirements (including making changes to the route or term of the contract), 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 installation engineer will inform us, and we will discuss and agree with you how to proceed and any charges which may apply.

3.9 If the installation cannot be carried out as arranged. The installation engineer will do everything possible to carry out your installation at the arranged time, but if it is not possible to carry out or continue with the installation because of safety issues, the complexity or the materials required, the installation engineer 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 in connection with such further appointment. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property or if you do not accept that a further appointment will be required we may terminate the contract and charge you reasonable compensation for any costs we may have incurred to date in relation to your contract.

3.10 Activation Date. Once your order is confirmed and the services are installed (if applicable) we will activate your services (your “Activation Date”).

4. Our charges and your payments

4.1 How we calculate our monthly charges. The amount you pay for our broadband services depends on the level of services you have ordered and is shown as a monthly amount, including VAT, on your order confirmation. Payments must be made by instant card payment. Any installation charges will be charged as an additional upfront payment. Your first payment will be taken within 5 working days after your service is activated, and on the same day of each month thereafter.

4.2 Rolling Term – residential products only. If you have ordered a residential product, your services will start on theActivation Date and will continue on a monthly basis, unless and until you choose to end the contract. To understand how to end this contract and the rights and responsibilities you have, please read clause 9.

4.3 Price Changes. We may review our charges at any time, but any price changes (except to pass on any changes inVAT under clause 4.5 below) will not apply to contracts which are still within any Minimum Term (unless you have made any changes to the services that you have ordered). If our prices are to change, we will give you at least 1 month’s notice and you will be entitled to contact us to terminate our contract in the event that you do not agree to accept our price changes (see clause 9 below).

4.4 Changes, Extras and Upgrades. If you decide to change your services, we will tell you what your new monthly charges will be and ask you to confirm that you accept those.

4.5 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 for the services and show this on your bill.

4.6 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.

4.7 If you do not pay. If you do not pay us for our services when you are supposed to then we will notify you and make two further attempts to collect payment. If you still do not make payment within 5 days of your first such notification, we may 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. If payment is still not received 10 days or more after we notify you that the payment is due, we will consider the contract to be broken and may physically disconnect your services and end the contract (and clause 11.2 will apply). If this happens during any Minimum Term, you will be responsible for payment of any costs associated with installation of the services. We will not suspend the services where you validly dispute an unpaid invoice.

4.8 We can charge interest if you pay late. Without affecting our rights set out in clause 4.7 above, 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, together with any reasonable costs incurred by us in collecting such overdue amount. 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 and any reasonable costs incurred by us in collecting such overdue amount.

4.9 What to do if you think we have made a mistake in our charges. If you think an invoice 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 may charge you interest on correctly invoiced sums from the date the dispute is resolved until the date of actual payment.

5. Using our services

5.1 Acceptable use. When using our services, you agree to abide by our Acceptable Use Policy available on our website or from our Customer Success Team. 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 theservices 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 services or end our contract. 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.

5.2 Liability for breach of Acceptable Use Policy. You agree that you are responsible for all use of the services under this contract, 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 and home network to people you trust, and you must accept responsibility for their use of our services.

5.3 Equipment. The router and any other 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 and in accordance with any instructions that we provide to you. You should also ensure that you are aware of the installation route of the network apparatus across your property and draw this to the attention of any third-party doing work on your property. If youreport a fault which we trace within your property, we will make an appointment to carry out repairs or replace faulty equipment but if, in the reasonable opinion of the engineer, the fault was caused by damage caused to the equipment or the network apparatus, then a charge may be made. If you or we cancel your contract then any equipment we supply to you to connect the services must be returned to us in good working order at your cost. If you fail to do so, we may charge you for the cost of any such equipment or for any damage caused to the equipment. (Please note, if you cancel the contract in the circumstances set out at clause 1.6 above, then we will arrange to collect the Optical Network Terminator / router we installed at your property.)

5.4 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 1 working day.

5.5 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 speed may vary from time to time. In addition, the speed and limitations of Wi-Fi (your router position, wall thickness, device capability etc) may affect the actual speed that you experience. In larger homes or certain types of building, additional equipment may be required to ensure this bandwidth is available as a Wi-Fi signal throughout the home. This additional equipment can be supplied at a cost and may be recommended to you by your installation engineer. We are not responsible for any reduction in speed caused by your own devices or equipment, for example antivirus software causing slow speeds on a computer or phone. If you are consistently receiving slower speeds than your subscription allows, please contact our Customer Success Team through our app, by emailing [email protected], or calling us on 01392 345600.

5.6 How to tell us about problems. If you have any questions or complaints about our broadband services, please contact our Customer Success Team through our app, by emailing [email protected] ,or calling us on 01392 345600.

5.7 IP addresses. Unless you arrange with us to have a static IP address (note: only applies to customers who have purchased business products and 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-exclusive, non-transferable licence during the term of the contract to use the internet addresswhile you receive internet access from us which will end if this contract ends.

5.8 Our services. We aim to carry out our services for you with reasonable skill and care. However, we cannot guarantee that our services will be available at all times, error free and/or without minor defects.

5.9 Compliance with laws. We will comply with all applicable laws, regulations and codes of practice when providing the services to you.

5.10 KidSafe product. Our KidSafe product is an optional extra that is supplied as part of our services at no extra cost. It helps protect children from unsuitable content, chatrooms and websites that can be found on the internet. The KidSafe network uses information from the IWF (Internet Watch Foundation) database, that is updated hourly to maintain its integrity, and returns a landing page to the user when any URL is requested that is blacklisted. It is your responsibility to determine whether any of the content accessed via our services is appropriate for children or anyone else in your household or office to view or use. Our KidSafe feature can be enabled to help mitigate the risks of children using our services however, this is done at your sole discretion and you take full responsibility for anyone’s use of our services.

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; and/or

(c) to make changes to the services as requested by you or notified by us to you (see clause 7).

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, SMS or through the app prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency.

6.3 Your rights if we suspend the service because of your actions

We may have to suspend the supply of your services:

(a) if you do not pay us when you are supposed to (see clause 4.7);

(b) if you misuse our network or do not comply with our Acceptable Use Policy (see clause 4); and/or

(c) if you break our contract, or any laws which apply to your use of our network.

6.4 If we suspend the services because of your actions you must still pay for the services during the period of suspension and 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 loss and damage caused by our negligence. 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 when providing the services, but we are not responsible for any loss or damage that is not foreseeable. 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. We are not responsible for any loss or damage to your own equipment caused by the use of our services to access the internet.

