Consumer Services

August 2020

These terms and conditions set out the agreement between (1) you (‘you’ or ‘your’) whose name and contact details are supplied on the Order Form (either paper or electronic); (2) Air Broadband Limited, (Company Number 08597161) whose registered address is 168 Cowley Road, Cambridge CB4 0D (‘us’, ‘we’ or ‘our’).

Please read these terms and conditions before you order and start using our services as they apply to all customers.

The address for delivery of the service is the address stated in our email confirming your order (‘Order Confirmation’). You are not a business and are not intending to use our service wholly or mainly for business purposes. You will be responsible for paying the charges for our service.

These are the terms and conditions on which we supply our broadband service to you: please read them carefully. These terms tell you who we are, how we will provide our broadband service to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. Use of our broadband service is subject to our ‘Acceptable Use Policy’ outlined further below.

If a fibre broadband network has not yet been installed at your property, we will make the necessary arrangements and will contact you with further information.

We only operate in the UK.

Our website and marketing material is solely for the promotion of our services in the UK.

Contacting Air Broadband

You can contact us by telephoning us on 01223 653400, emailing us at info@airbroadband.co.uk, visiting our website and completing the ‘Contact us’ form, or you can write to us at Air Broadband Limited, The Old Sunday School, Chapel Street, Waterbeach, Cambridge, CB25 9HR.

We may contact you

If we need to contact you regarding our services, we will do so by phone or by writing to you at the email or postal address you provided to us in your Order. We may send customer service announcements to you by email or telephone. Please let us know if any of your contact details change.

Placing an order

Residential and Business customers can place orders via our website, or by contacting our Sales team via email sales@airbroadband.co.uk or by telephoning us on 01223 653400.

Acceptance of your order

Our acceptance of your order will take place when we email your Order Confirmation, at which point a contract will come into existence between you and us.

Your order

Your Order Receipt details the VoIP (Voice over Internet Protocol) and broadband service you have ordered which we agree to supply to you, according to these terms and conditions.

Minimum term

Your Contract with us will continue for an agreed term that was shown on the form Order Form / Contract and commences from the broadband Activation Date. You must keep and pay for the VoIP and broadband service for the whole of the agreed Contract Term unless you or we are allowed to end this Contract earlier.

Cooling off rights

You have the right to cancel your order by contacting Air Broadband Limited within 14 days from the day your order goes live. You must put your request in writing to sales@airbroadband.co.uk  or by writing to our postal address at Air Broadband Limited, The Old Sunday School, Chapel Street, Waterbeach, Cambridge, CB25 9HR.

If you request cancellation of your service within the cancellation period and we have already begun to provide the broadband service, you will have to pay us the cost of the broadband services you’ve received up to the point when you notify us of cancellation, including the Activation Fee (if applicable) and the router delivery fee. We will book and pay for the return of our hardware via our chosen courier.

Your customer number

We will assign a customer number to your order and tell you what it is when we accept your order. It will help us if you can tell us the customer number whenever you contact us.

Provision of service

When service is available for your property, Air Broadband or the Network Provider (‘Network Partner’) will contact you to arrange for an approved network installer to install and configure the equipment required to use our service, at a time which suits you.

The installation team will have your contact details so that they can let you know when they will arrive, or to deal with any unexpected problems or delays. You can contact our support team on weekdays between 8:30 am to 6:00 pm if you have a query about your installation on 01223 653400.

It may be necessary to carry out a site survey for non-standard, excessively long, or difficult installations. Additional charges may apply for these installations which fall outside of our standard installation charge. You will be advised of any change in installation costs before any work commences.

You will need to allow the installation team to access your property as arranged to install fibre termination equipment which requires a standard power socket to plug into. We aim to locate the equipment where you prefer but sometimes this is not possible. In such circumstances, Air Broadband or the Network Provider will discuss with you a suitable alternative location for our equipment.

Air Broadband will provide a router that you will need to install yourself, by way of a single cable into the termination equipment or optical network terminal (ONT) and plug into the power. You will also receive a Welcome pack with clear, accessible instructions. If you have any difficulties, you can contact our Support team who can advise on 01223 653400.

You can use your own router. Air Broadband will need the media access control address (MAC address) of the router to enter on our servers. In the event of using your own router, we can only support the service provision to the network termination device (SDD or ONT).

If the size of your premises is such that the WiFi router cannot provide a WiFi signal to all areas, we will discuss options for additional equipment that can be used to boost the reach of the signal with you. The cost of any additional equipment needed for such premises is not included in installation or service costs and will be a separate order item.

