Terms & Conditions

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Please read these Ts & Cs carefully as they contain important information about the service, its use and limitations; about the agreement between you as a customer and National Broadband Limited, which also trades as 4G Internet, 5G Internet and Satellite Internet; how to manage your account; changing or terminating your contract, subscription and Minimum Contract Period; and your Consumer Rights. In particular, your attention is drawn to Section 13 - Unacceptable Use.

In summary, we invoice in advance of service and will only provide the service to those who pay their bills on time and who don't do anything illegal or offensive or which is an abuse of the system (such as overuse, disruptive software, malware etc) or which degrades the service for other users.

We will use our best efforts to provide the service but, since the internet is a shared resource, no performance guarantees can be given.

If your application is accepted, agreement to these Ts & Cs is required to use the Service.

IMPORTANT: Strict restrictions on use of SIM card provided

It should be noted that it is a strict condition of service that any SIM card provided by National Broadband Ltd to Subscriber as part of provisioning Subscriber's broadband service MUST ONLY AND EXCLUSIVELY BE USED in the equipment as also supplied by National Broadband Ltd to Subscriber. If for any reason or at any stage, Subscriber removes any SIM card supplied by National Broadband Ltd and fits it into any other 4G- or 5G-enabled device (e.g. a laptop computer, tablet, mobile phone, alternative modem, alternative router or similar), then Subscriber specifically and unconditionally accepts and acknowledges that he/she may become liable for potentially substantial data overage charges or other charges as may relate to premium services, if these are utilised by Subscriber.

It should also be noted that it is a strict condition of service that any SIM card provided by National Broadband Ltd to Subscriber as part of provisioning Subscriber's broadband service MUST ONLY AND EXCLUSIVELY BE USED within the confines of the United Kingdom. If for any reason or at any stage, Subscriber accesses the broadband connection provided by National Broadband Ltd in any other country or territory, then Subscriber specifically and unconditionally accepts and acknowledges that he/she may become liable for potentially substantial and additional data roaming charges.

Applicable Terms & Conditions dependant on service supplied

In all cases, National Broadband Ltd shall invoice Subscriber for and Subscriber shall pay for any agreed one-off up-front charges relating to the provisioning of the ordered broadband service, including (where relevant) but not limited to:-

  • External antenna
  • Internal combo Modem/WiFi Router
  • Installation and set-up of such
  • Unique SIM card and account activation
  • Appropriate delivery charge
  • Any additional equipment ordered by Subscriber

However, it should be noted that National Broadband Ltd supplies broadband services according to two different transactional methodologies, dependent upon which network any Subscriber is provisioned upon.

In the majority of cases, National Broadband Ltd itself bills the Subscriber directly for the ongoing Service on a monthly basis and therefore has a greater level of responsibility to the Subscriber in relation to the Service.

In other cases, National Broadband Ltd shall simply arrange for the Subscriber to sign up directly into a contractual relationship with the providing Network Operator, who shall then itself bill the Subscriber directly for the ongoing Service on a monthly basis. In this event, the Network Operator shall hold all responsibilities to the Subscriber in relation to the Service.

Therefore different sections of the below Terms & Conditions shall apply dependent upon the case, as detailed below.

A. In the event where National Broadband Ltd itself bills Subscriber directly on a monthly basis for the ongoing provision of the Service (that being a direct transactional relationship between National Broadband Ltd and Subscriber), the following sections of the Terms & Conditions shall apply:-

Sections 1 - 23

 

B. In the event where National Broadband Ltd does not itself bill Subscriber directly on a monthly basis for the ongoing provision of the Service (that instead being a direct transactional relationship between the Network Operator and Subscriber enabled by National Broadband Ltd), the following sections of the Terms & Conditions shall apply:-

Sections 1-2, 3.1, 3.3-3.4, 3.6, 4, 5.1-5.2, 5.5, 5.7-5.12, 6-7, 8.5-8.11, 10-11, 14-16 and 20-23

Versions

  • This version 1st September 2021 and onward until superseded.

Terms and Conditions Sections

  1. Interpretation
  2. Service Accounts
  3. Managing Your Account
  4. Username(s) and Password(s)
  5. Charges and Billing
  6. Title to Equipment and Other Goods, Liability of Risks
  7. Warranty, Support & Service Calls
  8. Service Provision
  9. Service Parameters, Packages and Performance
  10. Installation
  11. Code of Practice for Complaints Handling and Dispute Resolution
  12. Internet Service
  13. Unacceptable Use
  14. Other
  15. Breach of Contract
  16. Consumer Contract Regulations
  17. Duration of Contract, Minimum Contract Period and Account Upgrade
  18. Early Termination Charge
  19. Termination of Contract
  20. Indemnity
  21. Giving Notice
  22. Entire Contract
  23. Law and Jurisdiction

1.    Interpretation

1.1.         In this Contract unless the context otherwise requires:

1.2.         "Network Operator" means an organisation or company operating and/or owning a 4G, 5G or satellite network and providing broadband services over such, such as Vodafone, O2, EE, Three, Starlink, OneWeb or similar.

