These terms and conditions set out the agreement between (1) you ('you', 'the customer' or 'your'); and (2) Spot2spot Limited ('us', 'we' or 'our');
Your use of the services will be governed by the terms of this agreement. Please read through these terms and conditions carefully.
The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary at the end of these terms and conditions.
Obtaining the services
- We will try to meet any date agreed with you for installation or activation of the services, but we may have to change the installation date given to you or activation may be delayed. We will try to notify you of any changes as soon as possible.
- You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your home.
- Where we need to install equipment at your home, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit. Please do not move any equipment. Should you wish to alter the routing of any existing equipment such as cables or wall sockets, you should contact us.
- Where we do not need to install equipment at your home, we will either send you all the equipment you need to connect to the services or advise you of any additional equipment you need. If applicable, it is your responsibility to purchase the additional equipment as notified to you. We will not be liable to you for any loss or damage caused by your installation of the equipment or additional equipment.
- Where we have recommended additional equipment for use with the services and you have chosen not to take our recommendation, we cannot guarantee compatibility of the equipment you choose, nor can we provide installation or ongoing support in respect of that equipment. Where additional equipment is purchased from our recommended partners, we are not responsible for them or for any additional equipment you purchase from them. If any additional equipment you have purchased from our recommended partners is faulty upon arrival, please contact the recommended partner for a replacement. We may need to provide our recommended partners with your name and order details in order for them to fulfil your order.
- To provide the services, the equipment (e.g. an aerial, router or modem) must be connected to equipment belonging to you (e.g. a laptop or computer). We are not responsible for your equipment working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including power outlets or sockets) for the equipment. You must follow our instructions for this.
- Where we need to set up any services on your equipment you authorise us to have access to your equipment to perform such set-up (which may include the installation of software) and to check that those services are working properly. You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment, so that we can perform the set-up properly. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to the set-up of any services by us on your equipment.
- You are responsible for applying for any consents and permissions necessary for us to connect and maintain the equipment at your home (for example, any permission necessary to fit the exterior aerials required). We are not obliged to install or provide the services unless all consents and permissions have been obtained.
- Our obligation to provide the services is also subject to survey. If a survey shows that the services cannot be installed or connected at your home, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate this agreement. You will be notified of this as soon as possible after the survey. We shall not be under any liability whatsoever to you for any failure to provide the services in these circumstances but will refund you for any payments you have already made to Spot2spot for installation or the services.
- We do not have to connect the equipment at your home or otherwise keep to this agreement if:
your home is outside our service area or in a part of our service area where reception is obstructed, or we are unable to activate the services on your line or at your home for any reason.
b. you do not qualify under our current credit policy;
c. you are not able to be a customer because you have previously misused our services;
d. your computer or network interface card does not meet our minimum specifications for Internet access;
e. your computer or its operating software does not work correctly or normally for Internet access;
f. it is not practical to carry out the connection for health and safety reasons or for any other reason.
B About the services
If you keep to the terms of this agreement, we will provide you with the services.
b. As well as these terms and conditions, the services have other legal stuff which applies to the services and their use, as published by us on the Spot2spot website. These may be updated from time to time so please check the Spot2spot website regularly and read through it carefully. This other legal stuff includes our 'acceptable use policy' and 'traffic management policy'.
c. To make sure you are always getting the best possible service, we may monitor and record phone conversations you have with our teams.
d. From time to time, we may let you try certain services for free. We also have the right to withdraw these trial services at any time and without giving you notice.
e. From time to time, we may supply you with services or component part(s) of a service for promotional purposes, whether for a charge or otherwise. We may at any time stop such supply or change the promotional service or component part(s).
f. You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). For example, if someone who has access to your home uses the services, they will be considered to be within your control, and you will be liable for those charges. If you become aware of any fraud by someone else, you must tell us as quickly as you can. Under no circumstances should you give any PIN numbers and passwords to anybody else (unless you're happy for them to use your account and add charges on your account).
g. With your permission, we may monitor email and internet communications, including without limitation, any content or material transmitted over the services.
h. We also reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.