7.2 You are responsible for your own 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 with our services or because of faults in any 3rd party networks over which we have no responsibility.

7.3 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.

7.4 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 supplied with reasonable skill and care.

7.5 We are not liable for business or consequential losses. The services provided to you under this contract are only for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.6 Events beyond our reasonable control. We are not responsible to you for any delay, failure, damage or loss caused by events or circumstances beyond our reasonable control such as acts of God, flood or other natural disaster, epidemic or pandemic, terrorist attack, civil commotion or riots, war or armed conflict (actual or threatened), contamination (including chemical or biological), loss of electricity, power or telecommunications service, shortagesof materials or equipment, failures within our supply chain (not caused by us), collapse of structures or blockages, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts and any change in law or action taken by a government or public authority.

8. Changes to our contract

8.1 Your right to make changes. You may make changes to the services you have ordered via our app. Alternatively, please contact our Customer Success Team through the app, by emailing [email protected],
or by calling us on 01392 345600. 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, including any changes to these terms,and ask you to confirm whether you wish to go ahead with the change.

8.2 Minor changes to the services. We may change the services:

(a) to reflect changes in relevant laws and regulatory requirements; and/or

(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 4.3) 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.

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 – 9.3 (for residential products) and in clauses 2.3 – 2.5 above (for business products). For more information on your rights to end the contract during the applicable initial cancellation period see clauses 1.5 and 1.6 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 in paragraphs (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). These reasons include:

(a) we have told you about a significant upcoming change to the services or these terms under clause 8.3 above which you do not agree to (including a change to our prices outside the Minimum Term – see clause 4.3) and you have given us notice to end the contract;

(b) we have made an error in the price or description of the broadband services you have ordered, and you do not wish to proceed;

(c) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 working days; or

(d) you have a legal right to end the contract because we have materially breached the contract.

9.3 Ending the contract because you have changed your mind – residential products only. If we are not at fault and none of the reasons listed in clause 9.2 apply, you must give us 1 month’s notice if you want to terminate 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 service until 3 March. We will only charge youfor supplying the services up to 3 March.

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 through our app, or by emailing [email protected].

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 within the applicable initial cancellation period in accordance with clause 1.5 or 1.6, then any refund due to you will be made within 14 days of your telling us you have changed your mind.

11. Our rights to end the contract

11.1 We may end the contract if you break it. We may end our contract at any time by writing to you if:

(a) you do not make payments to us when they are due, and you still do not make payment within 12 days of us reminding you that payment is due (see clause 4.7);

(b) you use our network in breach of our Acceptable Use Policy or do any of the things described in clause 5.1; or

(c) you do not, within a reasonable time, allow us access to your property to install, activate and supply the services;

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, including costs of installation and interest payable on overdue charges (see clause 4.8). If we have to end the contractduring any Minimum Term because you have broken it, we are entitled to charge you the cost of installing and activating the services.

12. Privacy & Data Protection

12.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy Policy which is available for you to read on our website.

12.2 Please note that we may monitor and record phone conversations which you have with us so that we can shape our training and compliance.

12.3 We can only discuss your account with you. If you would like someone else to discuss your account with us, you will need to confirm this at the time over the telephone. If this is not possible or you would like someone else to have longer term consent to discuss your account, you will need to complete and sign a Third-Party Consent form available from our Customer Success team and send this to us. If you send us a Third-Party Consent form, then it will be your responsibility to let us know if you no longer wish for that person to have consent.

13. Other important terms

13.1 We may transfer this contract to someone else. We may transfer our rights and obligations under the contract 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.

13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the contract to another person if we agree to this in writing. Both parties (you and the person you are transferring the contract to) will need to speak to us by phone to confirm your consent for this to happen. In these cases, an upfront payment of the first month’s bill will be required from the person you are transferring the contract to in order for us to agree to the transfer. If you are moving house, please contact us.

13.3 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.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

13.5 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.

13.6 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 and Welsh courts.

13.7 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 Policy available on our website or from our Customer Success team for more information about how we handle complaints and the Ombudsman service available. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

HomePhone Service Terms for Residential Customers

These are the terms and conditions on which we supply our HomePhone services (“services”) to you. These terms and conditions apply if you are a consumer. You are a consumer if: a) you are an individual; and b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Please note that these terms only apply to our HomePhone services and do not apply to any broadband services that you may order from us (please see our website or contact us (see ‘How to contact us’ below) for a copy of the terms that apply to such broadband services).

Please read these terms carefully. These terms tell you who we are, how we will provide our HomePhone services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

We are Jurassic Fibre Ltd, a company incorporated in England and Wales with company registration number 11427267. Our registered office is at 6th Floor, 33 Holborn, London EC1N 2HT.

You are our customer and your name and contact details will be as set out on the order confirmation that we email over to you when we accept your order (see clause 1.2 below). The address for delivery of the services is the address stated on the order confirmation. You confirm that you are not a business and are not intending to use our services wholly or mainly for business purposes. You will be responsible for paying the charges for our services in accordance with these terms.

How to contact us. You can contact us by telephoning our Customer Success Team at 01392 345600, by contacting us through our app, by emailing us at [email protected] or by writing to us at Jurassic Fibre Ltd, Sowton Business and Technology Centre, Capital Court, Bittern Road, Sowton, Exeter, EX2 7FW.

How we may contact you. If we need to contact you regarding your services, we will do so by phone, by writing to you at the email address or postal address you provided to us in your order or through our app. We may send customer service announcements to you by email, SMS text message or through our app. Please ensure that you tell us immediately if any of your contact details change.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails, SMS text messages and any messages sent through our app.

“Working days”. Where we use the phrase “working days” this excludes Saturdays, Sundays and public holidays

1. Our Contract

1.1 How to place an order for our services. You can order our services either with one of our representatives in person or by phone, or through our website or app. We can only accept orders for our HomePhone services if you are one of our existing broadband customers or if you are ordering broadband services from us at the same time.

1.2 How we will accept your order.
Our acceptance of your order will take place when we email your order confirmation to you 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 HomePhone services you have ordered, including the features and limitations applicable to such services, which we agree to supply to you in accordance with these terms and conditions and any additional terms as set out or referred to in your order confirmation.

1.4 Contract Term. Your services will automatically continue on a monthly basis from the date that the services are activated, as detailed in clause 2.1 below. See clauses 8 and 10 below for how you or we may end this contract early.