1.3.         "NBL" means National Broadband Limited, whose registered office is at 3 Phoenix Park, Apsley Way, London, NW2 7LN, or any trading name of NBL.

1.4.         "Account", "Your Account", "Your "My Account"", mean the Subscriber, Service and Account details registered by Subscriber and provided by National Broadband Ltd in order to provide the Service to the Subscriber.

1.5.         “Activation Charge” is the Charge payable to create a new Account. “Re-activation Charge” is the Charge payable to re-activate an Account which exists but has been terminated but not yet deleted.

1.6.         "Broadband Service Provider" means the company that makes the Service available.

1.7.         "Charges" means the charges payable by the Subscriber, details of which are publicised at www.national-broadband.co.uk, www.4g-internet.co.uk, www.5g-internet.co.uk and www.satelliteinternet.co.uk as relevant.

1.8.         "Content" means any data, information, graphics, video, sound, music, photographs, software and any other material (in whatever form), which may be made available to Subscriber as part of the Service.

1.9.         "Contract" means these terms and conditions and any documents referred to in them, including the Charges for the Service and any Promotional and Special Offer Terms and Conditions which may apply to particular orders and subscriptions at the time.

1.10.         “Early Termination Charge” (ETC) is the amount payable when terminating this agreement before the Minimum Contract Period has ended.

1.11.      “Equipment Set” and “Equipment” are equivalent terms describing the internal combo 4G or 5G Modem/WiFi Router and in some cases the external 4G antenna - should such latter be necessary in order to receive the Service - supplied by us.

1.12     "ICCID" means the unique identifying number of the SIM card the Subscriber uses to access the Service.

1.13.      "Minimum Contract Period" (MCP) means the period of time you will have to agree to stay with us when placing the order at which time both the period and the level of charges payable shall be identified. Minimum Term and Minimum Contract Term references in other documents should be interpreted as “Minimum Contract Period”.

1.14.      “Minimum Contract Period”, “Early Termination Charge” and “Minimum Notice Period” terms are defined as per OFCOM definitions.

1.15.      “Minimum Notice Period” (MiNP) is the amount of notice required by us from you when you wish to give notice.

1.16.      "Service" means the Broadband Service enabled by any Network Operator, a method of accessing the Internet, or such other services as NBL may offer; such Services may change or be added to from time to time.

1.17.      "Start Date" means the date when the Subscriber agrees to be bound by these Terms and Conditions by agreeing to purchase the Service or items by phone or email communication.

1.18.      "Subscriber" means the person or legal entity with which NBL makes this, or any part of this Contract.

1.19.     “Ts & Cs”, “Ts and Cs” are equivalent terms to “Terms and Conditions”.

2.     Service Accounts

2.1.         In order to use the Service, Subscriber is required to have opened an Account. By so doing, Subscriber is deemed to have accepted the Ts & Cs.

2.2.         One Account shall provide a single unique Username with the ability to use the Service via a specific single Equipment Set (including the SIM card with specified ICCID).

2.3.         Each Account must have Subscriber Billing Details including a payment card associated with it.

2.4.         Only one connection, Equipment Set and installation can be associated with each Username / Account.

2.5.         Each Username / Account can only have one connection, Equipment Set and installation associated with it.

2.6.         If multiple terminals and connections are required, a separate Account must be opened for each. It is not possible to have a single Username / Account with Multiple Equipment Sets.

2.7.         Accounts shown as being part of the Personal range are only available for home/domestic usage and monthly subscriptions must be paid for via Direct Debit from a personal bank account.

2.8.         Businesses looking to set up on the Service for business usage and pay monthly subscriptions via Direct Debit from a business bank account shall need to select an Account from the Business range.

3.     Managing Your Account

3.1.         Your Account is managed online by email and via your "My Account" page. We will contact you about your account with us via email so you must always keep your email address and other details up-to-date by logging in to your "My Account" page via a weblink provided.

3.2.         Your VAT Invoices are available on your "My Account" page and can be printed from there.

3.3.         You manage your account through the same "My Account" page to see your account status, contact details, ICCID number of your SIM card and other information specifically relating to your account. Please make yourself familiar with it.

3.4.         Please also ensure you set your spam filter to accept our emails or you may miss important notifications such as invoice reminders and risk being cut-off due to non-payment.

3.5.         Where applicable, you must also keep your credit or debit card or your Direct Debit mandate details up-to-date so that payments don't fail or the Service may be withdrawn due to non-payment.

3.6.         The information that Subscriber provides on the Subscriber "My Account" page shall be true, accurate and complete. Subscriber agrees to inform NBL of any changes to Subscriber's Account Details immediately by updating the Subscriber's "My Account" page.

4.     Username(s) and Password(s)

4.1.         In order to use the Service, access the "My Account" page and use the email account if supplied, Subscriber will be issued with unique user name(s) and password(s). Subscriber is responsible for the security and proper use of all user names and passwords relating to the Service and must take all necessary steps to ensure that the usernames and passwords are kept confidential, secure and used properly.

4.2.         Subscriber must not change or attempt to change a user name or to circumvent or attempt to circumvent any of the safeguards of the Service. If Subscriber forgets the issued password, a new password can be obtained on request.