Risk assessment

Before commencing work, the installation team will carry out a risk assessment. If the technician decides that it is not possible to carry out the installation safely, or if there is no one over the age of 18 present at the property, you will be informed and given the opportunity to make alternative arrangements. In certain circumstances we may not be able to connect our services to your premises, for example, if you live outside of our build area, you are not eligible under our credit terms, or it is not possible to connect you for other reasons (e.g., there is a risk of injury to our technician in accessing your property).

Changes to your requirements

Please note that if you change your requirements this may affect your eligibility for a standard installation. If there has been an error in assessing the criteria for your installation, which means you do not qualify for standard installation, the technician will inform us and we will discuss and agree with you how to proceed and the charges which may apply. The technician will do everything possible to achieve your installation at the arranged time, but if it is not possible to continue with the installation due to safety issues, the complexity, or the materials required, the technician will inform us and will ask you to confirm your acceptance that a further appointment will be required.

Activation

Once your order is confirmed we will order your service from the appropriate Network Provider to be activated at an agreed date or when an installation is required and completed. As soon as we have activated your service, (your ‘Activation Date’), our monthly charges will start to apply. This is also when the Minimum Term starts (see below).

Our charges and your payments

How we calculate our monthly charges

The amount you pay for our broadband service depends on the level of service you have ordered and is shown as a monthly amount, including VAT on your Order, payable in advance. Payments must be made by direct debit. Your first payment will include the Activation Fee (if any), router delivery fee and, where applicable, charges for installations.

Minimum Term

You agree that you will be bound to accept and pay for our service for the agreed Term which is measured from the Activation Date (for new orders) or from the date of the renewal or Order Confirmation (for changes and upgrades). The Minimum Term which applies to your order is shown on your Order Confirmation. If you end the Contract during the Minimum Term, you may have to pay an early Termination Charge (‘Termination Fee’).

After the Minimum Term ends

The amount you pay for your VoIP and broadband service will not change during the Minimum Term. Your service will continue after the Minimum Term unless you choose to end the Contract, but price changes may apply.

Price changes

We reserve the right to review our service fees and any service charges at any time, but any price changes will not apply to Contracts which are still within the Minimum Term. If our prices do change, we will give you at least 30 days’ notice and you will be entitled to contact us to discuss your service Contract in the event that you do not agree to accept any price changes (see below).

Changes and upgrades

If you decide to change or upgrade your service, we will tell you what your new monthly charges will be and ask you to confirm acceptance. Any Minimum Term which applies to your new service will commence when we confirm your new order with a new Order Confirmation.

VAT rates

If the rate of VAT changes between your order date and the Activation Date, or during the time we are supplying services to you, we will adjust the rate of VAT that you pay and show this on your bill. We are not responsible or liable for any charges from service providers or organisations (such as telephone or content providers) that you may incur while using the services.

If you do not pay

If you do not pay us for our services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. A £50 reconnection fee will be applied to restored services. We will not suspend the services where you dispute the unpaid invoice.

Late payment interest

If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

What to do if you think our charges are wrong

If you think an invoice is wrong, please contact us promptly to let us know and we will investigate. If we have made a mistake, then we will provide a refund. If there isn’t an error, we will explain the issue and you remain liable for all charges and any interest that may become due on late payment. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

Using our service

Acceptable Use

You agree to abide by our Acceptable Use Policy.

You may only use our service for lawful purposes. You agree that we may monitor your use of our services including data volume and type of traffic (whether authorised by statute or other legislation or legal enforcement authority or otherwise) to ensure lawful use and to assist our traffic management. If you use the service improperly, negligently or in a way which interferes with other customers’ use of the service, we may exercise our right to suspend your use of our service or end our Contract. We may immediately remove any material placed on our servers by you or other users which breaches this Contract or is otherwise harmful to our interests or the interests of our other customers.

Liability for breach of Acceptable Use Policy

You agree that you are responsible for all use of our service, whether you gave your permission or not. For example, if someone has access to your home and uses the services, we would consider them to be within your control and you could be liable for unlawful use such as illegally downloading or transmitting copyright material. You should only allow access to your WiFi and home network to people in your property and you accept responsibility for their use of our services.

If there is a fault within your property boundary

If you report a fault which we trace within your property boundary, we will liaise with the Network Provider for them to make an appointment to carry out repairs or replace faulty equipment but if, in the reasonable opinion of the engineer, the fault was caused by damage to the equipment or the network apparatus, then a charge may be made. You are responsible for the cost of replacing a router that is damaged by you. If we do send a technician to investigate your fault, and it is found that the fault is caused by the customer – you may be liable for the fee.