1.5 Your right to cancel within 14 days. You have the right to cancel your order by contacting us within 14 days of your service activation. You can do this by contacting our Customer Success Team through our app, by emailing [email protected], or by calling us on 01392 345600. Please note that if you request cancellation of your services within the 14 day cancellation period, you will be liable for the cost of the broadband services you have received up to the point when you notify us of cancellation, including any costs associated with any installation services carried out. If we have provided you with any equipment to connect to our services, you must return that equipment to us within 30 days of cancelling the contract. If you fail to do so, we may charge you for the cost of any such equipment. The contract will not end until you have returned the equipment to us.

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 services in the UK.

2. Our Services

2.1 Activation. In order for the services to be activated, you will need to connect your handset(s) to your home router telephone port. We will then contact you to let you know when your services have been activated (your “Activation Date”). Please note that our HomePhone services cannot be activated until your broadband services have been installed and activated.

2.2 Equipment. Unless otherwise specified in your order confirmation, you are responsible for providing any equipment required to connect to the services at your own cost and expense.

2.3 Access to your property. You agree to allow us to access your property in order for us to perform the services (for example, to enable one of our engineers to replace faulty equipment). If you do not allow us to access your property as arranged (and you do not have a good reason for this), we may charge you additional 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 and clause 10.2 will apply.

2.4 Porting your number to us. If you would like to transfer your existing number from another telephone provider, you will need to provide us with your full name, address and telephone number. You will also need to complete and return a letter of authority to us which will grant permission to your existing provider to release your telephone number to us. We will assign a temporary telephone number to you while you wait for your existing telephone number to be transferred. You must respond to any requests for further information from us in relation to a porting request within 24 hours. If you do not respond within such period your porting request may be cancelled. Please do not cancel your existing telephone service with your existing provider until the porting of your number is complete. Cancelling your existing service before your number has been transferred will cancel the transfer process. While we will use reasonable endeavours to arrange for your existing number to be transferred, we cannot guarantee that your number can be transferred. If it is not reasonably practicable for your existing number to be transferred, for example if we do not have a porting agreement with your existing provider, we will provide you with a new number(s). Where your number can be transferred, the process usually takes between 8-12 days, however it can take up to 4 weeks or longer in some circumstances. You acknowledge that where a number is to be ported away from another provider, this may result in termination of the line on which the number was previously allocated.

2.5 Porting your number to a new provider. You may also port numbers away from us to other carriers with whom we have porting agreements. We are not able to guarantee the transfer of numbers to other providers as this is dependent on us having a porting agreement with the new provider in question.

2.6 Caller location information. We maintain an emergency services database setting out the geographic position of our customers’ terminal equipment; you must provide us with these details when you subscribe to our HomePhone services. This allows emergency services to obtain your caller location in the event you make a call to such emergency services. You are responsible for providing your full name, address and landline number to us and for updating us if your details change to enable us to update and maintain our emergency services database. If you do not keep your details up to date, you acknowledge that (a) the emergency services will not be in possession of your location or may be in possession of an incorrect location; and (b) that in the event that a call is disconnected or dropped, they will not be able to call you back unless you have provided them with the information on the call.

2.7 Special numbers. You can make calls to the following telephone numbers without incurring any charges or using up any of your minutes. You can also make calls to these numbers if you have used up all the minutes in your service bundle: emergency services (999, 112, 111, 119, 101 and 105), numbers beginning with 0800, 0808 and 0500, 1471 and 1571, and calls to our Customer Success Team (see ‘How to contact us’ above).

2.8 Access to emergency services. We cannot guarantee that our services will be available at all times and, in the event of a service outage such as an outage of your broadband connection or the public internet or power cut at your location, and accordingly, you acknowledge that in these circumstances you will not be able to make or receive calls through our HomePhone services, including to emergency services. You are responsible for ensuring that you have access to an alternative means of communication in the event of an emergency, for example a mobile phone, and for ensuring that the coverage provided by that means of communication is adequate. In order to receive our HomePhone services, you will need to confirm that you live in a geographic area with reasonable mobile phone coverage (meaning that you are able to make and receive calls with acceptable quality).

2.9 Out of bundle calling. You cannot make calls using our services to telephone numbers that are not listed in your service bundle, as set out in your order confirmation.

2.10 Unavailable numbers.
Telephone numbers beginning with 084, 087 and 09 are not available as part of our service bundles and you cannot make calls to these numbers using our services.

2.11 Telephone directory.
Where you provide your consent, we will include your personal data (your full name, address and telephone number) in a telephone directory.

2.12 Security incidents. We have internal policies and procedures in place setting out the action we will take in the event of a security or integrity incident or threat or a vulnerability in our services. The action we take will be determined following an investigation into the nature, source and impact of the incident, and may include the suspension of the services in accordance with clause 5.1 below.

2.13 If your broadband contract with us ends. If your contract with us for broadband services is terminated or expires for any reason, this contract for HomePhone services will also terminate automatically in accordance with clause 10.3(b) below.

2.14 If your contract with us ends. If your contract with us ends for any reason, you will automatically, immediately, and irrevocably, lose access to any phone numbers relating to the service unless you have arranged to port your number away in accordance with clause 2.5.

3. Our charges and your payments

3.1 How we calculate our monthly charges. The amount you pay for our HomePhone services depends on the level of services you have ordered and is shown as a monthly amount, including VAT, on your order confirmation. Payments must be made by instant card payment. If you are a new customer, your first payment will be taken within 5 working days after your service is activated, and on the same day of each month thereafter. If you are one of our existing broadband customers, your first payment will be taken on your next broadband service payment date, and on the same day of each month thereafter.

3.2 Rounding up. We will provide a call log showing the duration of your calls as part of your bill. Your call log will be rounded up to the nearest second. For example, a call duration of 16.880 seconds would be rounded up to 17.000 seconds.

3.3 Rolling Term. Your services will start on the Activation Date and will continue on a monthly basis, unless and until you choose to end the contract. To understand how to end this contract and the rights and responsibilities you have, please read clause 8.

3.4 Price changes. We may review our charges at any time. If our prices are to change, we will give you at least 1 month’s notice and you will be entitled to contact us to terminate our contract in the event that you do not agree to accept our price changes (see clause 8 below). The HomePhone section of our website includes up to date details about our service packages and prices.

3.5 Changes, Extras and Upgrades. If you decide to change your services, we will tell you what your new monthly charges will be and ask you to confirm that you accept those. If you confirm that you wish to upgrade your services, your services will be upgraded as soon as possible and your new charges will be activated from the beginning of your next billing cycle. If you confirm that you wish to downgrade your services, you will continue to receive your existing services until the end of the current billing cycle. Your new service package and charges will be activated from the beginning of your next billing cycle.