4.3.         If NBL has reason to believe that there is likely to be a breach of security or misuse of the Service, NBL may without liability:

4.3.1.          change Subscriber's password and notify Subscriber accordingly; and/or

4.3.2.          suspend Subscriber's username or password access to the Service.

4.4.         Subscriber must inform NBL immediately if Subscriber has any reason to believe that any username or password has become known to someone not authorised to use it or if any password is being or is likely to be used in any way that would breach these Terms and Conditions.

5.     Charges and Billing

5.1.         Subscriber agrees to pay the Charges for the Equipment, Installation, Account Activation and other items related to set up as detailed on any order.

5.1.1.          Specifically in relation to charges applied by NBL to all elements of initial set-up, including but not necessarily limited to Equipment, Installation and Account Activation, it should be noted that the pricing offered by NBL is subsidised and as such is offered to Subscriber entirely conditional to and dependent upon Subscriber signing up to a monthly broadband plan as solely supplied by or through NBL and adhering to the minimum term of the contract associated with that plan.

5.1.2.          In the event that Subscriber either does not take out a monthly broadband plan from NBL or fails to adhere to the minimum term of the contract associated with that plan, then Subscriber acknowledges that he or she shall immediately become fully liable to pay any difference between the subsidised pricing of Equipment, Installation and Account Activation as originally invoiced by NBL and the full or unsubsidised pricing for such.

5.1.3.          The differences between subsidised pricing and full pricing of elements associated with set-up are set out below:

Set-Up ElementSubsidised PricingUnsubsidised PricingDifference
4G Modem/WiFi Router£99.00£149.00£50.00
External 4G Antenna£100.00£130.00£30.00
5G Modem/WiFi Router£399.00£449.00£50.00
External 5G Antenna£100.00£150.00£50.00
Professional Installation£160.00£200.00£40.00
Account Activation£40.00£60.00£20.00
Delivery£00.00£10.00£10.00

All pricing above includes VAT and is correct as of September 1st 2021 but is subject to change without notice.

5.2.         Subscriber further agrees to pay the Charges for the Service and other items related to the Service as detailed in any communication.

5.3.         Subscriber must keep a Direct Debit mandate active with their bank to allow payments to be drawn automatically by NBL for the Service. Subscriber must keep such payment method details up-to-date and active or the Service may be withdrawn due to non-payment.

5.4.         NBL does not have any access to your card details or your Direct Debit details which are held securely by the transaction processors, SagePay and GoCardless respectively.

5.5.         Activation and the first Charges are due on the Start Date.

5.6.         Subsequent Charges shall be due and taken at the start of each new month, unless otherwise informed by NBL.

5.7.         Continued access to the Service shall incur a charge payable on the Start Date and ongoing charges thereafter to be paid by the payment method entered on the Account by Subscriber. The frequency and value of subsequent charges shall be established at the time of the latest order for the Service.

5.8.         Failure to pay the charges shall result in access to the Service being withdrawn.

5.9.         An automatic increase shall be applied once a year - typically every April - to the amounts charged to Subscriber on a monthly basis. The increase applied shall be a percentage part-based on the Consumer Prices Index rate published by the Office for National Statistics in March (CPI rate).

5.10.       If Subscriber allows the Account to lapse for any reason or terminates it, it may be possible to re-activate it if it has not been completely deleted on payment of a Re-activation Charge – currently identical to the Activation Charge in force at the time.

5.11.       If the Account no longer exists on our system, then a new Account will need to be set up and for which a full Activation Charge may then be due.

5.12.      Unless stated otherwise, all Charges for the Service are inclusive of Value Added Tax at the UK rate of 20%.

6.     Title to Equipment and Other Goods, Liability of Risks

6.1.         NBL retains Title to the Equipment Set purchased and any other goods supplied until they have been paid for in full.

6.2.          If any Equipment Set or other goods have been installed under funding from any regional or central Government subsidy scheme, then AT NO TIME shall Title to such pass to you. Furthermore, should you move from the property where the funded Equipment Set and/or other goods have been installed under funding from any Government subsidy scheme, you MUST leave all such equipment behind for potential use by and/or benefit of any future occupier of the property.

6.3.         All risks associated with the Equipment whether purchased, supplied under any regional or central government subsidy scheme or otherwise supplied shall pass to you upon delivery and it shall be your responsibility to insure the Equipment against loss, theft, fire, flood and any other risk of loss or damage from this point;

7.     Warranty, Support & Service Calls

7.1.       Warranty on any Equipment supplied shall normally be on a “Return To Base” basis. This means that you must return the piece of Equipment suspected as being faulty under Warranty to us for test and repair or replacement as required.

7.2       At its discretion and in an effort to increase the efficiency of the Warranty process, NBL may choose to supply replacement Equipment out to you on an "Advance Replacement" basis. This means that we may provide you with a replacement piece of Equipment under the Warranty process before you have returned the piece of Equipment suspected as being faulty under Warranty to us.

