SERVICE LEVEL AGREEMENTS
TERMS AND CONDITIONS
1 THESE TERMS
1.1 What these terms cover
These are the terms and conditions on which we supply our Broadband Services and related Equipment.
1.2 Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Broadband Services and related Equipment to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
In these terms and conditions, the following definitions will apply:
“Access Point” means the point of access to the property or building for the purposes of broadband installation.
“Broadband Services” means the Service Level agreement between Lothian Broadband and the customer;
“Business Customer” means any customer that is planning on using the Broadband Services as part of the operation of any business venture;
“Customer” or “you” means the customer purchasing Broadband Services from us in accordance with these terms and conditions, whether as a Business Customer or a Domestic Customer;
“Domestic Customer” means any customer that is a private individual and is not using the Broadband Services to operate a business venture of any kind;
“Equipment” means any routers, cabling, radios, antennae, POEs or any other equipment supplied by us for the purposes of providing broadband services;
“Initial Term” means a period of twelve (12) months commencing on the Installation Date;
“Installation Costs” means the costs associated with installation of the Equipment, as set out on the order confirmation email which we shall issue to you upon receipt of your order;
“Installation Date” has the meaning given to it in Clause 7.2;
“Property” means the property at the address, provided by the Customer, where we will provide the Broadband Services;
“Substantial Delay” means a delay of a period of more than 30 days after the agreed Installation Date;
“we“, “us” or “our” means Lothian Broadband Networks Limited; and
“Website” means www.lothianbroadband.com.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are
We are Lothian Broadband Networks Limited, a company registered in Scotland with Company Number SC494551 and have our registered address at Exchange Tower, 19 Canning Street, Edinburgh, EH3 8EH. Our registered VAT number is 213 4522 48.
2.2 How to contact us
You can contact us by telephoning our customer service team at 01620 698 001, by email at email@example.com or by writing to us at Lothian Broadband Networks Limited, The Tech Shed, Humbie Hub, East Lothian EH36 5PJ.
2.3 How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 How we will accept your order
Our acceptance of your order will take place when:
at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this within a reasonable time of us becoming aware that we are unable to accept your order. We will not charge you for your order if we are unable to accept your order. This may be because:
3.3 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 about your order.
3.4 We only sell to the UK
Our Website is solely for the promotion of our Broadband Services and related Equipment in areas in which we operate a broadband network. Unfortunately, we cannot accept orders from addresses outside an area covered by our broadband network.
3.5 How long is your contract with us?
Your contract with us begins on the Installation Date and lasts for the Initial Term (being a minimum period of twelve (12) months), unless the contract is ended earlier in accordance with Clause 8 or Clause 10.
3.6 What happens at the end of the Initial Term?
At the end of the Initial Term, your contract will continue with us on a rolling monthly basis until you choose to bring the contract to an end in accordance with Clause 9 or unless the contract is ended by us in accordance with Clause 10.
4 OUR EQUIPMENT AND SERVICES
4.1 Equipment may vary
The images shown on our Standard Installation Flier, on website or on print material of the Equipment which we use to deliver the Broadband Services are for illustrative purposes only. Whilst we have made every effort to ensure that the images of the Equipment are accurate, your Equipment may vary slightly from those images.
4.2 Levels of Service
We will provide the Broadband Services to you in line with the descriptions, tariffs and service levels which are provided on our Website. Please be aware that the wi-fi signal may not be consistent throughout your Property due to internal interferences such as thickness of walls etc. We will measure the broadband speed at the Property from the point of the hub which is installed as part of the Equipment.
5 YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Broadband Services package you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 – Your rights to end the contract). Please note that if you change to a new tariff, you may be required to commit to a new twelve (12) month term, effective from the date that your new tariff is applied.
6 OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Broadband Services or Equipment
We may change the Broadband Services or the Equipment without providing you with notice in the following circumstances:
6.2 More significant changes to the Equipment or Broadband Services and these terms
In addition, as we informed you in the description of the Broadband Services on our Website, we may make the following changes to these terms or the Broadband Services, but if we do so we will notify you in writing and you may then contact us to end the contract before the changes take effect and receive a refund for any Equipment or Broadband Services paid for but not received.