3.6 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 for the services and show this on your bill.

3.7 3rd party charges. We are not responsible or liable for any 3rd party charges from other organisations (such as electricity providers) which you may incur while using the services.

3.8 If you do not pay. If you do not pay us for our services when you are supposed to then we will notify you and make two further attempts to collect payment. If you still do not make payment within 5 days of your first such notification, we may 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. If payment is still not received 10 days or more after we notify you that the payment is due, we will consider the contract to be broken and may physically disconnect your services and end the contract (and clause 10.2 will apply). We will not suspend the services where you validly dispute an unpaid invoice.

3.9 We can charge interest if you pay late. Without affecting our rights set out in clause 3.8 above, 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, together with any reasonable costs incurred by us in collecting such overdue amount. 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 and any reasonable costs incurred by us in collecting such overdue amount.

3.10 What to do if you think we have made a mistake in our charges. If you think an invoice 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 may charge you interest on correctly invoiced sums from the date the dispute is resolved until the date of actual payment.

4. Using our services

4.1 Acceptable use. When using our services, you agree to abide by our Acceptable Use Policy available on our website or from our Customer Success Team. You may only use our services for lawful purposes. 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 services or end our contract.

4.2 Liability for breach of Acceptable Use Policy. You agree that you are responsible for all use of the services under this contract, whether you gave your permission or not, and you must keep access to the services safe from unauthorised use. 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. You should only allow access to your HomePhone service to people you trust, and you must accept responsibility for their use of our services. If you become aware of any unauthorised use, you must notify us immediately and change any password(s) and any other security devices.

4.3 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 1 working day.

4.4 How to tell us about problems. If you have any questions or complaints about our services, please contact our Customer Success Team through our app, by emailing [email protected], or calling us on 01392 345600.

4.5 Vulnerable customers. We provide additional assistance to our vulnerable customers including assistance during our order process and prioritisation of fault resolution services. If you consider that you are a vulnerable customer, or if your circumstances change during the term of our contract such that you subsequently consider yourself to be a vulnerable customer, please let us know. Further information can be found in our Accessibility and Vulnerability Policy on our website. Please see clause 11.3 for details about our Third Party Consent Form.

4.6 Our services. We aim to carry out our services for you with reasonable skill and care. However, we cannot guarantee that our services will be available at all times, error free and/or without minor defects.

4.7 Compliance with laws. We will comply with all applicable laws, regulations and codes of practice when providing the services to you.

5. Suspending the services

5.1 Suspending the services because of our actions

We may have to suspend the supply of your services:

(a) to deal with technical problems or attacks or make minor technical changes;

(b) to update the services to reflect changes in relevant laws and regulatory requirements; and/or

(c) to make changes to the services as requested by you or notified by us to you (see clause 7).

5.2 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, SMS or through the app prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency.

5.3 Your rights if we suspend the service because of your actions

We may have to suspend the supply of your services:

(a) if you do not pay us when you are supposed to (see clause 3.8);

(b) if you misuse our services or do not comply with our Acceptable Use Policy (see clause 4);

(c) if you break our contract, or any laws which apply to your use of our services; and/or

(d) if we suspend your broadband services for any reason.

5.4 If we suspend the services because of your actions you must still pay for the services during the period of suspension and we may charge you for re-activating your services at the end of the period of suspension.

6. Our responsibility

6.1 We are responsible to you for loss and damage caused by our negligence. 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 when providing the services, but we are not responsible for any loss or damage that is not foreseeable. 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.

6.2 You are responsible for your own equipment. We are not responsible if you are not able to use the services because your equipment (for example, any phone handset or other equipment) does not work properly with our services or because of faults in any 3rd party networks over which we have no responsibility.

6.3 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 supplied with reasonable skill and care.

6.4 We are not liable for business or consequential losses. The services provided to you under this contract are only for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.5 Events beyond our reasonable control.
We are not responsible to you for any delay, failure, damage or loss caused by events or circumstances beyond our reasonable control such as acts of God, flood or other natural disaster, epidemic or pandemic, terrorist attack, civil commotion or riots, war or armed conflict (actual or threatened), contamination (including chemical or biological), loss of electricity, power or telecommunications service, shortages of materials or equipment, failures within our supply chain (not caused by us), collapse of structures or blockages, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts and any change in law or action taken by a government or public authority.

7. Changes to our contract

7.1 Your right to make changes. You may make changes to the services you have ordered via our app. Alternatively, please contact our Customer Success Team through the app, by emailing [email protected], or by calling us on 01392 345600. 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, including any changes to these terms, and ask you to confirm whether you wish to go ahead with the change.

7.2 Minor changes to the services. We may change the services:

(a) to reflect changes in relevant laws and regulatory requirements; and/or

(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.

7.3 More significant changes to the services and these terms. In addition, we may make changes to our prices (see clause 3.4) 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.

8. Your rights to end the contract

8.1 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 8.2 – 8.3. For more information on your rights to end the contract during the applicable initial cancellation period see clause 1.5 above. Clause 9 explains what you need to do to end the contract.

8.2 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 in paragraphs (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). These reasons include:

(a) we have told you about a significant upcoming change to the services or these terms under clause 7.3 above which you do not agree to (including a change to our prices – see clause 3.4) and you have given us notice 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 supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 working days; or

(d) you have a legal right to end the contract because we have materially breached the contract.

8.3 Ending the contract because you have changed your mind. If we are not at fault and none of the reasons listed in clause 8.2 apply, you must give us 1 month’s notice if you want to terminate 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 service until 3 March. We will only charge you for supplying the services up to 3 March.

9. How to end the contract with us

9.1 Tell us you want to end the contract. To end the contract with us, please contact us through our app, or by emailing [email protected].

9.2 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 within the applicable initial cancellation period in accordance with clause 1.5, then any refund due to you will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end our contract at any time by writing to you if:

(a) you do not make payments to us when they are due, and you still do not make payment within 10 days of us reminding you that payment is due (see clause 3.8);

(b) you use our services in breach of our Acceptable Use Policy or do any of the things described in clause 4.1; or

(c) you do not, within a reasonable time, allow us access to your premises to supply the services (where applicable).

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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, including interest payable on overdue charges (see clause 3.9).

10.3 Our other rights to end the contract. We may also end our contract:

(a) at any time by writing to you if:

i. we cease to be authorised to provide the services, or if our authorisation to provide the services is revoked or modified in any way which has a material impact on our ability to provide any part of the services; or

ii. we decide to stop providing the services (or if we decide to stop providing the particular service that you have purchased),

and, where reasonably possible, we will provide you with at least 30 days’ notice before ending the contract for these reasons and will refund any sums you have paid in advance for services which will not be provided; or

(b) with immediate effect if your contract for broadband services with us is terminated or otherwise expires.