7.3       In the event of 7.2 above, we shall raise an invoice against you for the value of the piece of Equipment that we send out under "Advance Replacement" and despatch it along with that piece of Equipment. In order for you to avoid having to pay this invoice, it is imperative that you return the piece of Equipment suspected of being faulty under Warranty to us at your own expense. If you do not do this, you shall be charged the value shown on the invoice referred to above. You should therefore ensure that you always retain any piece of Equipment suspected of being faulty under Warranty during any engineer visit arranged by us, so that you may return it to us. The responsibility for so doing is entirely yours.

7.4.      Equipment must be in its original box and then securely and safely packaged in an outer carton suitable for the purpose.

7.5.      Costs of return to us and suitable packaging are your responsibility. We shall cover the cost of packaging and despatch to you, usually via courier.

7.6.      During any Warranty period, we shall have responsibility for repair or replacement of our Equipment except that you accept full responsibility for cost of repair or replacement of our Equipment when the damage or problem has been caused by your negligence, misuse, abuse or violation of any part of this Agreement that is out of our control.

7.7.      Warranty on the external installation is the responsibility of the Installer. Where installation is supplied by NBL, warranty is as per the CAI Code of Practice: 12 months on equipment used and quality of installation – see Section 10 for more details. Wind damage, impact to the external 4G antenna (if fitted), damage other than fair wear and tear are all expressly excluded.

7.8.      Warranty and support on accessories such as additional routers, WiFi extension equipment, VOIP adapters etc, unless directly supplied and invoiced by NBL, should be sought from the manufacturer and the manufacturer helpline.

7.9.      We do not offer support on equipment or accessories not supplied by us unless specifically stated otherwise.

7.10.     Support is offered only by phone, email or letter to our front-line Customer Desk.

7.11.     Within the UK, a chargeable Service Call may be booked if on-site support is. Cost of the Service Call is published on our website. Remote locations may be subject to Rural Travel Surcharge. Service Call visit may be refundable in whole or part if Equipment still in Warranty is found to be faulty.

7.12.     We do not offer onsite service or installation outside the UK.

8.     Service Provision

8.1.     NBL agrees to provide Subscriber with the Service on the terms and conditions of this Contract and in performing NBL's obligations under this Contract NBL shall exercise the reasonable care and skill of an Internet Service Provider.

8.2.      The Service can only be provided to computer systems and other connected devices that are operating normally and without any infection by viruses or Trojans or other malware that may put other users at risk. Subscriber acknowledges that such use breaches the Unacceptable Use Section 13 and undertakes to keep their systems and devices updated, operating normally and kept free of such malware.

8.3.      The Service is only warranted for use at the location specified for installation at the time of the Subscriber placing his or her initial order. NBL specifically makes no guarantee that the Service will work satisfactorily at any other location.

8.4.      To use the Service the Subscriber must have initiated the Start Date defined in 1.19 and have been notified by NBL that Subscriber has been accepted to use the Service.

8.5.      Provision of the Service is dependent upon a satisfactory installation if required, such to be informed by NBL. Initiating the Start Date does not mean the Service can be successfully activated or that the Subscriber's application has been accepted.

8.6.      The Service can only be provided to installations which are covered by a sufficiently strong signal from the Network Operator on whose network the Subscriber will be provisioned. Postcode checkers to estimate coverage from each of the networks used by NBL to deliver its Service are available online.

8.7.      The Service can only be provided to correctly installed and set up equipment supplied by NBL, including an external antenna if such proves necessary in the opinion of NBL.

8.8.      Subscriber must ensure that any equipment or services connected to or used with the Service is used in accordance with any instructions and safety procedures provided by the suppliers of that equipment and services.

8.9.      The Service is provided to the combo Modem/WiFi Router as supplied by NBL. NBL specifically does not support any other element of Subscriber network setup, configuration or operation other than described in the information provided in the equipment User Manual.

8.10.      NBL hereby excludes liability for any claims, loss, demands or damage of any kind whatsoever with respect to the Service, including, without limitation, direct, indirect, incidental, or consequential loss or damages, whether arising from loss or profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to NBL

8.11. NBL expressly disclaims any and all warranties express or implied, to the extent permitted by applicable law, including without limitation satisfactory quality, fitness for particular purpose with respect to the Service. Nothing in this Contract removes or limits NBL's liability for death or personal injury or fraud caused by something NBL has done or has failed to do.

9.     Service Parameters, Packages and Performance

9.1.      NBL cannot accept any responsibility for any defects, errors or faults in the Service but will endeavour to have any reported faults corrected by the relevant Network Operator as soon as reasonably possible. The Service is distributed on an "as is" and "as available" basis without warranties of any kind, either express or implied.

9.2.      The internet is a shared resource and because of that, performance cannot be guaranteed.

9.3.      The Service is delivered via 4G or 5G signal or satellite signal and is dependent on the quality of the individual installation, topographical factors unique to each location, atmospheric conditions and the operation of the 4G, 5G or satellite network itself. In normal operation, availability should be better than 99% but no specific guarantees on availability or performance can be given.