7 PROVIDING THE BROADBAND SERVICES
7.1 Delivery costs
The costs of delivery will be displayed to you on our Website, and we reserve the right to make changes to these costs from time to time.
7.2 When we will provide the Broadband Services
During the order process we will let you know when we will be able to deliver and install the Equipment and begin to provide the Broadband Services to you (the “Installation Date“). We will supply the Broadband Services to you for the Initial Term, unless the contract is brought to an end at an earlier date in accordance with Clause 8 or Clause 10, and thereafter on a monthly rolling basis in accordance with Clause 3.6.
7.3 We are not responsible for delays outside our control
If our supply of the Broadband Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of Substantial Delay you may contact us to end the contract and receive a refund for any of the Broadband Services you have paid for but not received.
7.4 If you are not at home on the installation or delivery date
If no one is available at your Property to take delivery and allow installation of the Equipment on the Installation Date, we will leave a note telling you how to re-arrange installation. We will contact you for further instructions and we reserve the right to charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery and installation we may end the contract and Clause 10.2 will apply.
7.5 If you do not allow us access to install the Equipment
If you do not allow us access to your Property on the Installation Date to install the Equipment as arranged we may charge you any additional reasonable costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your Property we may end the contract and Clause 10.2 will apply.
7.6 Your legal rights if we deliver the Equipment late
You have legal rights if we deliver the Equipment late or miss the Installation Date. If we are unable to install the Equipment on the agreed Installation Date you may treat the contract as having been terminated with immediate effect if any of the following apply:
7.7 Setting a new deadline for installation
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.6, you can contact us to arrange a new Installation Date. We will take reasonable steps to accommodate your request, and you can treat the contract as at an end if we are not able to meet the new Installation Date.
7.8 Ending the contract for missed installation
If you do choose to treat the contract as at an end for late delivery under Clause 7.6 or Clause 7.7, you must let us know that you would like to cancel your order. After that we will refund any sums you have paid to us for the Equipment. Please call customer services on 01620 698 001 or email us at firstname.lastname@example.org to inform us of your decision to cancel.
7.9 When you become responsible for the Equipment
You become responsible for the Equipment from the time we deliver and install the Equipment at the Property. The equipment is covered by a 12 month warranty therefore if there is a fault we would replace that item as soon as is reasonably possible.
7.10 When you own the Equipment
You will own the Equipment once we have received payment in full for the Installation Costs.
7.11 What will happen if you do not give required information to us
We may need you to provide us with certain information so that we can install the Equipment and supply the Broadband Services to you, for example, the address and type of Property which you live in. We will contact you to ask for this information if this is not provided in full when you submit your order. If you do not give us this information within a reasonable time of us asking for it, or if you give any incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Equipment or Broadband Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it, or if this is caused by you giving us incorrect information, and the terms of Clause 7.6 shall not apply.
7.12 Reasons we may suspend the supply of the Broadband Services to you
We may have to suspend the supply of the Broadband Services to:
7.13 Your rights if we suspend the supply of the Broadband Services
We will contact you in advance to tell you we will be suspending supply of the Broadband Services, unless the problem is urgent or an emergency. If we have to suspend the Broadband Services for a period of time exceeding 24 hours we will adjust the price so that you do not pay for the Broadband Services while they are suspended. You may contact us to end the contract if we suspend the Broadband Services for a period of more than 30 days and we will refund any sums you have paid in advance for the Broadband Services in respect of the period after you end the contract.
7.14 We may suspend supply of the Broadband Services if you do not pay
If you do not pay us by the day on which payment becomes due (see Clause 12.4) we may suspend supply of the Broadband Services until you have paid us the outstanding amounts. Please note that dates for direct debit payment are either 1st or 15th of the month. We will contact you to tell you we are suspending the supply of the Broadband Services, and will suspend the Broadband Services if you do not pay the outstanding amount due within 30 days of us contacting you to inform you of our intention to suspend supply. We will not suspend supply where you reasonably dispute the unpaid invoice in good faith (see Clause 12.6). As well as suspending the Broadband Services, if you are a Business Customer we reserve the right to charge you for any outstanding sums for the provision of Broadband Services for the remainder of the Initial Term, and may also charge you interest on your overdue payments (see Clause 12.5).
