Terms & Conditions
What we Provide
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 telephone line 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 – normally 12 or 18 months although can be longer depending on the agreed order. 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 will 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, tills, card readers or games consoles.
11. You have a general right to change your mind and cancel the service within the first 7 days from the day after the day we accept your order. If you cancel after we start to provide the service, you must pay the service subscription charge for any period that the service was made available to you and for any use of that service not covered by the subscription charge, up to the date that you told us you wanted to cancel. You will also need to pay any connection or activation charges associated with that service – including the full cost of charges that were discounted or advertised as free as a condition of taking the service on the terms that you agreed when we accepted your order. You will also need to pay for decommissioning of the equipment and ensure that ITS engineers are given access to your premises to decommission the equipment installed.
Additional Cancellation Rights
12. 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 line access speeds" for your service, we will review your service option.
13. 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 'minimum guaranteed access line speed' 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.
14. Paragraph 12 will not apply where you are re-contracting for the same service.
Quality of Service
15. 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.
16. 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.
17. For certain service options, we may take action to manage the network's performance during periods where there is a high demand. Broadband usage is how much data you upload or download from the internet.
There are two main factors that contribute to the total amount of usage we measure 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)
•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.
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. Our customers are not on Unlimited packages and have a usage allowance which starts from the first of the month and runs to the end of the month. Monthly usage allowances vary depending on which package you're on.
Using the Service
18. If you use the service in any way that we consider is likely to be detrimental to the provision of the service or which 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.
19. 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
20. 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 investigate, diagnose and resolve the incident in line with our Service Level Agreement (SLA) after you have reported the fault to us unless a specific appointment date is agreed. 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.
21. 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.
22. 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 put things right in line with our SLA.
Deferred Payment for Equipment
23. 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 12 months of ITS accepting your order 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, unless you end the service within the cancellation period. The deferred payment is no longer payable after you have received service for 12 months or more from the date that your order was accepted by ITS.
Changes we May Make
24. 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.
25. 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
26. 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.
27. 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.
28. If you change service option, we have the right to move you to a different billing method.
Ending your Agreement
29. 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.
30. If you end your service or switch to another service provider on a different network you may have to pay a cease charge by way of compensation to us. The cease charge is as set out in the tariff guide and we will tell you what your cease charge will be when you place your order with us. 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. The broadband cease 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.
This charge will be raised should you:-
• Switch to another service provider without following the standard transfer process.
• Cease your broadband completely.
• Cease your broadband and move outside of the UK.