1. The service we provide consists of:
a. A high-speed internet access service available in a range of options and delivered over an ITS compatible telecommunications circuit using traditional copper wiring, fibre optic cabling, wireless radio connectivity or a combination of all;
b. A range of helpdesk services; and
c. Any other applications, services and features that we may make available and which you choose to take – some of which may be subject to additional terms.
2. We’ll also provide some equipment which you’ll need to use the service. Some of this equipment may need to be installed by an ITS engineer and you’ll need to agree where it is installed when we visit.
3. Some service options need an engineer visit to install the service. These services are subject to availability and a line check if required. These services may not work with other services you have.
When the Service Starts
4. The service starts on the date we activate it (service start date). If we have to visit to install the service, it will be activated after the installation is complete. You will usually need to take any service option for a minimum period – this is stated on the Order Form that you have signed. This minimum period also begins on the service start date.
5. If needed, we’ll agree a date with you for delivery and installation of any equipment. If the delivery of any equipment is delayed for reasons outside of our control we will let you know and take steps to minimise the delay. We will not be liable to you for such delays.
6. If we need to change the installation date, we will try to contact you before the scheduled date.
7. If you need to change or cancel any appointment date, you must tell us at least three working days prior to the scheduled appointment or we may charge you a missed appointment fee.
8. During installation there must be a responsible adult present in your premises. Where this person is not you, it must be someone authorised by you to make decisions regarding the location and installation of equipment.
9. On the day of installation, prior to visiting your premises, the engineer may need to disconnect your phone line, radio or router for a short period. If possible, you should make alternative arrangements to enable you to make calls to emergency services during this period. If you already have broadband, this may also be taken out of service during the installation.
10. As part of the installation, the engineer will be responsible for connecting your computer to the service and will demonstrate a working internet connection to you, providing your computer meets the minimum requirements. You will be responsible for reconnecting any other online equipment you may have, such as a TV set-top box, additional computers, card readers or games consoles.
11. The engineer will share the results of the successful test connection as described in clause 10 with you and provide you a copy. He will ask you to sign that you are satisfied with this service. This signed copy is your Acceptance of Service and will complete the commissioning and activation process.
12. You have a general right to change your mind and cancel the service within the first 14-days from the day after the day we accept your order. You will not be liable for any charges provided we receive formal notice of this cancellation in writing within the 14-day period.
13. If you cancel after we start to provide the service, on the service start date as defined in clause 4, you are liable for any connection or activation charges associated with that service and all service subscription charges due up to the expiry of the minimum period defined on your Order Form. You will need to pay these charges, or any reduction in them that we have agreed in writing with you, before we accept your cancellation You will also need to pay for decommissioning of the equipment if removal is required and ensure that ITS engineers are given access to your premises to decommission the equipment installed.
Additional Cancellation Rights
14. The upload/download speed ranges that we quote when you order the service are estimates only. Once your speeds have settled (usually 10 days after activation), if you are regularly getting download speeds lower than the estimated range that we quoted, you must contact us and we will try to improve the speeds. If, despite any improvements we try to make, the download speed you get is at or less than the Minimum Guaranteed Access Line Speed (MGALS) for your service as defined by Ofcom and described further in clause 15, we will review your service option.
15. The broadband line / radio speed you can get will vary depending on a number of factors such as how far away your premises is from the local telephone exchange or sector and the length of your line. When we look at all the customers who have a similar type of line (for example, customers who are 3km from the exchange) and the same level of service (for example, all with ‘up to 8Mb broadband’), the MGALS is the fastest speed that any customer in the bottom 10 per cent of that group of customers can get. So, if there are 20,000 customers who fall into the group covered by this example, we would look at the 2,000 customers with the slowest speeds. The minimum guaranteed access line speed would be the fastest speed that any of those 2,000 customers actually achieve.
16. Clause 12 will not apply where you are re-contracting for the same service.
Quality of Service
17. We aim to provide a continuous, high-quality service. From time to time faults in the service may occur. We will repair these faults as soon as we can.