8 YOUR RIGHTS TO END THE CONTRACT
8.1 Ending your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide 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 at (a) to (e) below the contract will end immediately and we will refund you in full for any Equipment or Broadband Services which have not been provided and if you are a Domestic Customer you may also be entitled to compensation. The reasons are:
8.3 Exercising your right to change your mind if you are a Domestic Customer
For most products bought online or by email and over the phone you have a legal right to change your mind within a fourteen (14) day cooling off period and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
If you are a Domestic Customer and you wish to exercise your right to change your mind, you must inform us in accordance with Clause 9.1. How long you have change your mind depends on what you have ordered and how it is delivered:
The right to change your mind is not available to Business Customers.
8.4 Ending the contract at the end of the Initial Term
Unless otherwise set out in these terms and conditions, you shall not be entitled to end the contract before the expiry of the Initial Term. At the end of the Initial Term, you are entitled to bring the contract to an end upon providing us with a minimum of thirty (30) days written notice by following the process set out in Clause 9. If you do not provide us with written notice at the end of the Initial Term, your contract will continue in accordance with Clause 3.6.
9 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract
If you are a Domestic Customer and you want to end your contract with us, please let us know by doing the following:
(a) Phone or email
Call customer services on 01620 698 001 or email us at email@example.com. Please provide your name, home address, details of the order or agreement and, where available, your phone number and email address. We will then send you a form to complete either by email or by post which should be completed and returned to us.
9.2 Returning Equipment after ending the contract
If you are a Domestic Customer and you are exercising your right to change your mind, you must arrange for Equipment to be uninstalled within fourteen (14) days of telling us you wish to end the contract. Please note that we are unable to process any refunds which may be due to you until the Equipment has been uninstalled.
9.3 When we will pay the costs of uninstallation
We will pay the costs of uninstallation:
In all other circumstances (including where you are a Domestic Customer exercising your right to change your mind) you will be responsible for paying the costs of uninstallation.
9.4 What we charge for uninstalling the Equipment
If you are responsible for the costs of uninstalling the Equipment in accordance with these terms then we will charge you the direct costs to us of uninstallation. Please call customer services on 01620 698 001 for uninstallation costs.
9.5 How we will refund you
We will refund you the price you paid for the Equipment and the Broadband Services, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are a Domestic Customer exercising your right to change your mind
If you are a Domestic Customer exercising your right to change your mind:
9.7 When your refund will be made
We will make any refunds due to you as soon as is practicable. If you are a Domestic Customer exercising your right to change your mind then:
10 OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you breach any of your obligations
10.1.1 We may end the contract at any time by writing to you if do any of the following:
10.1.2 If you are a Business Customer, we may also end the contract at any time by writing to you if any of the following events occur:
10.2 You must compensate us if you break the contract
11 IF THERE IS A PROBLEM WITH THE BROADBAND SERVICES OR EQUIPMENT
11.1 How to tell us about problems
If you have any questions or complaints, please contact us. You can telephone our customer service team at 01620 698 001or write to us at firstname.lastname@example.org. We will respond to faults within the timescales which are set out in our domestic service tariffs which can be accessed here www.lothianbroadband.com.
11.2 Summary of your legal rights if you are a Domestic Customer
We are under a legal duty to supply Equipment and Broadband Services that are in conformity with this contract. If you are a Domestic Customer, see the box below for a summary of your key legal rights in relation to the Equipment and Broadband Services. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example the Equipment used to provide the Broadband Services, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 8.3.
If your product is services, for example your Broadband Services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12 PRICE AND PAYMENT
12.1 Where to find the price for the Equipment and Broadband Services
The price of the Broadband Services and installation of the Equipment will be the price indicated on the order pages when you placed your order and will be exclusive of VAT unless expressly stated otherwise. We use our best efforts to ensure that the price of the Equipment and Broadband Services advised to you is correct. However, please see Clause 12.3 for what happens if we discover an error in the price of the Equipment and Broadband Services you order.
12.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the Broadband Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Equipment or Broadband Services in full before the change in the rate of VAT takes effect.
12.3 If we get the price wrong
It is always possible that, despite our best efforts, some of the Equipment or Broadband Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Equipment and Broadband Services’ correct price at your order date is less than our stated price at our order date, we will charge the lower amount. If the Equipment and Broadband Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay
We only accept payment by Direct Debit which must be paid into the account notified to you and on the date agreed between us.