- Spot2spot VOIP
If you are keeping an existing phone number but taking the relevant phone line from us as part of the services, you authorise us to cancel that part of your agreement with your old provider which relates to renting that line. However, we cannot cancel any other agreements you may have with your old provider, for example, for renting equipment or for extra lines. Although we are usually able to arrange for you to keep your existing phone number when you transfer your line to us, we cannot guarantee this.
b. If we provide you with a telephone line, and you don't ask us to transfer your existing number, we will allocate a number to your telephone line. The telephone number and any rights in it belong to us and you may not sell or agree to transfer the number to any person.
c. You agree that we may give your name, address and phone number to the emergency services. Unless you tell us otherwise, we will also give these details to other authorised public communications operators and regulated directory service providers. This is so your details can be included in phone books and be obtained from publicly available directory enquiry services. We cannot accept any liability whatsoever for any failure by authorised public communications operators and regulated directory service providers to whom we provide information to comply with your listing request. We can tell you about other options that are available to protect and control how your information is used.
d. You accept that your telephone number must not be advertised in or on a public telephone box. If this happens, we may immediately suspend the services or end this agreement. However, we will use reasonable endeavours to contact you before we take this action.
- Spot2spot Broadband
For Internet access you agree that your computer will meet the minimum specifications as detailed on the Spot2spot website. You also agree that you'll either have a network interface card on your computer or will install one. You also agree that you will carry out a virus check before the services are connected. If this is not the case, we will not be able to provide you with these services. From time to time we may change the minimum specifications needed to use the Internet access, which will appear in our published materials or on the Spot2spot website.
b. Due to the nature of the Internet, we cannot guarantee specific levels of performance for Internet access.
c. You confirm and warrant that you are the owner of, and that you have obtained all necessary consents to use, the domain name, mailbox name or any other name selected by you in connection with Internet access.
d. You acknowledge that we cannot guarantee you will be able to have and use any name you request, and we may require you to select a replacement name if we believe that your current choice of name is, or is likely to be, in breach of our acceptable use policy.
e. Any Internet address allocated by us to you will at all times belong to us and you may not transfer the address to any person. If this agreement ends, your right to use the Internet address shall automatically terminate and thereafter you will not use the Internet address.
f. It is your responsibility to keep back-up copies of any data uploaded to our servers and you are responsible for any system you establish to monitor your webspace contents and use.
C Looking after your services
- We will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly and for us to provide the services to you.
- If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if maintenance is no longer required and you have not advised us, or if the maintenance necessary is the result of any one or more of the following, we will be entitled to charge you a service fee (listed in the price guides):
Misuse or neglect of, or accidental or wilful damage to, the equipment;
b. Fault in, or any other problem (including set up and specification) associated with, your own equipment or any system that we do not cover;
c. Your failure to keep to this agreement.
- You are responsible for maintaining any equipment that is relevant to the services which you own (for example, phones, computers and so on).
- We are not responsible if you are not able to use the services because your equipment (for example, your computer, network interface card, printer, or other equipment) does not work properly, is not compatible with the system or does not meet the minimum specifications or because of faults in any public communications provider's network (where applicable).
- Where we supply the services to you via your connection to another public communications provider's network it is your responsibility to maintain your connection to such public communications provider's network and we shall not be responsible or liable to you for failing to provide the services if such failure arises as a result of any interruption to or disconnection from the public communications provider's network or because of failure or inadequacy in any equipment for which we are not responsible.
D Using the services
- You are responsible for the way the services are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the services:
Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
b. Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
c. Perform any illegal activity;
d. Break, or try to break, the security of anyone else's equipment, hardware or software;
e. Deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
f. Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;
g. Copy, distribute, attempt to disassemble, decompile, create derivative works of, reverse-engineer, modify, sub-license, or use for any other purposes any software or equipment we provide except:
a) as set out in Section S in respect of open source software; and
b) that you may make a back-up copy of the software we provide for your personal use;
h. Use any services (including, but not limited to, phone services) for commercial or business purposes;
i) Use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the services to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice;
j. Use the services in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer. If we believe that you are using the services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of the services without giving you notice.
- You must, at all times, make sure that the way you use the services does not break the law or the rights of any other person.
- You will be liable for any charges from other organisations while using the services, as well as those billed by us as set out in our price guides.
- You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the services supplied to you under this agreement, or with getting the services without our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this section D.