9.4.      4G and satellite Services inevitably have a somewhat higher latency than traditional terrestrial broadband services. With 4G-delivered Services, typical latency is in the region of 40ms (when compared to the average 10ms typical with terrestrial services). The higher latency means that a 4G service will be a little slower to respond than the equivalent terrestrial service. This should not have any noticeable effect on all normal internet-based activity – although, certain real-time fast feedback applications such as multiplayer online action gaming may see some slight degradation in responsiveness. With satellite-delivered Services, typical latency may be considerably higher and if so, this will not be ideal for applications that rely on real-time feedback, such as live video calling and live action online gaming.

9.5.      Most VPNs work effectively over 4G, 5G and satellite. Some VPNs may need to be configured to allow for the higher latency of 4G and satellite.

9.6.      Service parameters are specified for the overall connection as delivered to the combo Modem/WiFi Router. Where the connection is shared between other computers and devices, the incoming performance will also be shared.

9.7.      Service is provided in monthly packages or plans which may vary in type and fair use policy. Any applicable fair use policy shall apply to the overall quantity of data downloaded and uploaded in any given month. A summary of available Services is publicised on NBL websites

9.8.      Subscriber acknowledges and accepts that the speeds described in the description of the Service are average speeds, not actual speeds at all times. Actual speeds may vary, based on a number of variables entirely outside NBL's control.

9.9.  Actual speeds achieved will be affected by many factors including:

9.9.1.   internet congestion at the time, including number of concurrent users simultaneously accessing Network Operator local infrastructure;

9.9.2.   performance of any router or other network device installed by Subscriber;

9.9.3.   performance of local WiFi connection and environment;

9.9.4.   performance of Subscriber computer(s) and browser(s) which must be operating normally (i.e. without any errors or error messages or system warnings) and with an operating system kept up-to-date with all updates and patches applied;

9.9.5.   number of computers and other internet enabled devices using the Service;

9.9.6.   number of TCP sessions opened;

9.9.7.   number and nature of applications and downloads running in the background;

9.9.8.   malware and virus infection on Subscriber's computer or other devices with access to Subscriber's local network;

9.9.9.   performance of the website or internet service that the Subscriber is attempting to use;

9.9.10.    performance of the speed test server and the connection established between this server and the Subscriber's computer running the speed test.

9.10.  In the case of any plans or packages described as offering unlimited data, it should be noted that these should provide Subscribers with all the access to the internet needed for normal internet usage permissible under these Terms and Conditions.

9.10.1.    However certain usages of the broadband connections provided by NBL are not permitted under these Terms and Conditions (please see Section 13 below for more detail).

9.10.2.    Plans or packages made available by NBL prior to October 1st 2019 and described as offering unlimited data therefore come with a monthly usage cap set at 1,000 GB, the reaching of which point shall result in the Service being suspended in order to help identify potential non-permitted usage.

9.10.3.    It is extremely unlikely that such a point will be reached if Subscriber is using the service in permitted fashion. However, should NBL then establish that Subscriber's usage of the Service has in fact been entirely permissible, it shall re-enable Subscriber's connection with as minimal interruption as possible, so that Subscriber may then continue to use the Service.

9.10.4.    Plans or packages made available by NBL on or after October 1st 2019 utilising any Network other than O2 and described as offering unlimited data have no such monthly usage caps and are therefore fully unlimited in terms of monthly data allowance. Despite this, certain usages of the broadband connections provided by NBL remain not permitted under these Terms and Conditions (please see Section 13 below for more detail).

9.10.5.  Plans or packages made available by NBL on or after October 1st 2019 utilising the O2 Network and described as offering unlimited data do feature a fair use policy. This states that, should any Subscriber consume more than 650GB of monthly data (aggregating download and upload amounts) more than once in any given six month period, the Network Operator has the right to cancel the Service at its sole discretion. Again, it is extremely unlikely that such a point will be reached if Subscriber is using the service in permitted fashion.

9.11.  The Service may be suspended for operational reasons (such as maintenance or upgrades) or because of an emergency. If it is made aware by a Network Operator of any suspension to or interruption of the Service before such occurs, NBL shall give Subscriber as much notice as is reasonably possible.

9.12.  If a Network Operator has to alter technical specifications associated with the Service for operational reasons, NBL will endeavour to give Subscriber as much notice as possible, where appropriate.

9.13.  NBL may give Subscriber instructions concerning the use of the Service and Subscriber agrees to observe such instructions as are issued.

10.     Installation

10.1.      NBL offers a national installation service in the UK for installation and set-up of its supplied internal combo Modem/WiFi Router and external antenna. In addition, Subscribers may carry out their own installation or commission their own installer - but not in the event of any equipment being supplied to Subscriber under any Government subsidy scheme. In any case, the installation must be carried out with due care to Health and Safety, construction regulations and electrical regulations. Subscribers should consult a qualified professional such as a CAI Member. The install must be carried out as per the installation manual provided and following the CAI Code of Practice (www.cai.org.uk).

10.2.      Any installation warranty issues must be raised first with the original installer. Where NBL carried out the original install, we shall not cover warranty visits from a different installer.