12.5 We can charge interest if you are a Business Customer and you pay late
If you are Business Customer and 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 the Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong (Business customers)
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. If the dispute is resolved in our favour and you are a Business Customer, we will charge you interest on correctly invoiced sums from the original due date.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if you discussed it with us during the sales process.
If you are a Business Customer, we will not be responsible for any losses of the following nature (whether direct or indirect):
13.2 No exclusion or limitation of liability to you where it would be unlawful to do so
Notwithstanding any other provision of the contract, the liability of the parties shall not be limited in any way in respect of the following:
13.3 We will not be liable for damage to your Property
If we are installing the Equipment in your Property and we cause any damage to your Property, if you are a Business Customer we will not be responsible for the cost of repairing the damage. If you are a Domestic Customer we will take responsibility for the costs of repairing any damage that is specifically caused by us, but we will not be responsible for any pre-existing faults or damage to your Property, whether or not these are discovered while installing the Equipment.
13.4 Our total liability
If you are a Business Customer, our total liability to you shall be not exceed the total amount of payment which you have made to us in pursuant to this contract in the previous twelve (12) months, or £1,000, whichever is lower.
14 YOUR OBLIGATIONS IN USING THE BROADBAND SERVICES
14.1 Damage from third party sites
You acknowledge that we will not be responsible for any sites, content, goods or services offered or made available on the Internet nor for any computer viruses, cookies or anything similar transmitted to you via the Broadband Services by third party sites or otherwise through our provision of the Broadband Services.
14.2 Use of the Broadband Services
The Broadband Services and any software provided as part of the Broadband Services are provided solely for your own use and you may not resell, transfer, assign or sub-license them or any part of them to any other person.
14.3 Your Devices
You must ensure that any devices or personal computers used by you or a third party to access the Broadband Services do not have an adverse effect on our systems, those of our suppliers or on network traffic generally, such as SPAM, Viruses, DoS and DDos attacks. You and any third parties must use the Broadband Services in compliance with all applicable laws and regulations which may apply to your use of the Broadband Services. You should run a firewall and up to date anti-virus software, and ensure that your operating system is kept fully up to date with the latest security patches.
14.4 Shared access to the Equipment and Broadband Services is not permitted
Customers must only use the Equipment for the provision of Broadband Services to the Property set out in their order form. Use of the Broadband Services from any other property is a material breach of these terms and conditions and if this occurs we are entitled to end the contract in accordance with Clause 10 and suspend supply of the Broadband Services immediately.
14.5 You must comply with our Fair and Acceptable Usage Policy
You must comply with our Fair and Acceptable Usage Policy www.lothianbroadband/acceptable-usage-policy/ at all times when using the Broadband Services. We reserve the right to terminate your contract if you do not comply with the terms of this Policy.
15 HOW WE MAY USE YOUR PERSONAL INFORMATION
15.2 How we will use your personal information
We will use your personal data you provide to us:
15.3 Third Parties
We will only give your personal information to other third parties where the law requires us to do so.
16 OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us in accordance with Clause 9 to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Equipment and Broadband Services not provided.
16.2 You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We reserve the right to charge an administrative fee should you wish to transfer your rights to someone else.
16.3 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 [unless you transfer the contract to someone else in accordance with Clause 16.2].
16.4 Our right to amend these terms and conditions
We reserve the right to amend these terms and conditions from time to time. Any amendments we make will be intimated to you in writing; once we have informed you in writing of the changes to the terms and conditions you will be deemed to have accepted said amendments if you continue to use the Broadband Services.
16.5 Our right to increase the cost of the Broadband Services
We reserve the right to increase the cost of the Broadband Services from time to time. For the avoidance of doubt we will not increase the cost during your Initial Term and any increase in the cost of the Broadband Services will be intimated to you in writing.
16.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay 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 Equipment or Broadband Services, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by Scots law and you can bring legal proceedings in respect of the Equipment or Broadband Services in the Scottish courts. If you live in England you can bring legal proceedings in respect of the Equipment or Broadband Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Equipment or Broadband Services in either the Northern Irish or the Scottish courts.