If there is a fault on the wider network

When we become aware of a network fault outside your property boundaries, we will endeavour to ensure it is diagnosed and repaired within 1 working day.

We cannot guarantee fault-free performance

Due to the shared use of networks and factors outside our control, such as access to third-party content and services, your internet access availability and speed may vary from time to time. In addition, the speed, and limitations of WiFi (your router position, wall thickness, device capability, etc.) may affect the actual speed that you experience. We clearly advertise both the minimum and maximum speeds for each product at the point of sale.

How to tell us about problems

If you have any questions or complaints about our broadband service, please contact us (our contact details appear on page 1 of these terms).

IP addresses

Unless you arrange with us to have a Public IP address (an additional £3 per month), the IP address allocated to you may be varied at any time. It will at all times belong to us. You may not sell or agree to transfer the internet address to any person. We grant to you a non-transferable licence to use the Internet address while you receive Internet access from us which will end if this Contract ends. A Public IP may be required to run certain third-party services from your address.

Suspending the services

We may have to suspend the supply of your service:

  1. to deal with technical problems or make minor technical changes;
  2. to update the service to reflect changes in relevant laws and regulatory requirements.
  3. to make changes to the service as requested by you or notified by us to you.

Our Network Partners will endeavour to ensure that necessary maintenance and support work is carried out overnight and we will endeavour to give you reasonable warning by email prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency. If the suspension lasts for more than 3 working days, we will adjust the price so that you do not pay for services for any period of suspension beyond 3 working days. Any adjustment will appear as a credit on your next bill.

This section outlines your rights if we suspend the service because of your actions.

We may have to suspend the supply of your service:

  1. if you do not pay.
  2. if you misuse our network or do not comply with our Acceptable Use Policy.
  3. if you break our Contract, or any laws which apply to the use of our network.
  4. if we suspend the service because of your actions or failure to pay, we may charge you for reactivating your service at the end of the period of suspension.
Responsibilities

We are not responsible if you are not able to use the services because your equipment (for example, any PC, mobile device, network interface card, printer, switch, local area network, or other equipment) does not work properly, is not compatible with the system, does not conform to the relevant standard or does not meet the minimum specifications or because of networks over which we have no responsibility.

We are not responsible for information passing over our network.

We have no control over the data which passes to you or from you over the internet, and we are not responsible for any loss or damage to that data.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This also includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.

We are not liable for business losses.

The services provided to you under this Contract are only for domestic and private use by you or members of your household. If you use the services for any commercial business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Changes to our Contract

Your right to make changes

If you wish to make a change to the service which you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to end the Contract.

Minor changes to the Service

We may change the service to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example, to address a security threat.

In the unlikely event that these changes have an impact on your use of our service you should contact us for an explanation of the reason for the change and to discuss the impact. More significant changes to the service and these terms

In addition, we may make changes to our prices or other aspects of our Contract but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect.

Your rights to end the contract

You can always end your contract with us.

Your rights when you end the Contract will depend on how we are performing and when you decide to end the Contract as previously outlined in these terms (e.g., ending the Contract during the initial cancellation period or during the Minimum Term).

Ending the contract because of something we have done or are going to do

If you are ending your contract for a reason set out below, the Contract will end, and we will refund you for any services which have been paid for but have not been provided (if applicable). The reasons are:

  1. we have told you about an upcoming change to the service or these terms which you do not agree to (including a change to our prices) and you have given us notice to end the contract;
  2. we have made an error in the price or description of the broadband service you have ordered, and you do not wish to proceed;
  3. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days;
  4. or you have a legal right to end the contract because we have broken the terms of the Contract.
Ending the contract during the Minimum Term

If you end your contract during the Minimum Term (other than where you have a right to cancel) then we may charge you an Early Termination Fee up to the amount of the remaining charges for the Minimum Term. If you give us 1 months’ notice to end the contract at the end of the Minimum Term, then no Early Termination Charge will apply.

Payment of Early Termination Charge

We may charge this amount directly to your next bill. By entering this contract, you are authorising us to do this. We will give you reasonable notice in writing before making these charges. For further information about Early Termination Charges, please contact us.

Ending the contract after the Minimum Term

If we are not at fault and none of the reasons listed in these terms apply, you must give us 1 months’ notice. The contract will not end until 1 calendar month after the day on which you contact us. For example, if you tell us you want to end the contract on 4th February, we will continue to supply the service until 3rd March. We will only charge you for supplying the service up to 3rd March and will refund any sums you have paid in advance for the supply of the service after 3rd March.

How to end the contract with us

Please contact us in writing to end the contract with us or if you are ending the contract because you have changed your mind within the initial cancellation period.

How we make any refunds which are due to you

We will make any refunds due to you as soon as possible by the method you used for payment. If you are exercising your right to cancel, then any refund due will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract

We may end the contract if you are in breach.

We may end our contract at any time by writing to you if: you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due; you use our network in breach of our Acceptable Use Policy or do any of the things prohibited in these terms.

You must compensate us if you breach the contract

Where you are in breach, we will refund any money you have paid in advance for any services which we have not provided but we may deduct or charge reasonable compensation for the net costs which we may incur as a result of your breaking the contract. If we must end the contract during the Minimum Term because you are in breach, we are entitled to charge you for the remainder of that Term.

Privacy & data protection

We will use the personal information you provide to us in accordance with our Privacy Policy. Please note that we may monitor and record phone conversations which you have with us so that we can improve and shape our training and compliance.

Consent to transfer

You may only transfer your rights or your obligations under these terms to another person if we agree to this in advance in writing. If you are moving house, please contact us at sales@airbroadband.co.uk. We will only bill you up until the end of the month in which you move.

We may transfer this contract to another party.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Third party rights

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

A delay by us in enforcing this contract does not mean that we waive our rights to enforce terms at a later date.

A delay in us taking steps against you in respect of your breach of this contract, will not mean that you do not have to comply with these terms, and we reserve the right to take steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the services, we can still require you to make the payment at a later date.

Governing law

These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.

Complaints / Alternative dispute resolution

If you are unhappy with our service, we will do our best to put things right. As a consumer you have rights under the Consumer Rights Act 2015. For information about your legal rights as a consumer you may visit the Citizens Advice website (www.citizensadvice.org.uk). We are subscribed to Ombudsman Services (https://www.ispa.org.uk/consumers/complaints/).

VoIP (Voice over Internet Protocol) services

Air Broadband VoIP services are only available with an Air Broadband service.

When your phone service is live (either via porting your existing number or us providing you with a new number) you will be notified by our provisioning team to connect the configured base unit and VoIP handset to a spare Ethernet port at the back of the router.

Our technicians will explain how to do this. If you have any questions or concerns with the phone service, please contact us on 01223 653400.

Connection of a Customer supplied VoIP phone will be made on a best endeavours basis.

A list of compatible VoIP phones is available on our website.

VoIP fees and rates

The Air Broadband service does include 1000 minutes (calls) to national or mobile numbers, thereafter calls are charged at 10p per minute to national numbers and 15p per minute to mobiles. Remaining minutes at the end of each month are not carried forward.

Call tariffs for all other destinations and premium rate numbers (including numbers starting 08, 09, 0701, 0702) are available on our website.

Call features and services functionality are subject to variation and may not be available in all areas.

If you use any security, personal alarms, or health monitors, please check with your providers to ensure that your alarm or monitor is compatible.

Your voice services are provided over a broadband network. You should always keep your broadband router plugged in and switched on to be able to make and receive calls. You acknowledge that in the event of a power or network outage, your phone services will not work, and you will not be able to make or receive calls, including calls to emergency services. Please keep a mobile phone charged and to hand in order to call emergency services if needed. Similarly, any security or personal alarms, or health monitors will not work if there is a power or network outage. Please check with your alarm or monitor provider for guidance. Any other equipment you connect to your phone line may also not work in an outage. Air Broadband Limited will not be liable for any failure of any system associated with security, health monitoring or alarms, or any other such systems, due to incompatibility with our network, power outage or any other matter beyond our control or not arising out of a fault of ours.

If you keep your existing phone number and take a phone line from us as part of the services, you authorise us to cancel that part of your agreement with your old voice provider. Please note, whilst we are usually able to arrange for you to keep your existing phone number when transferring your line to us, we cannot guarantee this.

If you do not wish to keep your existing phone number but are taking a VoIP service from Air Broadband Limited, we will allocate a number to your account based on your geographical area. Please note that the phone number and any rights in it belong to Air Broadband Limited and you may not sell it or agree to transfer the number to anyone, unless agreed by Air Broadband Limited.

You agree that we will provide your phone number and address to the emergency services. Unless you state otherwise, we will also provide these details and your name to other authorised public communications providers and regulated directory service providers in order for your details to be added to phone books and other similar service providers.

Broadband

We will provide you with a wireless router in order to use our services. The router remains our property and must be returned to us at the end of service (in most cases you will be invoiced for the return of equipment).

Our commitment to you

We aim to provide you with continued service; however, we will not be liable for service problems due to events arising out of our control.

Occasionally, Air Broadband Limited or our Network Partners will need to carry out maintenance or upgrade works on the network which will be done at times during the night to minimise service disruption. Where possible, we will provide advance email notification when such work will be carried out and details provided on our status update page on the website.

Due to the nature of the internet, we cannot guarantee specific levels of performance for internet access to sites outside of our network.

You agree to comply with our Acceptable Use Policy which can be found in this agreement.

Paying for our services

You are responsible for and must pay for the services by direct debit to Air Broadband Limited. If your Direct Debit is cancelled or is not cleared by your bank or building society, we may charge you a default fee. We will send you a bill each month and payments will be taken on a monthly basis.

Your information

Air Broadband Limited fully complies with GDPR laws in force in the UK. We reserve the right to monitor and control data volume and/or types of traffic transmitted or received by you across our network.

Changing the agreement

We may at any time modify, amend, or alter the terms of this agreement and/or the services if:

  1. we are required by law, or there is a change to any law, code, guidance, or regulation that applies to Air Broadband Limited or relates to the services we provide;
  2. we need to alter the services for quality-of-service reasons, or to benefit our customers, or where it is necessary.
  3. for security, technical or operational reasons.
  4. we introduce new services, features, equipment or services; 5. the changes are minor and do not materially disadvantage you.
  5. we determine it necessary to make such modifications.

We may withdraw your chosen services package for commercial or operational reasons or if we are unable to continue providing it for matters beyond our reasonable control. If we decide to do this, we will move you onto our then current equivalent or better package, unless you request a more expensive service. If the package we have decided to remove increases the price you pay, we will give you at least 30 days’ notice before such change and, in such circumstances, you may cancel the services affected by such change.

Suspension of your services

We may suspend your services immediately without notice in the event you:

  1. breach this agreement.
  2. you exceed the credit limit on your account.
  3. you cancel your direct debit.
  4. you do not use our residential service in a usual way expected of a domestic household.
  5. you have provided false or misleading information.
  6. you (or someone using the services) have or we believe you may be committing fraud against us; 7. In addition, we may suspend your services immediately without notice in the event we:

believe it is necessary to do so, e.g., due to threats to the security or integrity of the network or the services we provide.

  1. need to conduct maintenance, repairs or improvements.
  2. are required by law to do so.

In such cases, we will usually make contact with you to endeavour to resolve the issue where possible. We reserve the right to charge an administrative fee for restoring your service as a result of such suspension due to your misuse or breach of our services.

Terminating this agreement

In addition to your rights during the cooling off period, either party has the right to terminate this agreement at any time by giving 1 months’ notice. You may terminate this agreement by writing to us at finance@airbroadband.co.uk or Air Broadband Limited, The Old Sunday School, Chapel Street, Waterbeach, Cambridge. CB25 9HR. In the event of your termination of this agreement, you must pay any outstanding fees and charges up to the end of the 1-month notice period. If you terminate the agreement during the Minimum Term, then you will have to pay an early termination fee that varies by customer depending on what products and services you take and the length remaining on your Contract. The terms of your existing Contract will remain in place during the 1 months’ notice period. The early termination fee will apply after this time and relates to the length remaining.

We have the right to end this agreement immediately by giving you notice in the event that our authority to operate as a public communications provider is suspended, or if we need to do so for security, technical or operational reasons.

Upon termination we will deactivate your services and the router must be returned to us at Air Broadband Limited, The Old Sunday School, Chapel Street, Waterbeach, Cambridge, CB25 9HR by recorded delivery outlining your name, address and account number included in the parcel. If you do not return the router to us, you may be charged the cost of its replacement.

Moving home

If you move outside of our network area during the minimum period, you may need to pay an early termination fee. If you move to another address inside of our network area, you may ask us to provide services to your new address. This transfer of services will be subject to our installation terms as notified to you at that time. If we can provide you with our services at your new address, we will transfer your Contract to the new premises (and any remaining minimum period, will continue). You may be required to pay a new installation fee.

Limitation of liability

Air Broadband Limited’s liability to you is limited to a maximum of £50,000 for any one event or series of connected events associated with your property in relation to direct physical damage to your property. This agreement is between you and us and you may not transfer the agreement to any other person or parties.

Notices

If you need to contact us, you may call us on 01223 653400, email us at sales@airbroadband.co.uk, or support@airbroadband.co.uk or write to us at Air Broadband Limited, The Old Sunday School, Chapel Street, Waterbeach, Cambridge, CB25 9HR.