10.3.      A "Standard Installation" is defined as having a maximum cable run as solely defined by NBL from the external antenna to the internal combo Modem/WiFi Router, the external antenna being mounted no more than one storey high, on a suitably facing wall through a single wall to a single internal point with no special bracketry or special access requirements but does not include any additional travel costs for rural remote installations. It should further be noted that for technical reasons, it may not in fact be possible to increase the length of cable run from the external antenna to the internal combo Modem/WiFi Router.

10.4.     In many cases and dependent upon the strength of the received mobile signal at Subscriber's location, it may be possible for the Service to be satisfactorily provisioned without the need for an external antenna and thus without any professional installation, with Subscriber himself setting up the combo Modem/WiFi Router. NBL itself shall advise if this is a possibility and specifically excludes any responsibility for the performance of the Service, should any Subscriber choose not to have an external antenna, when it has been advised that one is necessary.

10.5.     Subscribers are advised that, in the event of any equipment being supplied to Subscriber under any Government subsidy scheme, the fitting of an external antenna and the professional installation of such is very likely to be a mandatory requirement, regardless of signal strength at the Subscriber's location.

10.6.     Some more remote and rural post codes may be subject to a post code supplemental charge to normally quoted installation costs in order to cover additional fuel and travelling time costs. Where possible, NBL shall try and absorb this supplemental charge if the installation can be arranged into normal daily activities or journeys. NBL shall inform prospective Subscribers of any such charge before fulfilling any Subscriber order.

10.7.      Any other non-standard special requirements needing extra work or time shall be quoted by NBL to Subscriber before proceeding.

10.8.      Setting up of Subscriber networks or special systems is not covered by Standard Installation.

10.9.      You should retain all the original packaging in case you need to return any equipment to us for service or warranty or if you wish to return equipment to us as per your statutory rights under the Consumer Contracts Regulations.

11.     Code of Practice for Complaints Handling and Dispute Resolution

11.1.      OFCOM requires that providers of Electronic Communication Services have a transparent, accessible and effective Code of Practice for Complaints Handling with appropriate access to Alternative Disputes Resolution process (ADR).

11.2.      Our aim is to provide a high-level of customer service and support. However we recognise that problems can occur and this Code of Practice outlines what we will do to put things right as quickly as possible. It is published on our website and you may request a hardcopy at any time.

12.     Internet Service

12.1.      NBL is not liable whether in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications services of for the faults in or failures of their networks and equipment.

12.2.      Subscriber agrees that NBL has no control over the information that can be accessed by using the Service, and that NBL does not control the use to which Subscriber puts the Service or the nature of the information Subscriber is sending or receiving. Notwithstanding this, Subscriber should be aware of Section 13 below, dealing with Unacceptable Use.

12.3.      The Service provides the Subscriber with an ability to use the internet. The internet is separate from the Service and use of the Internet is at Subscriber's own risk and is subject to any applicable laws. NBL has no responsibility for any goods, services, information, software, or other materials obtained by Subscriber when using the Internet.

12.4.      Subscriber also acknowledges that data transmitted via the Internet may be protected by third party rights, including inter alia, intellectual property rights and copyright. Subscriber is solely responsible for the data Subscriber consults and transfers via the Internet, and Subscriber may not transmit or request data that violates or may violate any third party's rights.

12.5.      Subscriber hereby acknowledges and agrees that the Internet is not a secure network, in particular regarding data transmissions. Accordingly, NBL does not warrant the integrity, authentication and confidentiality of the information, files and data exchanged by Subscriber via the Internet. Subscriber is responsible for taking all appropriate steps to protect Subscriber's data and/or software from corruption, virus contamination or intrusion in Subscriber's computer.

12.6.      Restrictions on Use:

12.6.1.      Subscriber must not re-sell or attempt to re-sell the Service;

12.6.2.      Subscriber shall not use the Service in a way that does not comply with the terms of any legislation or any license applicable to Subscriber or NBL or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

12.6.3.      Additional terms and conditions may be displayed online or elsewhere relating to particular services. If Subscriber chooses to access such services, Subscriber shall need to comply with such additional terms and conditions.

13.     Unacceptable Use

13.1.     NBL reserves the right to immediately suspend the Service, or refuse the Service and terminate this Contract, without liability, if Subscriber, or anyone using Subscriber's account, uses the Service:

13.1.1.   fraudulently, for fraudulent purposes or in connection with any criminal offence;

13.1.2.   in an unlawful manner, in contravention of any applicable legislation or license;

13.1.3.   via computers or networks or other systems or devices which are infected with viruses, Trojans or other malware, regardless of whether NBL has notified Subscriber of such malware;

13.1.4.   via computers or networks or other systems or devices in an infected state once this has been advised to Subscriber by NBL or other parties whether or not on behalf of NBL;

13.1.5.   in a way that does not comply fully with the Terms and Conditions detailed in this document;

13.1.6.   in such a way that degrades the Service to other Subscribers, as solely determined by NBL;

13.1.7.   in such a way that is uneconomic for NBL;

13.1.8.   in such a way to cause annoyance, inconvenience or needless anxiety;

13.1.9.   for transmission of any data which is prohibited, illegal or contrary to international public order, such as, but not limited to, pornography, paedophilia, fascist and/or terrorist related information;

13.1.10.  for hacking or any attempt to illegally use, manipulate, or appropriate data or information via the Internet, including, but not limited to, breaking security of any online systems, such as, without limitation, e-commerce Internet sites, financial institutions, and any other activity prohibited by law.