11. Privacy & Data Protection

11.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy Policy which is available for you to read on our website.

11.2 Please note that we may monitor and record phone conversations which you have with us so that we can shape our training and compliance.

11.3 We can only discuss your account with you. If you would like someone else to discuss your account with us, you will need to confirm this at the time over the telephone. If this is not possible or you would like someone else to have longer term consent to discuss your account, you will need to complete and sign a Third Party Consent form available from our Customer Success Team and send this to us. If you send us a Third-Party Consent form, then it will be your responsibility to let us know if you no longer wish for that person to have consent.

12. Other important terms

12.1 We may transfer this contract to someone else. We may transfer our rights and obligations under the contract 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.

12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the contract to another person if we agree to this in writing. Both parties (you and the person you are transferring the contract to) will need to speak to us by phone to confirm your consent for this to happen. In these cases, an upfront payment of the first month’s bill will be required from the person you are transferring the contract to in order for us to agree to the transfer. If you are moving house, please contact us.

12.3 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.

12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

12.5 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.

12.6 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 and Welsh courts.

12.7 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 Policy available on our website or from our Customer Success Team for more information about how we handle complaints and the Ombudsman service available. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Broadband Service Terms for Business Customers

These are the terms and conditions on which we supply our broadband services (“Services”) to you. These terms and conditions apply if you are a business customer intending to use our Services wholly or mainly for business purposes, and whether you have purchased a business or residential product. They do not apply if you are a consumer.

We are Jurassic Fibre Ltd, a company incorporated in England and Wales with company registration number 11427267. Our registered office is at 6th Floor, 33 Holborn, London EC1N 2HT.

You are our customer and your name and contact details will be as set out on the Order Confirmation (as defined in clause 1.2 below). The address for delivery of the Services (“Site”) is the address stated on the Order Confirmation.

How to contact us. You can contact us by telephoning our Customer Success Team at 01392 345600, by contacting us through our app, by emailing us at [email protected] or by writing to us at Jurassic Fibre Ltd, Sowton Business and Technology Centre, Capital Court, Bittern Road, Sowton, Exeter, EX2 7FW.

How we may contact you. If we need to contact you regarding your Services, we will do so by phone or by writing to you at the email address or postal address set out in the Order Confirmation. We may send customer service announcements to you by email, SMS text message or through our app (if applicable). Please ensure that you tell us immediately if any of your contact details change.

Our terms and conditions for Jurassic Fibre FUT (Friendly User Trial) will apply to any free trial of the services that we offer to you.

The following definitions and rules of interpretation apply in these terms and conditions:

Agreement” means these terms and conditions, the Order Confirmation (as defined in clause 1.2 below) and our Acceptable Use Policy (as available on our website).

“Working days” excludes Saturdays, Sundays and public holidays.

A reference to “writing” or “written” includes emails, SMS text messages and any messages sent through our app.

1. Order Process

1.1 Placing an order. We can only accept orders for areas where our Services are available or, as we continue to build our network, are about to be available. We will notify you if our Services are not available in your area at the time when you place your order or as soon as possible thereafter.

1.2 How we will accept your order. Our acceptance of your order will take place when we email your order confirmation to you (“Order Confirmation”) at which point this Agreement will become effective.

1.3 Quotes. Any quotation given by us shall not constitute an offer and is only valid for a period of 30 days from its date of issue, unless otherwise agreed.

1.4 Your customer number. We will assign a customer number to your Order Confirmation. Please use this customer number whenever you contact us.

1.5 We only operate in the UK. Our website and marketing material is solely for the promotion of our Services in the UK.

2. Services

2.1 Condition Precedent. Our obligations under this Agreement are subject to completion by us of a survey of your Site to our satisfaction.

2.2 Services. The Order Confirmation contains all the details of the Services you have ordered which we agree to supply to you in accordance with these terms and conditions and any service level arrangements (“Service Level Agreement”) we have agreed to. The Services shall either be provided by way of standard dedicated internet access (or leased line internet or point to point connection) services (“DIA”) or standard broadband services (“Broadband”), as specified in the Order Confirmation. If we have agreed to provide a Service Level Agreement in connection with a DIA Service, the terms set out at clause 5 below will apply.

2.3 Minimum Term. The Agreement will be subject to a minimum term (“Minimum Term”), as set out in your Order Confirmation. The Minimum Term will start from the Activation Date (as defined in clause 4.9 below) (for new orders) or from the date of the Order Confirmation (for changes and upgrades) and will continue for the whole of the agreed Minimum Term, unless you or we are entitled to terminate this Agreement earlier in accordance with the terms of this Agreement. Your Services will automatically continue on a monthly basis after expiry of the Minimum Term, unless you notify us at least 1 month before the end of the Minimum Term that you wish to terminate the Agreement at the end of the Minimum Term.

2.4 IP Addressing. We cannot guarantee that an IP address can be made available to you as part of the Services and the provision of an IP address is within our sole discretion. Additional charges may apply to the provision of an IP address. Unless we have agreed to provide you with a static IP address, 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-exclusive, non-transferable licence during the term of the Agreement to use the internet address while you receive internet access from us which will end if this Agreement ends.

3. Customer Premises Equipment (“CPE”)

3.1 For the purposes of this clause 3, the “Demarcation Point” means an ethernet port on a CPE of our choice that we deem appropriate to deliver the speeds and the Services ordered. You shall be responsible for the installation, maintenance and support of all hardware located beyond the Demarcation Point. You are responsible for your equipment in accordance with clause 7.5.

3.2 All devices will be connected to our network via the ethernet port on the demarcation device.

3.3 All Broadband Services and DIA Services include the provision by us of a CPE of our choice that we deem appropriate to deliver the speeds and the Services ordered. We reserve the right to substitute any CPE as required based on availability of hardware from our suppliers.

3.4 In the event you decide to use your own router, configuration of the router is outside the scope of the Services.

4. Service Installation & Activation

4.1 Consents and Permissions. If you are the freehold owner of the Site, you will be required to enter into an agreement allowing us access to the Site in substantially the same form attached at Appendix A of these terms and conditions (“Access Agreement”) to enable us to provide the Services. You will also be responsible for obtaining any other consents and permissions required to enable us to install, activate, inspect, maintain, alter or repair the Services. If you are a tenant of the Site, you will be required to procure that the freehold owner of the Site enters into the Access Agreement with us and that the freehold owner obtains any other consents and permissions required to enable us to install, activate, inspect, maintain, alter or repair the Services. You acknowledge that if either you (where you are the freehold owner of the Site) or the freehold owner of the Site (where you are a tenant) fails to enter into the Access Agreement or you or the Site owner fails to obtain the relevant consents and permissions then we will not be obliged to provide the Services at the Site.