- If you misuse the services, get services from us without our permission, or do not meet your responsibilities under this section D, we will be entitled to suspend the services, end this agreement and/or terminate any licence to use the software on the equipment.
- If a router or modem forms part of the equipment, you should take reasonable steps to make sure that, while it is not in use, the electricity supplied to it is not turned off and that it is in standby or rest mode (unless we advise you otherwise).
- It is up to you to make sure that if minimum age recommendations apply to any part of the services, those services are not viewed by anyone below that minimum age.
- Where a usage or storage allowance is allocated to you as part of the services, you are responsible for making sure that you do not use more than your allowance. We are not responsible for any negative consequences of your failure to do so. Furthermore, if you exceed any allowance applicable to your services, we reserve the right (at our sole discretion) to re-grade the services in question at the appropriate charge. If we make such changes, we will notify you as soon as possible.
- We reserve the right to remove by immediate notice material placed on our servers by you or other users which we, in our reasonable opinion, believe violates this agreement or is otherwise harmful to our interests or the interests of other users of the services.
- Some parts of the services enable you to access third party content and services (some of which may require you to accept additional terms and which may be subject to additional fees), and you agree that we are not responsible for any such third-party content or services.
E Using our equipment
- Where we hire equipment to you it will always be our property, and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your home.
- You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
Follow the manufacturer's instructions and any other instructions we have given you;
b. Keep the equipment in your home and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
c. Insure any of our equipment against any loss, theft or damage for the full replacement value;
d. Not tamper with disassemble, misuse, neglect or damage our equipment;
e. Not remove, tamper with or cross out any words or labels on our equipment.
f. Take proper care at all times to prevent the loss or theft of our equipment.
- You agree to tell us immediately about any loss or damage to any part of our equipment. You should do this by contacting our customer services team. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.
- If we or you end this agreement, if you decide to disconnect from some of our services, or if you wish to take up an offer to upgrade the equipment we provide to you, you must return the equipment to us or (if we choose) make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost and reasonable recovery costs of the equipment. If we hold any money, we may use that money towards the cost of the equipment. If we have supplied you with any additional equipment, we'd encourage you to dispose of it responsibly if you're no longer using it so please contact us for further information about disposing of your additional equipment.
- Any equipment which you own and which you connect to the system (for example, phones, fax machines, computers) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment.
- We will not be liable in any way for any loss or damage arising from your use of your equipment with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.
- We and our suppliers retain title to and ownership of the software for the equipment we provide to you and all intellectual property rights in and on that equipment.
- We reserve the right to automatically enable any additional and separate bandwidth on the equipment we provide in order to offer a separate wireless local area network (Wi-Fi Hotspot) for other customers in the local area to connect to.
F Paying for your services
- You must pay the charges for the services as set out in our price guides or as otherwise notified to you, together with any applicable value added tax or other applicable taxes. We can change the charges as set out in paragraph H3, but if we do so, this may entitle you to end this agreement. You can read more about this in paragraph J3. All payments by you should be made to Spot2spot, which will provide you with all necessary payment handling services for Spot2spot. Spot2spot agrees to collect and process all payments made by you to it promptly and ensure that they are applied in settlement of the charges to which they relate. Spot2spot may charge you a separate service fee for collecting and processing such payments as provided in paragraph F4(c) below.
- You must ensure that your payments are received by Spot2spot by the due date for payment shown on your bill. If you do not pay your bills on time, you will be liable to interest or other charges for your default. We may also charge you the full amount of any bill and you may lose any discount we have given you. We will also suspend or cancel the services and charge you the costs of debt recovery proceedings to recover any debt you owe under this agreement.
Under this agreement, if you ask for any changes to the services provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
b. You may choose to pay your bills by cash, cheque, credit or debit card.
c. If any cheque of yours is cancelled or is not cleared by your bank or building society, we are entitled to charge you a default fee and the provisions of paragraphs F3 and F4(c) will also apply.
d. You may choose to receive an E-bill instead of a paper bill. If you choose a paper bill, you agree that we may charge you a separate charge each month.
e. You must provide us with a valid and current e-mail account to use E-billing. The accuracy of that e-mail address is entirely your responsibility.
f. We reserve the right to refuse use of the E-billing service to anyone for any reason whatsoever, or to modify or discontinue (permanently or temporarily) the E-billing service to you or all recipients, in our absolute discretion.