13.1.11.  to send, knowingly receive, upload, download, distribute, share, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing (specifically including via P2P file sharing protocols, such as BitTorrent for example);

13.1.12.  to send, knowingly receive, upload, download, distribute, share, use or re-use any material which is in breach of copyright, confidence, privacy or any other rights (specifically including via P2P file sharing protocols, such as BitTorrent for example);

13.1.13.  to send or procure the sending of any unsolicited advertising or promotional material such as but not limited to, spam;

13.1.14.  to use the system in any way which results in the inclusion of NBL servers or networks on internet blacklists whether knowingly or unknowingly;

13.1.15.  to send knowingly any material which contains software viruses or any computer code, files or programmes designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

13.1.16.  or if NBL considers, in its sole discretion, that the Subscriber's use of the Service is in any other way unacceptable as determined by NBL.

13.2.     NBL shall be entitled to monitor the Subscriber's use of the Service in terms of the amount of data being uploaded and downloaded by Subscriber.

13.3.      If the Service is used as described in this section, NBL shall regard Subscriber as in breach of contract and shall enforce the terms of section 15 Breach of Contract.

13.4.      Subscriber shall indemnify NBL against any claims or legal proceedings that are brought or threatened against NBL because the Service is used in breach of this section. Subscriber shall notify NBL of any such claims and keep NBL informed as to the progress of such claims.

14.     Other

14.1.      Subscriber agrees to comply with all applicable laws, rules and regulations in connection with the Service and with these Terms and Conditions.

14.2.     NBL's liability in Contract, tort (including negligence) or otherwise in relation to this Contract is limited to the total amount of Charges paid by Subscriber to NBL in the preceding period of 12 months.

14.3.     NBL expressly excludes any liability for consequential loss.

14.4.     NBL may change the terms and conditions of this Contract, including the Charges, at any time. NBL shall give Subscriber at least 14 days' notice of any changes before such changes take effect.

14.5.      Each term and condition of this Contract operates separately in itself and survives independently of the others.

14.6.      If NBL or Subscriber is unable to perform any obligation under this Contract because of a matter beyond their reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or events beyond the reasonable control of NBL, NBL's suppliers, or Subscriber, NBL or Subscriber shall have no liability to the other for that failure to perform.

14.7.      If any events described in paragraph 14.6 continue for more than 14 days, NBL shall have the right to terminate this Contract by giving Subscriber notice.

14.8.      This Contract is personal to Subscriber and Subscriber may not transfer his or her Account or any of his or her rights and obligations under this Contract without NBL's written agreement. NBL may transfer any of its rights and obligations under this Contract (including Subscriber's Account and any details that Subscriber has provided to NBL to enable the ongoing provision of Services to Subscriber) to (i) any person or entity which acquires all or substantially all of the business providing the Services (in which case any reference to NBL shall be construed as a reference to its successor in respect of such business); or (ii) any subsidiary or parent of NBL, or any subsidiary of any such parent, without the Subscriber's permission. In the event that NBL transfers any of its rights or obligations under this Contract to a third party, pursuant to this clause 14.8, NBL shall also transfer certain of Subscriber's personal data which it holds to such third party, again in order to enable Subscriber to have continuing access to the Service.

15.     Breach of Contract

15.1.      Breach of Contract shall result in termination of Subscriber's Service and termination of this Contract (or both):

15.1.1.      immediately if Subscriber commits a breach of this Contract; or

15.1.2.      Subscriber does not pay the charges in accordance with section 5 - Charges and Billing of this Contract; or

15.1.3.      immediately if Subscriber is the subject of a bankruptcy order or becomes insolvent, or makes an arrangement with creditors, or a receiver or administrator is appointed over any or of Subscriber's assets.

16.     Consumer Contracts Regulations - UK Purchases Only

16.1.     For UK purchases from the website or by phone, the Consumer Contracts Regulations give you the right to cancel within the cooling-off period of fourteen working days of receipt of the goods as long as the Service has not been activated or used.

16.2.     NBL may offer supplementary rights of cancellation within the stated cooling-off period of fourteen working days, with a view to allowing you to be able to try out the Service provided without risk. If so, this will be informed prior to your order being placed.

16.3.     If you wish to cancel under any of the above terms, you must inform us in writing within that period and return any supplied and/or installed equipment to us in new condition in their original packaging at your cost.

16.4.     You will be given details of your order, all costs, our details and your rights to cancel before we process your order. If this prior information is given verbally at time of order and you choose to proceed, you will receive confirmation by email.

16.5.     In the event of your choosing to cancel within the fourteen day statutory cooling-off period, the following conditions shall apply:-

16.5.1.      You SHALL NOT be liable for any equipment costs or installation costs, SOLELY PROVIDED THAT you return all equipment to us in new condition in the original packaging at your cost. Once we have received these, any relevant payments made by yourself for the equipment and for the installation of such shall be refunded to you.