4.2 Arranging the network installation. When the connection point outside your Site is live, we will notify you in writing as to the date when one of our installation engineers will attend your Site to install and configure the equipment you need to use our Services. All installations will be undertaken on a Working Day. All installation engineers work to our agreed standards, using approved equipment.

4.3 Preparation of the Site. You shall, prior to installation and at your own expense:

a) ensure that the Site is prepared in accordance with any instructions provided by us;

b) obtain all necessary licences, consents and regulatory approvals required for installation and use of our equipment at the Site, including in respect of any alterations required to the Site;

c) provide us in a timely manner such access to the Site as may be required to install our equipment;

d) provide a suitable and safe working environment in accordance with applicable installation standards and applicable laws and regulations;

e) provide any electricity and telecommunication connection points required by us;

f) provide any openings in buildings required to connect our equipment to appropriate telecommunications facilities; and

g)provide internal cabling between our equipment and any of your equipment, as appropriate.

4.4 Access to the Site. You agree to allow us to access the Site in order to install and activate the Services and to otherwise provide the Services to you.

4.5 Installation Charges. The installation charges payable by you shall be set out in the Order Confirmation (“Installation Charges”). Some bespoke projects with specific requirements will require a separate on-site visit by an installation engineer who will prepare a written estimate of the installation cost, which shall be confirmed to you following completion of the survey.

4.6 Location of Terminating Equipment. We will make reasonable efforts to terminate our equipment at the most suitable location in the Site. In some cases, this may be cost prohibitive, and we reserve the right to request that these costs be reimbursed by you.

4.7 Changes to your requirements. 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 a standard installation, the installation engineer will inform us, and we will discuss and agree with you how to proceed and any charges which may apply.

4.8 If the installation cannot be carried out as arranged. If it is not possible to carry out or continue with the installation because of any of the following reasons, the installation may be cancelled and we may charge you a cancellation fee equivalent to the Installation Charges and/or for the reasonable costs and expenses incurred by us in connection with such cancellation:

a) if you cancel the appointment less than 24 hours before the scheduled installation date;

b) if there is no person present at the Site with the necessary authority or knowledge to enable the engineer to carry out the installation;

c) if the installation engineer is refused access to the Site;

d) if the Site has not been adequately prepared in accordance with any instructions provided by us; or

e) if the installation engineer decides that it is not possible to carry out the installation safely or due to the complexity or the materials required.

4.9 Activation Date. Once your order is confirmed and the Services are installed (if applicable) we will activate your Services (“Activation Date”).

5. Service Level Agreement for DIA Services

5.1 DIA Services only. This clause 5 applies to DIA Services only and only to the point of demarcation. For the avoidance of doubt, this clause 5 does not apply to Broadband Services.

5.2 Notification of faults. Where support is required, you must notify us using the contact details provided by us from time to time, giving an explanation of the fault in as much detail as possible. Timescales provided below relate to the time from the point that you notify us of the relevant fault or issue:

MeasurementTarget
Round Trip Delay30ms
Jitter8ms
Packet Loss0.1%

5.3 Service Availability. We aim to provide an annual service availability of 99.9% excluding planned maintenance outages. Such service availability shall be calculated on a quarterly basis during the month following the end of each quarter. If we fail to meet or exceed this level, you shall become entitled to a sliding scale of service credits as follows:

Annual Service Availability ThresholdService Credit
<99.9-99.4%5% of Rental Charges (as defined in clause 6.1 below) for the period concerned
<99.4-98.9%10% of Rental Charges for the period concerned
<98.9-97.9%15% of Rental Charges for the period concerned
<97.9%20% of Rental Charges for the period concerned

5.4 Service Restoration. In the event of an unplanned outage, we aim to restore service within 6 hours of being notified by you. If we fail to meet or exceed this level, you shall become entitled to a sliding scale of service credits as follows:

Restoration ThresholdService Credit
0 to 2 hours beyond 6 hours target, following notification5% of monthly circuit Rental Charges (as defined in clause 6.1 below)
2 to 5 hours beyond 6 hours target, following notification7% of monthly circuit Rental Charges
>5 hours beyond 6 hours target, following notification15% of monthly circuit Rental Charges

5.5 Service Credits. No service credits shall be due under clauses 5.3 or 5.4 above where any such failures result from any of the following causes:

a) a cause outside our reasonable control;

b) any failure by you to perform your obligations under this Agreement;

c) any scheduled downtime for planned maintenance (including emergency maintenance) as further detailed in clause 5.8 below;

d) any suspension of the Services by us under any provision of this Agreement;

e) problems with or failure of the internet (other than connections to the internet for which we are directly responsible);

f) interference caused by a third party;

g) incorrect configuration of the Services by you;

h) incorrect information provided by you or on your behalf;

i) any improper use, misuse or unauthorised alteration of the Services by you;

j) any use of the Services otherwise than in accordance with our instructions and/or this Agreement; or

k) the use by you of any hardware or software not provided or supported by us.

5.6 Exclusive Remedy. The provision of a service credit shall be an exclusive remedy for a particular failure to meet the agreed minimum level of performance (“Service Level”).

5.7 Payment of Service Credits. Service credits shall be shown as a deduction from the amount due from you to us in the next invoice to be issued under the Agreement.

5.8 Planned Maintenance. We may carry out planned maintenance on our equipment and/or the Services from time to time and will use reasonable endeavours to provide at least five (5) Working Days prior written notice to you, except where any maintenance is required in an emergency in which case we will use reasonable endeavours to provide as much notice as reasonably possible. Any such periods of planned maintenance shall not be taken into account when determining whether we have met any Service Levels.

6. Charges and Payments

6.1 Rental Charges. The amount payable for our Services and any additional services is set out on your Order Confirmation (“Rental Charge”). Payments must be made via the method noted on our applicable invoice. Any Installation Charges will be charged as an additional upfront payment. Your first payment will be due on the Activation Date, and on the same day of each month thereafter.

6.2 Early Termination Charge. If the Agreement is terminated during the Minimum Term, you may have to pay an early termination charge equal to all remaining future Rental Charges up to the end of the Minimum Term (for DIA Services) or an early termination charge equal to an amount not exceeding £500 plus VAT (for Broadband Services) (“Early Termination Charge”).