g. You shall remain fully responsible and liable to pay any bills of which notification has been sent to the e-mail address you have specified whether or not:
a) you access that e-mail account and read the relevant e-mail;
b) you are disconnected from your e-mail account (for any reason); or
c) for any other reason (other than our negligence) you fail to read the relevant notification.
i. We cannot guarantee uninterrupted and/or reliable access to the E-billing service, and make no guarantees whatsoever as to its operation, availability, functionality, that it will be free of error or disruption or otherwise.
j. You agree to use the E-billing service responsibly.
k. Reminders will normally be sent for late bill payments. We may also charge Interest at the yearly equivalent of 4% over Clydesdale Bank PLC’s base rate for the whole period of any late payment. The interest is worked out daily.
l. If you want to change any of the services agreed to, we may charge you an administration fee. We will notify you of the amount of any such charge when you request the change.
m. You may be asked for any deposit at any time (as we believe to be reasonable in the circumstances) as security for the equipment and in case you do not pay your bills or return equipment provided to you. All or any part of this deposit may be used to pay any charges you owe under this agreement. We may (but do not have to) return your deposit after twelve months if we believe that you have a good payment history. We will usually (but not necessarily) consider you to have a good payment history if you have paid your account for twelve months in a row without your services having been restricted, suspended or disconnected and you are not having to pay under a payment plan.
- We are entitled to carry out credit checks on you at any time. This will be done by making searches about you at credit reference agencies who will supply credit information about you, as well as information from the Electoral Register. The agencies will record details of the search, whether or not the application goes ahead. We may use credit-scoring methods to assess the application and to confirm your identity. We and other companies may use credit searches and other information which is provided to us, or the credit reference agencies (or all), about you (and those to whom you are linked financially) if credit decisions are made about you, or other members of your household. This information may also be used to trace debt and manage your account and to reveal information on your payment history to the usual credit agencies. Your details will be checked with fraud detection agencies and if false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:- checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts and facilities; recovering debt; checking details of proposals and claims for all types of insurance; checking details of job applicants and employees. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Please write to Spot2spot’s if you want to receive details of the relevant fraud prevention agencies. You have a legal right to these details.
- If at any time before or during the term of this agreement you fail to meet the credit conditions imposed by us, we may do the following:
Require you to make a payment (which shall be made to Spot2spot) in advance for future charges;
b. Enforce credit limits on you for any charges (to the extent that we and/or Spot2spot, as appropriate, believe is reasonable in the circumstances), restrict the level of services we provide to you, only allow certain methods of payment and/or suspend some or all of the services at any time when you reach the limits until we have received the full payment of any charges you owe under this agreement;
c. Demand a deposit from you as described in paragraph F4(m) above.
G Your details and how they are looked after
- You must provide promptly and accurately all the information which may be needed so that we and Spot2spot can perform our respective obligations under this agreement. You must also tell Spot2spot and us immediately if any of your details change.
- By having the services provided by us installed in your home and/or by using them you are providing your consent to use your personal information together with other information for the following purposes:
providing you with the services, service information and updates;
b. administration, credit scoring, customer services, training;
c. tracking use of our and Spot2spot services (including processing call, usage and billing data)
e. personalising your experience of the services based on your usage (for example tailoring advertising contained within the services so that it corresponds with your likely interests); and
f. improving and developing the services.
Your personal information may be used for these purposes for so long as you are a customer and for as long as is necessary for these purposes after we cease providing services to you. Occasionally third parties may be used to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions (as applicable).
- We may share with third party’s information about your use of the services in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
- Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
- If you’ve not previously given us your consent to receiving marketing information as set out above and you’d like to receive this information from us, let us know by calling us.
- If you change your mind at any time and no longer wish to receive this information from us, that's okay. Just call us. If you opt out of receiving this information from us, we will not contact you for marketing purposes. Remember that if you say you don’t wish to receive any promotional information from us, this will exclude you from receiving any of our special offers or promotions which may be of interest to you.
- By having the services installed in your home and/or by using them you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary, for providing the services. If such a transfer is made, a contract will be put in place to ensure your information is protected.
- You have a right to ask for a copy of your information (for which we charge a small fee) and to correct any inaccuracies.