16.5.2.      It can take UP TO SEVEN DAYS for your account to be closed off from the point of your giving us notice of your wish to terminate within the fourteen day statutory cooling-off period. Your broadband service will continue until your account is closed off, at which point your ongoing financial liability shall end.

16.6.     Your statutory rights are not affected in any way by any of the above.

17.     Duration of Contract, Minimum Contract Period and Account Upgrade

17.1.      The Contract shall start on the Start Date. Subscriber is deemed to be bound by these Terms and Conditions at the same time.

17.2.      The Contract is for the Minimum Contract Period (MCP).

17.3.      The length of the MCP - currently either 12, 18 or 24 months, dependant on the Service selected - will have been communicated and confirmed to Subscriber and agreed to by Subscriber when first placing his or her order.

17.4.      Special promotions, offers and promotional contracts of other duration may be offered from time to time and additional Ts & Cs may apply to these.

17.5.      During the Minimum Contract Period, it may be possible for NBL to offer to switch Subscriber from one network to another, in an effort to improve performance. Should such a thing take place, Subscriber’s Minimum Contract Period shall remain the same, with no extra months being required.

17.6.      Subscribers may not downgrade during the Minimum Contract Period.

17.7.      If the Subscriber has taken up a new Contract within the original MCP, then a new MCP based on the Start Date of the new Contract applies.

17.9.      After the Minimum Contract Period has expired, the contract shall continue until terminated in accordance with 20 - Termination of Contract.

18.     Early Termination Charge

18.1.      If Subscriber wishes to terminate his or her Contract for Services with NBL prior to the Minimum Contract Period expiring, Subscriber accepts that he or she shall be fully liable for an Early Termination Charge. The Early Termination Charge is calculated as follows:

18.1.1.      If Subscriber wishes to terminate within the MCP, the Early Termination Charge is the balance of all payments due until the end of the MCP.

18.2.      Similarly, if Subscriber breaches his or her Contract for Services with NBL by not paying any Charge due during the Minimum Contract Period expiring, Subscriber accepts that:

18.2.1.      after alerting Subscriber to the fact that Charges relating to his or her Contract and Service have not been paid, after a reasonable time (typically ten working days), NBL shall first suspend, then if unremedied, terminate Subscriber’s service, and

18.2.2.      NBL shall then apply and Subscriber shall be fully liable for the Early Termination Charge as described in 19.1.1 above

19.     Termination of Contract

19.1.      This contract may be ended;

19.1.1.      after the Minimum Contract Period has expired, by Subscriber at the end of the current billing month PROVIDED THAT Subscriber informs NBL in writing of his or her wish to terminate at the end of the current billing month with at least 5 working days’ notice prior to the end of said month. Should Subscriber inform NBL in writing of his or her wish to terminate after said point, this shall result in Subscriber’s Contract not being terminated until the end of the following month, or

19.1.2.      by Subscriber giving NBL 7 days' notice if NBL gives Subscriber notice to increase the charges (other than the automatic annual CPI-based increase detailed in point 5.10 above) or changes the conditions of this Contract to Subscriber's detriment and provided Subscriber gives the notice before the increase or changes take effect, or

19.1.3.      after the Minimum Contract Period has expired, by NBL after the Minimum Contract Period, by giving Subscriber at least 30 days' notice, or

19.1.4.      at any time by NBL giving Subscriber 14 days' notice if NBL at its sole discretion decides that Subscriber is either knowingly using the Service for illegal purposes (including but not limited to the improper down- or uploading of copyright protected material) or that Subscriber is abusing the Service in other unreasonable fashion or that Subscriber is acting in a persistently vexatious manner in Subscriber's dealings with NBL.

20.     Indemnity

20.1.      Subscriber must indemnify NBL against any claims or legal proceedings in respect of illegal or unacceptable use, defamation, breach of copyright or other intellectual property right infringement which are brought or threatened against NBL by another person and which are attributable wholly or in part to Subscriber's use of the Service and, if Subscriber uses the Service for business purposes, Subscriber must indemnify NBL against any claims that anyone (other than Subscriber) threatens or makes against NBL because the Service is faulty or cannot be used by them.

21.     Giving Notice

21.1.      Notices under this Contract may be given on-line by electronic mail using the Service, or in writing and delivered by hand or sent by pre-paid post to the addressee as follows:

21.1.1.      to NBL at its Registered Office or via enquiries@national-broadband.co.uk or any alternative address NBL notifies to Subscriber at any time.

21.1.2.      to Subscriber: at the postal address or email address the Subscriber specifies when registering for the Service or any alternative address which Subscriber notifies to NBL.

22.     Entire Contract

22.1.      This Contract and any additional documents referred to prepared by NBL, constitute the entire and only agreement between NBL and Subscriber for the Service.

23.     Law and Jurisdiction

23.1.      This Contract is governed by English Law and Subscriber and NBL submit to the exclusive jurisdiction of the English courts.

 

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Ref: 2021_09    1st September 2021