6.3 After the Minimum Term ends. The Rental Charges will not change during the Minimum Term unless you make any changes to the Services that you have ordered. Your Services will continue on a monthly basis after the Minimum Term, unless you choose to end the Agreement at the end of the Minimum Term, but price changes may apply in accordance with clause 6.4 below.

6.4 Price changes. We may review our Rental Charges at any time, but any price changes will not apply to contracts which are still within the Minimum Term (unless you have made any changes to the Services that you have ordered). If our Rental Charges are to change, we will give you at least 30 days’ notice and you will be entitled to terminate the Agreement in the event that you do not agree to accept our price changes.

6.5 VAT. All sums payable by you under this Agreement are exclusive of VAT, and you shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice.

6.6 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.

6.7 Interest. Without affecting our rights set out in clause 13, if you fail to 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, together with any reasonable costs incurred by us in collecting such overdue amount. 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.

6.8 No right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6.9 What to do if you think we have made a mistake in our charges. If you think an invoice is wrong, please contact us promptly and within 14 days of the date of the invoice to let us know and we will not charge you interest until we have resolved the issue. Once the dispute is resolved, we may charge you interest on correctly invoiced sums from the date the dispute is resolved until the date of actual payment.

7. Your Obligations

7.1 Your obligations. Without prejudice to any other obligations imposed on you under this Agreement, you shall:

a) inform us of all health and safety and security requirements that apply at the Site;

b) comply with our reasonable requests that are necessary for the reasons of health and safety, environment, sustainability, security or quality or performance of any Services;

c) upon reasonable notice from us, allow us access to the Site as may be reasonably necessary for the performance by us of our obligations under this Agreement, including the installation or maintenance of our equipment and the recovery or removal of any of our equipment;

d) comply with and ensure the Users (as defined below) comply with our Acceptable Use Policy (available on our website or from our Customer Success Team) when using our Services; and

e) use, and ensure the Users (as defined below) use, the Services in compliance with all applicable laws and regulations and the terms of this Agreement;

f) be responsible for:

i. access to and use of the Services by any person who is permitted by you to use or access a Service (“Users”);

ii. all fees payable to us incurred in connection with the Services; and

iii. compliance with this Agreement by the Users;

g) ensure that your list of Users is kept current, and that you terminate access immediately for anyone who is no longer an User; and

h) comply with the provisions of any software and/or third-party software licences provided with or as part of the Service or otherwise notified to you by us from time to time.

7.2 Monitoring the Services. 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 Services or terminate this Agreement. We may immediately remove any material placed on our servers by you or other users which breaches this Agreement or is otherwise harmful to our interests or the interests of our other customers.

7.3 Indemnity. You agree that you are responsible for all access to and use of the Services under this Agreement, including by Users, whether you gave your permission or not. You shall indemnify and keep us indemnified against any claims, losses, damages, costs, expenses and liabilities (including legal fees) arising from any claims by any third party in connection with the use or misuse of the Services in breach of clause 7.1.

7.4 Our Equipment. The router and any other 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 and in accordance with any instructions that we provide to you. You should also ensure that you are aware of the installation route of the network apparatus across the Site and draw this to the attention of any third-party doing work on your Site. If you report a fault which we trace within your Site, we will make an appointment to carry out repairs or replace faulty equipment but if, in the reasonable opinion of the engineer, the fault was caused by damage caused to the equipment or the network apparatus, then a charge may be made. If you or we terminate this Agreement, then any equipment we supply to you to connect the Services must be returned to us in good working order. If you fail to do so, we may charge you for the cost of any such equipment or for any damage caused to the equipment.

7.5 Your Equipment. You are responsible for the provision, installation, configuration, monitoring and maintenance of any of your equipment connected to the Services. You shall ensure that any of your equipment connected to or used with the Services is connected and used in accordance with any instructions and safety and security procedures applicable to the use of that equipment. You shall ensure that any of your equipment attached (directly or indirectly) to the Services by you is technically compatible with the Services and approved for that purpose under any applicable laws and regulations. We do not make any commitment with respect to the interoperability between the Services and your equipment.

8. Our obligations

8.1 If there is a fault on the wider network. When we become aware of a network fault outside your Site curtilage, we will do our best to ensure it is diagnosed and repaired within 1 Working Day (or as otherwise set out in any Service Level Agreement).

8.2 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 speed may vary from time to time. In addition, the speed and limitations of wi-fi (your router position, wall thickness, device capability etc) may affect the actual speed that you experience. In certain types of building, additional equipment may be required to ensure this bandwidth is available as a Wi-Fi signal throughout the building. This additional equipment can be supplied at a cost and may be recommended to you by your installation engineer. We are not responsible for any reduction in speed caused by your own devices or equipment, for example antivirus software causing slow speeds on a computer or phone. If you are consistently receiving slower speeds than your subscription allows, please contact our Customer Success Team through our app, by emailing [email protected],or calling us on 01392 345600.

8.3 Our Services. We aim to carry out our Services for you with reasonable skill and care. However, we cannot guarantee that our Services will be available at all times, error free and/or without minor defects.

8.4 Compliance with laws. We will comply with all applicable laws, regulations and codes of practice when providing the Services to you.

9. Suspending the Services

9.1 Your rights if we suspend the Services because of our actions. We are entitled 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; and/or

c) to make changes to the Services as requested by you or notified by us to you.

9.2 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, SMS or through the app prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency.

9.3 Your rights if we suspend the Services because of your actions. We are entitled to suspend the supply of your Services:

a) if you fail to pay any amount due under on the due date for payment;

b) if you misuse our network or do not comply with our Acceptable Use Policy; and/or

c) if you breach any term of this Agreement, or any laws which apply to your use of our network.

9.4 If we suspend the Services because of your actions you must still pay for the Services during the period of suspension and we may charge you for re-activating your Services at the end of the period of suspension.

10. Our responsibility

10.1 Nothing in these terms shall limit or exclude our liability for:

a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

b) fraud or fraudulent misrepresentation; or

c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

10.2 Exclusion of Warranties. We have given commitments as to compliance of the Services with relevant specifications in clauses 8.3 and 8.4. All other conditions, warranties or other terms that might be implied into or incorporated into these this Agreement whether by statute, common law or otherwise, are hereby excluded to the extent permitted by law. In particular the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.