- If you do not pay your bills for the services, then we reserve the right to transfer your debt to a third party in which case your personal information will also be transferred to that third party for it to use in connection with the recovery of your debt. Such third party will take such action to recover your debt as it considers appropriate and will not be acting on behalf of or to our instructions.
H Changing this agreement
- You may add to or reduce the services you receive from time to time by contacting our customer services team. If you ask us to provide any extra services to you, you agree to accept those additional services for at least the minimum period that applies to them. If you ask us to reduce your tier of services within the minimum period for those services, we may ask you to pay a fee depending on the services being reduced and the remaining length of the minimum period. If you wish to reduce your tier of services or remove any additional services, you must give us 30 days’ notice and pay any charges (including usage charges and line rental) up to the end of that 30-day notice period.
- We may at any time improve, modify, amend or alter the terms of this agreement and/or the services and their content if:
there is any change or amendment to any law or regulation which applies to Spot2spot or the services provided to you;
b. We decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, our reasonable opinion, it is necessary to do so;
c. for security, technical or operational reasons;
d. if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or
e. in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.
However, you will have the right to cancel the affected services or end this agreement if the changes are significant, as described in paragraph J3.
- We may change our charges at any time. Any changes to our monthly charges will be published by us on the Spot2spot website and we will also give you notice of the change(s) at least 30 days before the changes take effect and you may cancel the services affected in accordance with clause J3.
I Suspending services
- We may suspend any or all of the services immediately without notice if:
you have broken this agreement (including the other legal stuff, like the acceptable use policy) (and in such an instance we reserve the right to reduce the level of services affected);
b. you exceed any allowance applicable to your services (and in such an instance we reserve the right to reduce the level of services affected);
c. maintenance, repairs or improvements to any part of the services or the system need to be carried out;
d. we have to do so by law or in line with a contract;
e. you go over any credit limit on your account;
f. we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment or at any time during the provision of the services;
g. we believe that you or another person at your home have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the services or equipment (or both);
h. we do not receive a signed copy of the contract document from you within 30 days of installing your services;
i. you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
j. in our reasonable opinion it is necessary to do so.
- If the services are suspended because you have broken this agreement or if paragraphs I1(b), (e), (f), (g) or (h) apply, we may make a charge to reflect our costs in connection with suspending and starting the services In normal circumstances you must pay this charge before you can use the services again. You may also be liable for all charges for services during this period of suspension.
- If the services are reduced because paragraphs I1(a) or (b) apply, then during any period of reduction, you will remain liable for the payment of your original level of charges.
- For your and our protection we can suspend the services if the number of calls or charges for calls made by you has increased to such an extent that it appears, in our reasonable opinion, that the services are not being used in a manner consistent with your previous use. We will make reasonable efforts to contact you before suspending the services, but we are not liable for any loss you may suffer through this suspension. We will not provide the services again until we are satisfied that you know of the increased usage and are aware of the consequences of that increased usage. We may also:
ask you to make a payment of a deposit (which shall be made to Spot2spot) as security for your charges; or
b. prevent you from making international calls and/or premium rated calls if in our reasonable opinion they form a significant proportion of your charges.
J Ending this agreement
- Either you or we may end this agreement at any time (including during or at the end of any minimum period) by giving the other 30 days' notice. You must pay any charges (including usage charges and line rental) up to the end of that 30-day notice period. You may also have to pay an early disconnection fee if your services end within the relevant minimum period as set out in paragraph J2.
- If you end one or more services during the minimum period for such services (other than in the circumstances outlined in section K or paragraph J3), or if you break this agreement and we end this agreement under section L (including for non-payment of charges) within the minimum period applicable to those services, you must immediately pay (to Spot2spot) an early disconnection fee in respect of each cancelled service by way of compensation to us for ending those services You can find details of these charges on the Spot2spot website. The early disconnection fee will not be more than the charges you would have paid for your chosen services for the remainder of the minimum period less any costs we save, including the cost of no longer providing you with those services.
- If we:
a) increase our charges under this agreement
b) make significant changes to the services so the services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
c) make significant changes to the terms and conditions of this agreement (including the other legal stuff),
you may cancel those services affected without penalty by giving us (as applicable) at least 30 days' notice. Such notice must be given within 30 days of the increase in charges or changes to the services or this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us and/or Spot2spot (as applicable) within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to the services and this agreement. You will no longer be able to cancel your services under this paragraph. If you cancel any services in these circumstances, the increased charges will not apply to those services during the 30-day notice period and paragraph J2 will not apply if you cancel before the end of the minimum period.
- If we break the terms and conditions of this agreement, you're free to end this agreement.
- We may end this agreement immediately by giving you notice:
if our authority to operate as a public communications provider is suspended for any reason;
b. if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
- When this agreement ends or you cancel a service, we will deactivate (permanently switch off) any relevant equipment we supplied to you to provide the services. You will no longer be able to use the equipment.
- If you fail to return or make available for removal any item of the equipment which we have hired to you, you may have to pay extra charges for such equipment, including the replacement cost and reasonable recovery costs. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment.
- If this agreement is ended for any reason, or if any of the services are cancelled, we will be entitled to keep any money held (including deposits and advance payments) and to use that money to pay any obligation or debt you may owe under this agreement. We'll get in touch with you to refund to you any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance. If that's the case, we'll donate the account balance to charity. We may also donate your account balance to charity, whatever the amount, if we have not been able to contact you within six months of the date of termination of this agreement.
K Moving home
- If you move to another address within our service area, you may ask us to provide the services to your new address. You must provide at least one month's notice to do this, but we cannot guarantee to provide you with the services at your new address.
- If you move to another address during any minimum period paragraph J2 will apply, unless you continue to receive our services at your new address (in which case paragraph K3 will apply).
- If we agree to provide the services to your new address, you may have to pay a service transfer charge (to be paid to Spot2spot). Details of the service transfer charge are set out in the price guides. We will also send you a new contract for the services at your new address and you will have to keep the services for the minimum period. The service start date for your new minimum period will be the date that the services are installed at your new address. You may not be able to keep your phone number if you move to a new house.
L If you break this agreement
- We may end any of this agreement immediately if:
you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
b. we believe that you or another person at your home have committed, or may be committing, any fraud against us, or any other person or organisation by using the services or equipment (or both);
c. you break any of this agreement (including the other legal stuff) and, if you are able to put things right, you have not done so within seven days (or such other period as we specify) of us asking you to do so;
d. We have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment from us or at any time during the provision of the services;
e. any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
f. we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
g. you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
h. we are specifically entitled to do so under any other section of this agreement.
- If you break this agreement and we choose to overlook it, we can still end the agreement with you if you break it again.
- If we end this agreement because you have broken this agreement as set out in this section L (including where you have not paid the charges which you are liable to pay under this agreement)during any relevant minimum period, we are entitled to: (a) charge you for any charges including line rental and usage for; and/or (b) prevent access to; and/or (c) disrupt access to; those services.
- If you break this agreement by committing fraud or any other criminal activity, we will report you to the police, who may take legal action.
M Visiting your home
- You authorise us to install, keep and use apparatus (including but not limited to equipment and additional equipment) at your home and you agree that we and our employees, agents or contractors may enter your home so that we can:
carry out any work that is necessary for us to connect, maintain, alter, replace or remove any apparatus necessary for us to supply the services you and others have asked for; and
b. inspect any apparatus and equipment (like your computer) which you may keep there.
- We agree to cause as little disturbance as reasonably possible when carrying out any work at your home. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your home.
- You agree not to do anything, or allow anything to be done, at your home that may cause damage to or interfere with any apparatus or prevent use or easy access to it.
- You confirm that you are:
the current occupier of the home; and
b. either the freeholder of the home or a tenant under a lease of 12 months or more.
- We cannot normally be required to remove permanent installations if you terminate this agreement or move from your home.
N Liability to you
- Our liability to you is limited as set out in paragraphs N2 to N6.
- We will not be liable to you for:
any indirect loss or any loss which is not a reasonably foreseeable consequence of negligence or breach of this agreement(including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
b. lost or destroyed data or software;
c. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss; or
d. direct physical damage to your property (including any of your equipment upon which we have set up the services) unless it has been caused by our negligence or the negligence of their employees, agents or contractors while acting in the course of their employment (and even then our liability will not be more than £100,000 for any one event or series of connected events).
- When we carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent service provider only.
- We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the services, or for transmitting or receiving, or failure to transmit or receive, any material through the services.
- If you deal with any other individuals or organisations using the services (for example, by buying or renting goods or services from them or ordering goods from them using our Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
- We will not be liable to you for the contents of any material from other individuals or organisations which may be accessed through the services. We also reserve the right to block access to any such material.
- Spot2spot does not restrict or exclude liability to you for:
death or personal injury resulting from our own (or our agents' or contractors') negligent act or failure to act;
b. direct physical damage to your personal property up to £100,000 for any one event or series of connected events where the damage arises from our own (or our agents' or contractors') negligence; or
c. any of our respective liabilities which, by law, we must cover you for, including any liability arising out of part 1 of the Consumer Protection Act 1987 or from us breaking our respective duties under sections 4.1 or 11.4 of that Act.
O Matters beyond our reasonable control
- We will not be liable for failing to do what it promised under this agreement if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial disputes.
- Any notices we give to you must be in writing and be delivered by hand, sent by fax, ordinary post to you at your home or sent electronically. Any notices you give to Spot2spot should be given in line with the directions set out on the Spot2spot website or in your Welcome Pack. Any notice period will start from the day on which the notice is delivered if it is delivered by hand, two working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent by fax or electronically.
Q Transfer of agreements
- This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written agreement. For business reasons we may transfer any of our rights and responsibilities under this agreement without your permission.
R The law and how your complaints are resolved
- This agreement will be governed by English law.
- We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame. If you'd like to find out how Spot2spot does this, please see our Complaint Resolution Code of Practice which is available within the Legal Stuff on the Spot2spot website or ask our team.
S Open Source Software
- Certain components of the software for the equipment we provide to you are subject to so-called open-source licences. This open source software is not subject to the restrictions in paragraph D1(g) above but is subject instead to the terms of the applicable open source licence. You are free to use, modify and distribute open source software, so long as you comply with the terms of the applicable open source licence. We’ll tell you which open source licences apply (if any) in the documents which come with your equipment, as well as where you can go to find any modifications in source code form.
The words in bold throughout this agreement have the following special meanings:
the terms and conditions set out in this document, the other legal stuff, together with all the details set out in any contract document we ask you to sign.
any telecommunications or other equipment we supply to you as an essential part of providing the services (including upgrades and replacements). This may include (but is not limited to) any cable modem, aerials, routers, cables and ducts. This does not include batteries or certain accessories which may purchase from us, nor does it include any equipment which you may purchase from a supplier recommended by us or an alternative supplier. This is referred to as 'additional equipment'.
the residential property where we or you install apparatus (including but not limited to the equipment) and to which we agree to supply the services.
us providing Internet access, whether by way of high-speed Internet connection or by dial-up Internet access services through a phone line.
the minimum period that you must keep a service, starting from the service start date or such other minimum period as you have agreed with us. For example, unless you are told otherwise by us, you must keep the phone service and the Internet access service for 12 months from the service start date in each case and, in the case of other services, for at least 30 days. We may change the minimum period for any service, but this will not affect you if you have already subscribed to that service.
the minimum specifications required to use the services as set out on the Spot2spot website or as we tell you from time to time.
'normal working hours'
these are 9am to 5pm on Monday to Friday. These hours may change.
'other legal stuff'
as well as the terms and conditions set out in this document, there are additional terms and conditions which apply to your services as published by us on the Spot2spot website or can be accessed through the services, as updated by us from time to time. If there is any conflict between the other legal stuff and the terms and conditions in this document, the other legal stuff will apply.
the current list of charges for each of the services.
'public communications provider'
means a public communications provider as set out in section 151 of the Communications Act 2003.
'service start date'
the first date on which each service is available for you to use or, where no installation is required, the earlier of the date your service is activated or seven days from the date you ordered the services from us or, where you install the services yourself, it will be either the date you activate your services or the date we receive confirmation that your installation kit has been delivered, whichever is earlier.
the services you have ordered including any new, extra or substitute services which we agree to supply you at a later date.
an electronic communications system or network.
the website at www.spot2spot.co.uk or any other website address we may tell you about.
Spot2spot Limited (company no. 08621704) is registered in England. The registered office address is: 3 Beaumont View, Norton, Stockton On Tees, Cleveland, TS20 2TS.