18. We cannot currently provide a repair service in all parts of the United Kingdom and where we are able to provide the service, it may not be available in all service options.
19. Broadband usage is how much data you upload or download from the internet. Some activities involve more usage than others. Watching a video, for example, involves downloading significantly more data than looking at a simple web page or sending a short email. There are two main factors that contribute to the total amount of usage we monitor on your line: the number of devices you’re using to access the internet at any one time (for example, computers, laptops, smartphones and tablets)
20. The kind of things you’re doing and how long for: for example, whether you’re browsing social media sites, watching videos (such as YouTube) or TV (such as BBC iPlayer) and updating software on your computer or mobile device, to name a few.
21. Our customers are on Unlimited packages. However, for certain service options and at certain times, we may take action to manage the network’s performance during periods where there is a high demand.
Using the Service
22. All use of our services are subject to you complying with our Acceptable Use Policy. (AUP) This is available via our website.
23. If you use the service in any way that
a. breaches the AUP, or
b. we consider is likely to be detrimental to the provision of the service, or
c. may adversely affect other customer’s enjoyment of the service, we reserve the right to restrict or terminate your service immediately. If your machine has been infected by malware, or attempts to contact or access a malicious domain, we may take steps in our network to block access to that domain to protect you from possible criminal threats associated with that malware and to stop the spread of that infection.
24. If we move you to another service option while you are still within your minimum period, the remainder of that minimum period will apply to your new service option.
Our Responsibility to You
25. If you suffer a continuous total loss of the service at any time after we have provided it and you report it to us, we promise to use all reasonable endeavours to investigate, diagnose and resolve the incident. We will treat a fault reported after 7pm on a weekday, or anytime at weekends or on a public or bank holiday, as if you reported the fault at 8am on the next weekday after the day you reported the fault to us.
26. By continuous total loss of broadband service, we mean the inability to make a connection to the internet through ITS broadband due to a fault in any part of ITS’s network up to and including the main telephone socket / Router for your property.
27. If you suffer an intermittent loss of the service at any time after we have provided it and you report it to us, we promise to use all reasonable endeavours to put things right.
Deferred Payment for Equipment
28. In some cases, we will allow you to defer payment of the full price of the equipment we supply for use with the service. If you then end the service within the minimum period stated on your Order Form and you did not pay the full price of that equipment when you placed your order, then you will be liable to pay the balance.
Changes we May Make
29. Occasionally, we may have to interrupt the service. If we do so, we will restore it as quickly as we can. We may also make minor changes to certain technical specifications, including limits for transferring information which are associated with the service.
30. As technology changes rapidly, we reserve the right to change your product with a suitable alternative service to meet your needs and also our operational and service requirements. If we do need to change your product you will be given 1 calendar months’ notice to either accept the new product (with a possibly different payment plan) or make your own arrangements to move to another supplier.
Changes you Can Make
31. You can upgrade to another service option that is delivered in the same way as your current service option at any time and any remaining minimum period of your current service option will be carried forward to your new service option.
32. If you upgrade to a service option that is delivered in a different way to your current service option, a new minimum period will apply and you’ll need to pay any applicable activation charge for that service option.
33. If you change service option, we have the right to move you to a different billing method.
34. If you are unhappy with your service and wish to make a complaint, please contact us using our Complaints procedure, which can be found on our website.
Ending your Agreement
35. If you are using any value-added services, applications or features which are free of charge, these will end on the day your agreement with us ends.
36. If you end your service or switch to another service provider on a different network, you may have to pay a disconnection charge by way of compensation to us. The broadband disconnection charge is a charge raised in certain circumstances to cover the additional cost to ITS of the work required within an exchange to recover equipment and amend records when a broadband line is ceased. You will not have to pay this charge in the event that you move home and we are unable to provide the service at your new UK address.
37. This charge will be raised should you:-
38. Switch to another service provider without following the standard transfer process.
39. Cease your broadband completely.
40. Cease your broadband and move outside of the UK.
41. These terms and Conditions are governed under the Laws of England and Wales. In the case of any conflict between these Terms and Conditions and their governing law, the governing laws prevail.