10.3 Limitation of Liability. Subject to clause 10.1:

a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and/or any special, indirect or consequential loss or damage whatsoever arising under or in connection with any contract between us; and

b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Rental Charges paid by you in the preceding 12 months, provided, however, that any remedies contained in the Service Level Agreement shall be the sole and exclusive remedies for any failure to meet the performance obligations under that Service Level Agreement.

10.4 You are responsible for your own 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 with our Services or because of faults in any 3rd party networks over which we have no responsibility. We are not responsible for any loss or damage to your own equipment caused by the use of our Services to access the internet.

10.5 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. We exclude all liability of any kind in respect of any data, information, video, graphics, sound, music, photographs, software and any other materials published or otherwise made available by you or on your behalf by using the Service and any other material on the internet which can be accessed using the Service. We are not responsible in any way for any goods (including software) or services provided by third parties and advertised, sold or otherwise made available by means of the Services or on the internet.

10.6 We are not responsible for the acts of third parties. We are not liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other suppliers of telecommunications or internet services (including domain name registration authorities) or for faults or failures of their equipment.

10.7 Force Majeure. We are not responsible to you for any delay, failure, damage or loss caused by events or circumstances beyond our reasonable control such as acts of God, flood or other natural disaster, epidemic or pandemic, terrorist attack, civil commotion or riots, war or armed conflict (actual or threatened), contamination (including chemical or biological), loss of electricity, power or telecommunications service, shortages of materials or equipment, failures within our supply chain (not caused by us), collapse of structures or blockages, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts and any change in law or action taken by a government or public authority.

11. Variations

11.1 Requesting changes. If you wish to make a change to the Services you have ordered please contact us via our Customer Success Team by emailing [email protected], or by calling us on 01392 345600, or via the app (if applicable). We will let you know if the change is possible. If 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, including any changes to the terms of this Agreement, and ask you to confirm whether you wish to go ahead with the change. No variation requested by you shall be effective unless it is agreed by us in writing.

11.2 Minor changes to the Services. We may change the Services:

a) to reflect changes in relevant laws and regulatory requirements; and/or

b) to implement improvements and/or minor technical adjustments, 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

11.3 More significant changes to the Services and these terms. In addition, we may make changes to our prices (in accordance with clause 6.4) or make significant changes to other aspects of our Agreement (other than in accordance with the circumstances set out at clause 11.2 above), but if we do so we will notify you and you may then contact us to terminate the Agreement before the changes take effect.

12. Your rights to terminate

12.1 Ending the Agreement because of something we have done or are going to do. If you are terminating for a reason set out in paragraphs (a) to (d) below the Agreement will end and we will refund you in full for any Services which have been paid for but have not been provided (if applicable). These reasons include:

a) we have told you about a significant upcoming change to the Services or these terms under clause 11.3 above which you do not agree to (including a change to our prices outside the Minimum Term – see clause 6.4) and you have given us notice to end the Agreement;

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 supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 Working Days; or

d) we have materially breached the Agreement and the breach is incapable of remedy, or (if such breach is remediable) we have failed to remedy that breach within a period of 30 days after being notified in writing to do so.

12.2 Ending the Agreement during the Minimum Term. If you end the Agreement during the Minimum Term (other than in accordance with clause 12.1 above) then we reserve the right to charge you an Early Termination Charge.

12.3 Payment of Early Termination Charge. We may charge this amount directly to your next invoice. By entering this Agreement, you are authorising us to do this. We will give you reasonable notice in writing before making these charges.

12.4 Termination after the Minimum Term. If we are not at fault and none of the reasons listed in clause 12.2 apply, you must give us 1 month’s notice to terminate after expiry of the Minimum Term. The Agreement will not end until 1 calendar month after the day on which you contact us. We will charge you for Services supplied up to the termination date and will refund any sums you have paid in advance for Services not supplied.

13. Our rights to terminate

13.1 We may terminate the Agreement in the following circumstances. Without affecting any other right or remedy available to us, we may terminate this Agreement at any time by writing to you if:

a) you fail to make any payment to us by the due date, and you still do not make payment within 12 days of us reminding you that payment is due;

b) you use our network in breach of our Acceptable Use Policy or use the Services improperly, negligently or in a way which interferes with other customers’ use of our services;

c) you do not, within a reasonable time, allow us access to the Site to install, activate and supply the Services;

d) you have materially breached any term of the Agreement and the breach is incapable of remedy, or (if such breach is remediable) you have failed to remedy that breach within a period of 7 days (or within such other period as notified by us) after being notified in writing to do so;

e) you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

f) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Agreement has been placed in jeopardy;

g) you suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of your business; or

h) you are subject to a change of control (as defined in section 1124 of the Corporation Tax Act 2010).

13.2 Consequences of termination. If we terminate in the situations set out in clause 13.1 we may charge reasonable compensation for the net costs which we may incur as a result of your breach of any term of this Agreement, including costs of installation and interest payable on overdue charges (see clause 6.7). If we terminate the Agreement during the Minimum Term because of your breach, we reserve the right to charge you an Early Termination Charge equal to all remaining future Rental Charges up to the end of the Minimum Term (for DIA Services) or an early termination charge equal to an amount not exceeding £500 plus VAT (for Broadband Services). In respect of the Early Termination Charge chargeable for DIA Services, you acknowledge and agree that the Rental Charges have been calculated by us on the basis that the Services continue for the duration of the Minimum Term, and in respect of Broadband Services, you acknowledge and agree that the Early Termination Charge has been calculated to cover our installation costs over and above the Installation Charges payable by you. You acknowledge that the Early Termination Charges are therefore reasonable and proportionate to cover our costs and losses incurred as a result of early termination.

14. Privacy and Data Protection

14.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy Policy which is available for you to read on our website.

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. General

15.1 Entire agreement. The Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this Agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

15.2 Variation. Except as set out in these terms, no variation of the Agreement shall be effective unless it is agreed in writing by the parties (or their authorised representatives).

15.3 Notices. Any notice given to you or us under or in connection with this Agreement shall be in writing and shall be delivered by hand, by pre-paid first-class post or other next working day delivery service, at the relevant party’s registered office or such other address as notified to the other in writing. Notices shall be deemed to be served if: (a) by hand, when delivered; or (b) by pre-paid first-class post or next Working Day delivery service, at 9am on the next Working Day after posting.

15.4 Assignment. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under the Agreement. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under this Agreement without our prior written consent.

15.5 Third party rights. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. The rights of the parties to rescind or vary this Agreement are not subject to the consent of any other person.

15.6 Severance. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

15.7 Waiver. No failure or delay by us to exercise any of our rights or remedies under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

15.8 Governing law and jurisdiction. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.