In this contract we refer to ourselves as “Wight Wireless”, “we” or “us” meaning Nammit Networks Ltd, registered in England and Wales with company number 07251276. Our registered office is at 11 Daish Way, Dodnor Industrial Estate, Newport, Isle of Wight, PO30 5XJ. By submitting an order to receive our services, you are confirming that all of the details that you have provided are true, accurate and complete. You agree to inform us of any changes to these details, including payment details as soon as reasonably possible. Please ensure you read these terms and conditions carefully, and check that the details on your order form are true, accurate and compete. If the confirmation does not match the details provided and or the services you requested, please contact us to discuss this as soon as possible. Contacting us and providing notice to us If you have any comments, questions or complaints, please contact us by emailing us at firstname.lastname@example.org or by calling 01983770000. If these details change, you will be notified by email and by writing using the billing contact details on your account. If you wish to give us notice in writing (for example you wish to cancel the contract, where you have placed the order or we have started to provide service), you can send this to us by email, by hand, or by post to our registered address. Please note that phone calls may be recorded for training, security and monitoring purposes, and in respect to orders placed by phone, to confirm your details and the services requested. The laws and courts applicable to the agreement The agreement shall be governed by and constructed in accordance with English Law, and the parties hereby submit to the non-exclusive jurisdiction of the English Courts. 1) Definitions
- “Broadband” means high speed network access to the internet
- “Charges” means the charges for services delivered as set out in the tariff unless otherwise confirmed in writing.
- “Early cancellation” has the meaning given in clause 3
- “Equipment” includes hardware and materials which are required to give you access to the services that have been ordered.
- “Services” means any part of our broadband or phone service that are set out in your order, including the provision of Equipment (if applicable) and Installation (if applicable).
- “Tariff” means Wight Wireless’s publication of its prices for services, and any other relevant charges applicable to the services. The most up-to-date prices can be found at wightwireless.net.
2) Providing services and equipment to you
2.1. We will provide to you the services and if applicable any equipment associated with the services, provided that you meet all of your obligations and responsibilities under the agreement. We will provide the services using reasonable skill and care to the standard of a competent telecommunications provider.
2.2. Unless you are having an installation, we will deliver the equipment to the premises specified in the confirmation within 30 days or you will be notified. If you are having an installation, the engineer will deliver the equipment to site on the agreed day of installation.
3) The duration of the agreement
3.1. The agreement shall come into full force and effect from the date of our confirmation letter, and shall continue for the initial term specified in the order confirmation letter.
3.2 The agreement shall continue after the initial term, but either party may terminate the agreement by giving the other party 30 days’ written notice.
3.3. If you decide to cancel the agreement within the the initial term, then you will be required to pay an early termination charge. The early termination charge will be calculated by multiplying the fixed charges by the number of months remaining in the fixed term.
4) Invoicing and charges
4.1. In return for us providing the services and equipment, you agree to pay us the charges.
4.2. We will send you either a written or an electronic bill for all due charges on a monthly basis. We may decide to change the format of the frequency of your bills, in which case you will be notified by writing or email using the billing details registered at the point of order.
4.3. All charges will be billed exclusive of VAT unless otherwise specified in your bill.
4.4. Any call charges will be expressed in pence per minute. For most paid calls you will be charged per second, and all calls will be rounded up to the nearest penny before VAT is applied.
4.5. If you choose the “e-billing” option, the following applies.
4.5.1. E-billing is only available to customers with a valid billing email address, who pay by direct debit or electronic BACS. You will stop being eligible for for e-billing if you stop paying by direct debit or BACS.
4.5.2. You will receive your bill on a monthly basis by email. You are responsible for ensuring that we have a valid email address.
4.5.3. We may charge you a reasonable additional fee (as set out below) that reflects the work we need to put in if: –
188.8.131.52. you choose to use paper billing instead of e-billing (£3.00 inc. VAT.)
184.108.40.206. you’re automated or electronic billing method fails for any reason, and we have to send you a paper bill in relation to that payment (£7.50 inc. VAT.)
220.127.116.11. the email address you have provided to us does not work for any reason, or is not your current email address, and we have to send you a paper bill in relation to that payment (£3.00 inc. VAT.)
5) Your obligation to pay
5.1. You must pay the charges due by the due date stated in your bill. Where no due date has been specified, you must pay the charges within 14 days of the date of the bill. If you fail to make a due payment, we may cancel this agreement in accordance with with clause 5.5.2.
5.2. Our preferred method of payment is Direct Debit from your bank or building society. If you would prefer an alternative means of payment, we will charge you an additional fee of £5.00 (inc. VAT.) per month. This is an administrative fee that represents the additional time resolving payment issues and reconciling your account.
5.3. If any Direct Debit payments fail due to a lack of sufficient funds in your bank account, we may charge an additional fee of £7.50 (inc. VAT.) This is an administrative fee that represents the cost to us of resolving payment issues and contacting you for an alternative payment method.
5.4. If you fail to make payment by the due date, we;
5.4.1. may require you to pay all future charges on account in advance.
5.4.2. may remove any discounts to the charges that were applied at any time (in which case you would in future pay the Tariff rate.)
5.4.3. may charge you interest on any overdue sums at a rate of 2% above the base lending rate of the bank of England (such interest to accrue from the due date for the payment until settlement of the outstanding sum and the interest)
5.4.4. may charge you an additional fee of £7.50 (inc. VAT.) for the collection of overdue sums, this is an administrative fee to reflect the work we need to do to chase payment from you.)
5.4.5 may charge you a re-connection fee of £10.00 (inc. VAT) to reconnect the service in the event the account is suspended for non-payment.
5.4.6. will send you a payment reminder by post and/or email, and or telephone and/or SMS. If we do not receive payment within 10 calendar days of the reminder, we may charge you a further fee of £10.00 (inc. VAT.) this is an administrative fee that represents the continued effort we need to make to chase payment from you.
5.5. If we have not received amounts due to us within 30 days of the due date for payment, we may:
5.5.1. immediately suspend the services.
5.5.2. cancel the agreement by providing you with written notice; and/or
5.5.3. appoint a third party debt collector to collect the due charges from you, and require you to pay that debt collectors fees.
6) Changes we can make to this agreement
6.1 Wight Wireless Services occasionally require modification so that they work efficiently, effectively and lawfully. We may make changes to:
6.1.1. the Terms, the Tariff and the Service Brochures by giving you thirty days (30) written notice; and
6.1.2. any part of the Agreement with less than 30 days notice (including with immediate effect if necessary) by publishing the change on our website at www.wightwireless.net if required to do so by any law or any decision by our regulator Ofcom (or any regulatory body that replaces Ofcom) or for any other reason outside of our control.
6.2. Where any modification we choose to make pursuant to clause 6.1.1 or 6.1.2 is likely to be of material detriment to you, we will use reasonable endeavours to give you as much notice as possible. If that modification does or will actually result in a material detriment to you and you do not want to continue using the Services, you may cancel the Agreement by providing us with 14 days’ written notice without needing to pay the Early Cancellation Fee (if applicable). We interpret “material detriment” in accordance with the guidance from our regulator, Ofcom. As such, in the Agreement it would include any increase in our core subscription charges other than an increase in accordance with clause 6.4 or an increase to reflect mandatory changes in the VAT or other taxes that apply to the Services.
6.3. All modifications of general application will be displayed on our website at www.wightwireless.net and can also be requested by contacting us in writing or by phone.
6.4. We may increase the Charges at any time following the expiry of the Initial Term by the percentage increase in the Consumer Price Index since the later of the date of Confirmation or your most recent price variation.
6.5. Unless stated otherwise in the notice we give you of any modification, you will be deemed to have accepted the modification if you have not cancelled the Agreement within 30 days of the date of which the modification becomes effective (as stated in our notice). You will have no cancellation right in respect of the modification after that period.
6.6. In accordance with clause 6.1.1, we reserve the right to change the price of your Services at any point during the term of the Agreement. However, in those circumstances, you can cancel in accordance with clause 6.2.
7) Your use of the Services and Equipment
7.1 You may permit individuals within your home or business to use the Services, but you shall be liable for all charges and fees arising from any person’s use of the Services (whether authorised or unauthorised by you).
7.2. You undertake not to use the Services:
7.2.1. for the transmission or receipt of any material (in any manner) which is or is intended to be a hoax call to emergency services or is of defamatory, offensive, abusive, obscene or menacing character;
7.2.2. in a manner which constitutes a violation or infringement of the intellectual property rights, privacy rights or any other rights of any person;
7.2.3. in any way that would in Wight Wireless’s reasonable opinion materially affect the use of or access to the internet of any other person.
7.2.4. in any way that does not comply with any licenses applicable to you or is unlawful, fraudulent or results in a criminal offence being committed; or
7.2.5. to transmit any unsolicited commercial or unsolicited bulk email
7.3. Where we need to install any Equipment at your premises, or where we need to assess or fix a fault in the Services or Equipment, you agree to allow us (or an engineer we appoint) to safely enter your premises for that purpose. If the permission of another person is required, you are responsible for obtaining that permission.
7.4. You agree that you will protect and maintain the Equipment so that it is not damaged beyond fair and reasonable wear and tear. You are responsible for all damage other than fair wear and tear. If you damage the Equipment, then we may require you to pay for the reasonable cost of any repair or replacement of that Equipment. If you lose any Equipment or fail to return it to us in accordance with these Terms, then we may require you to pay for the reasonable cost of replacing that Equipment.
7.5. At the end of the Services, we may require you to return the Equipment. If we ask you to do this, you must send it back to us within 30 days of our request.
7.6 We cannot guarantee that the Equipment will not be faulty. Please contact us so that faults can be dealt with in accordance with clause 10. You may be required to return faulty Equipment to us, in which case we will provide you with replacement Equipment. This does not affect your legal rights in relation to goods that are not of sufficient quality, not fit for purpose or do not meet the agreed description.
7.7. If the Equipment requires batteries, you are responsible to replace those batteries as necessary.
7.8. Unless otherwise agreed with Wight Wireless, risk of loss and/or damage to any Equipment shall pass on delivery to you but title to any such Equipment shall always remain with Wight Wireless (i.e. we own it). If necessary, you agree that we (or our contractors or agents) can enter the premises where the Equipment is located to recover the Equipment if you refuse to return it to us.
8) Availability and reliability of the services
8.1. All of our services are subject to availability and may be withdrawn by Wight Wireless at any time. In this circumstance, we can cancel any part of this agreement by proving you with 30 days’ notice and you will not need to pay an early cancellation fee.
8.2. We will use reasonable endeavours to connect you to the services within 30 days of confirmation. If the use of the services is dependent on Installation or you accept an appointment after 30 days, then you might not be able to use the services until after your installation appointment.
8.3. Wight Wireless will use all reasonable endeavours to ensure that the services are available for use by you. However, we do not guarantee that the services will be available all of the time.
8.4. We may need to interrupt services to make necessary changes to our infrastructure or to fix any faults with our equipment, or as a result of a security or integrity incidents, vulnerabilities or threats that we identify. If this happens, we will give you reasonable notice (which may mean no notice depending on the circumstances) and do our best to restart services as soon as possible.
8.5.If you are experiencing problems with the services, there may be a fault that we need to investigate. You must notify us of any faults you identify as soon as possible. We will use reasonable endeavours to correct any faults as soon as possible.
8.6. You can tell us about any faults by calling us on 01983770000 and speaking to a member of our customer services team. Our business hours for this purpose, unless otherwise notified to you are 0900 to 1700, Monday to Friday. We ask that you provide us with the following information.
- Account name and number
- Originating telephone number
- Terminating destination
- Time and Date of when the exact fault occurred.
- Reported problem
- Contact Details (Contact name and number)
8.7. Where we suspend the services in a manor permitted by the Agreement, that suspension is not a “fault” for the purpose of clause 10.
8.8. If you ask us to fix a fault that was caused by:
8.8.1. your (or permitted users’) negligence or breach of the agreement; or
8.8.2. the failure or malfunction of your own equipment, we will charge you for our reasonable costs (and those of our engineers) in doing so.
9) Complaints and disputes
9.1. Should you have any dispute with Wight Wireless in connection with this agreement, you must give us notice in writing setting out in reasonable detail what it is that you dispute.
9.2. We agree to use reasonable endeavours to resolve any disputes fairly and promptly. We ask that you co-operate with us and act reasonably to try to resolve the dispute, but you may decide to use alternative dispute resolution or refer your dispute to our regulator Ofcom.
9.3. If you do not raise a dispute about payment within 30 days of receiving a bill containing a disputed payment, we will assume that you accept the bill and will chase for payment in accordance with clause 5 if we have already taken steps to collect payment from you.
10) Cancelling the agreement
Your cancellation rights
10.1. Cooling off period. You may cancel any or all of the services without giving any reason at any time within 14 days of the date of your confirmation (the “cooling off period”) (unless we decide to offer you a long cooling off period in which to cancel)
If we have already provided you with equipment, then you must either:
- Return all equipment to us within 14 days.
- Pay an equipment replacement fee of £200 (ex. VAT)
If you do return equipment to us, you will be responsible for the reasonable cost of replacing of repairing any damaged equipment in accordance with Clause 7.5. You will also need to meet to cost of returning the equipment unless we agree otherwise.
If we have installed the service and if you received any services before cancellation, we will charge you for those services. This may include (as applicable)
- Tariff rate for telephone calls you made.
- A reasonable proportion of your monthly broadband fee.
- £50 receiver collection fee.
We will refund any payments you made for services not used and for undamaged equipment that you return:
- Within 14 days of your cancellation notice; or
- Within 14 days of the date we receive your returned equipment (or the date you provide evidence or posting the Equipment to us.)
We will not refund:
- