1. WHO WE ARE
1.1. Your Agreement is with Brillband Limited, registered in Scotland under number SC660902 at 272 Bath House, Glasgow, Scotland, G2 4JR.
1.2. This Agreement applies to all consumer customers who take out a Brillband Service plan for their own personal use unless stated otherwise.
2. JOINING US
2.1. The basics. When you join us we’ll agree certain things with you and set them out in your service confirmation email. This document will include important information like: (a) your chosen services and how much these will cost you per month; (b) how long we’ll provide your chosen services to you and the minimum period you have agreed to stay with us; (c) additional services you have chosen as part of you package, when they start and end and when you’ll be charged for these; and (d) any upfront charges you’ve paid or may have to pay for your equipment where applicable.
2.2. Charging. The Price Guide sets out current pricing information. This includes the current monthly cost of our Brillband Service plans (billed for the month ahead unless we say otherwise), usage charges, charges for third party services (billed after use unless we say otherwise) and any other charges for the Brillband Service provided to you or to someone who is authorised by you. All these charges will be added to your bill. Please see the latest version of the Price Guide (which is updated from time to time) for details.
2.3. One off charges. Delivery charges, router fees, connection and installation charges may apply. You will be informed of these charges (if they apply) when you order the services and they will be set out in your Service Confirmation email (if they apply).
2.4. Payment. You’ll need to pay for all charges within 7 days of the date of your bill. We ask that you pay by credit card via Stripe. Where VAT applies it will be included in the charges. If you pay late we’ll charge interest of 2% above the base rate of Barclays Bank each year and you’ll also need to pay a reasonable administration charge to compensate us for the administration costs incurred (see the Price Guide for details).
2.5. Change of Brillband Service package. If you request a change of package or a renewal of your Agreement with us and we agree, you will need to agree to a new minimum period and you will need to pay the new charges applicable to that agreement. Early termination fees may apply if you change your package during your current minimum period. However if we can change your package at no cost we will always do so.
3. DURING YOUR AGREEMENT WITH US
3.1. We do not commit to providing the Brillband Service until we have successfully completed all feasibility checks.
3.3. Installation. You must be the current occupier of the property or have permission of the property owner for us to install the Brillband Service at your address. We will visit your premises on the installation date provided in your Service Confirmation Email. You or another person authorised by you who is over 18 needs to be present during the installation. There may be a fee for an engineer visit, we will let you know the cost if this is required before confirming your order.
3.4. You may need to sign a “Wayleave agreement”. You are responsible for obtaining consent from your landlord/free holder and should installation be prevented or aborted due to a lack of consent a charge may be levied.
3.5. Installation Offers. If you end your Brillband Service before the end of your Minimum Term an early termination fee will apply. Where you have taken advantage of an installation offer and your installation is free or you pay a reduced price compared to our standard installation price, we may charge you the difference between the lower price you paid (if any) and the standard price for installation. This cost will be factored into your early termination fee (and will reflect the cost we have incurred for installation). Note our standard installation costs vary depending on the type of broadband service you have selected. Full details can be found in our Price Guide.
3.6. Equipment. We will supply the Brillband Service equipment to you. You can use your own router to receive the Brillband Service but you must: (i) ensure it is compatible; and (ii) use your Brillband router in order to display speed information on the Brillband Broadband app.
4. SETTING UP AND USING THE SERVICES
4.1. You’re responsible for other people that use your equipment and services which are only for your personal non-commercial use. You must not: (i) use the equipment or service for any purpose that may be abusive, a nuisance, illegal, or fraudulent; (ii) do anything that causes the network to be impaired; and (iii) use automated means to make calls, texts or send data (including via a GSM Gateway). For more information on using our services and restrictions please review our Acceptable Use Policy.
4.2. Downloading third party content. A copyright owner’s permission may be required for downloading protected content. Downloading protected content without the copyright owner’s consent may constitute a criminal offence. Please see our Acceptable Use Policy for more details.
5.1. Paying what you owe us
a. You must pay the charges for each service, whether you use them or someone else does.
b. We’ll normally bill you regularly and in advance for the period ahead. If we need to charge you for anything extra (for example, for going over any usage limit), we may add those charges to a later bill.
c. You must pay any bills as soon as you get them either by direct debit or Stripe, unless we agree otherwise with you.
d. If you genuinely think we’ve made a mistake on your bill, tell us straight away. We won’t suspend or end a service while we look into the matter. You must pay the amount you agree that you owe.
e. If you don’t pay your bill on time, we’ll chat, sms, email or phone you. If you still haven’t paid 10 days after the date of our reminder (or seven days if you pay once a month), we may add a late-payment charge to your next bill.
f. If you don’t pay a bill, we won’t normally suspend or end a service until 21 days after the date your payment was due (or 21 days if you pay monthly). However, if this isn’t the first time that you haven’t paid a bill on time, we may suspend or end a service earlier.
g. If you don’t pay your bill, we may give your details, including your personal information, to a debt-collection agency and ask them to collect the money for us. If we do, you’ll have to pay an extra charge to compensate us. The debt-collection agency, will add the charge to your debt. VAT will not be added to any extra charge we add to your bill.
We might also transfer your debt to any other business (in which case, your personal information will also be transferred) who may then try to recover the amount in a way it considers suitable.
This clause continues to apply after the agreement with us has ended.
6. IF SOMETHING GOES WRONG
6.1. We’ll provide our services with reasonable skill and care. However, our services are not fault-free and are not available everywhere in the UK. Please check availability in your area. There are a number of reasons why you may find problems with the service and these include environmental factors and the general availability of our network. You acknowledge that there are factors outside of our control which will limit our ability to provide the Brillband Service to you.
6.2. Please contact us if you experience a service issue that means you are unable to access the public internet and we’ll attempt to fix it. If the Brillband Service are disrupted for maintenance or due to a technical fault on the network you may be entitled to a partial credit of your monthly cost based on the number of days you are without our services.
7. LEAVING US / SUSPENDING THE SERVICES
7.1. Cancelling, returns and faulty equipment. Please read our Returns Policy for details. It also sets out what to do if your equipment is faulty and how you can return your equipment or get your equipment fixed or replaced. You should contact us immediately in the event of any damage to or loss of the broadband equipment using the contact details at the end of these Home Broadband. We may need access to your premises in order to carry out repairs and you agree to obtain the necessary consents and provide us with the access required to carry out such repairs.
7.2. Return of Equipment.
If the Brillband Service are terminated by you or us prior to your service activation date or within 14 days of your service activation date then you must return any Brillband Home Broadband equipment to us within 30 days of cancellation. If you do not return the equipment within 30 days or if it is damaged when you do return it, you will be charged a reasonable fee as set out in the Price Guide. We’ll advise you on how to return any equipment on cancellation.
7.3. If you want to end the Agreement.
a. Changing your mind. If you have changed your mind you can cancel your order by contacting us within 14 days of your service activation date. We will refund all payments received from you including costs of delivery of equipment but excluding installation costs (see below). You will need to return any equipment provided to you. Where we have started to provide the services to you before the date you cancel you must pay for any service you have already received.
b. Installation Costs. You have the right to cancel your order as detailed in clause 8.3(a) above but you will need to pay for any agreed installations costs.
c. If you choose to leave us at least 14 days after your service activation date but whilst you are within your minimum period, you’ll need to pay an early termination fee. The fee is based on the monthly charge of your Brillband Service and the remaining time left before your minimum period ends. Please see the Price Guide for details of how your early termination fee will be calculated.
d. If you’re outside of the first 14 days following your service activation date and your minimum period has elapsed, you can cancel at any time but you’ll still need to give us 30 days’ notice.
e. Because of the quality of our services – If there is a continuous or regularly recurring degradation of the Brillband Service or if we don’t do something fundamental that we should have done under this Agreement, you may be able to leave the Agreement early without paying a termination fee. Please also see “Problems with our Services” and “Broadband Speed” above. Contact us to discuss your options.
7.4. If we want to suspend our services or end the Agreement.
a. We may end the Agreement if we are permanently unable to provide our services to you or by giving you 30 days’ written notice (for any reason). You won’t have to pay a termination fee in this case.
7.5. If you are moving house.
a. Please let us know at least 30 days in advance of your moving date. If you wish to transfer your Brillband Services to your new address, we will conduct a service availability check. If we are able to provide the services at your new address, we will arrange the transfer. Connection charges may be applicable for connecting the Brillband Services to your new home.
b. If we are unable, for any reason, to provide a Brillband Service to your new address in the UK then you will be entitled to end this Agreement subject to provision by you of reasonable evidence of your change of address and payment by you of all charges owing up to the date that we disconnect your service. We reserve the right to apply any termination fees/or charges. Please see the Price Guide for details.
8.1 How we can change a service, service features, equipment, charges and terms and conditions of the agreement
c. We may change a service, service features, loaned equipment, charges and the terms and conditions of the agreement at any time for the reasons listed in clauses 9.2. If this clause applies:
i. We’ll tell you at least 30 days before the change, unless we can’t reasonably do that (for example, if the change is for legal or regulatory reasons, in which case we’ll give you as much notice as possible).
ii. We’ll give you the opportunity to give us 30 days’ notice to end the agreement or, if applicable, the additional service without having to pay any extra charges or a fee for leaving early. But you’ll have to tell us that you want to do this within 30 days of the date of the notice that we send you.
8.2. Changes to a service, service features, loaned equipment and terms and conditions of the agreement.
We may change a service, service features, loaned equipment and terms and conditions of the agreement to do the following.
i. Make the agreement clearer or easier for you to understand or change it in another way
ii. Change, improve, update or add to a service, service features or loaned equipment you get
iii. Introduce new services, service features or loaned equipment (for example, if we introduce a new calling feature or security product).
iv. Change your area code or phone number, or access numbers.
v. Change the provision of Customer Services via the Companion Application.
vi. Change the way we structure our prices, charges, a service, service features or loaned equipment (for example, if we change the names of our products or services, their content or their descriptions).
vii. Add new service features
viii. Add to or change the way we provide a service, service features or loaned equipment
ix. Reflect changes to or developments in technology (for example, we may develop the way we provide a service, or introduce new ways to pay for a service, or develop and introduce new systems which give you a better service).
x. Withdraw, replace or remove all or part of a service, a service feature or loaned equipment.
xi. Make minor changes to technical specifications (for example, limits for transferring information associated with a service and the technology we use to provide a service to you.)
xii. Update, upgrade, improve or alter a service, service features or loaned equipment (for example, to fix bugs or faults, tackle security issues, improve software or equipment, change the way a service looks or improve how the loaned equipment works).
xiii. Reflect a change in our ability to provide a service, service features or loaned equipment in a particular area (for example, if we increase our coverage somewhere).
xiv. Reorganise the way we manage or run our business.
xv. Reflect any change to a law, code of practice, regulation, guidance or responsibility that applies to us.
8.3 Other changes to a service, service features, loaned equipment or terms and conditions of the agreement
Because we might provide a service to you for a long time (not just for the minimum term), and we can’t always predict the future, we may need to make changes for a reason not listed in clause 9.2 If we do, we’ll give you notice, and you may be able to end a service in line with clause 8.3.
9. WHAT WE DO WITH YOUR INFORMATION AND CONTACTING US
9.2. Fraud prevention agencies. The personal information we collect from you may be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance or employment.
10. OUR LIABILITY TO YOU
10.1. We’ll be legally responsible to you for any loss or damage that is directly caused by us or which we could be reasonably expect at the time we entered into the Agreement with you. We will not be liable for loss of income, business, profit, savings and missed opportunities claims. Except for fraud or where our negligence causes death or personal injury, we will not pay more than £3000 or 150% of the charges in the previous 12 months, whichever is higher, for each claim or a series of related claims. Nothing in the Agreement: (i) excludes or limits our liability for anything we can’t exclude or limit by law; or (ii) affects your rights under applicable law or regulation.
11. TERMS USED IN THIS AGREEMENT
Brillband-owned equipment – any equipment which we own or is part of our network, or any equipment that belongs to our service providers, even though it’s in your home.
Charges – the fees you pay for a service and any service feature, including the core charges, plus anything else you need to pay in line with the agreement, our Tariff Guide or our Price List.
Cooling-off period – the period from the date the agreement is made until 14 days after:
• the loaned equipment (if any) is delivered;
• the service start date; or
• the day you receive your order confirmation;
whichever is latest.
Minimum Term – any initial period of eighteen months (18) during which you’ve agreed to pay for a service, as shown in your order confirmation.
Service features – any products, features, benefits, ‘add-ons’ or extra services we provide on top of or as part of a service. Service features might have extra terms and conditions that you will have to keep to.
Service start date – the date a service starts, as shown in your order confirmation (unless we tell you another date).
Service – the Brillband Service that we are providing you with under the agreement, as shown in your order confirmation.
Working days – Monday to Friday, except bank holidays and public holidays.
12 CONTACTING US AND COMPLAINTS
12.1. We’ll send you notices by text or email. If you need to speak to us or have a complaint, please contact us on: firstname.lastname@example.org We will always do our best to resolve any issue.
12.2. You can find further details on Consumer Rights here.
12.3 If we can’t fix your issue, you may ask that the matter is referred to an independent ombudsman under our Customer Complaints Code available on our website or by contacting us. Further information on this complaints process is available on our website.
© 2022 Brillband Limited.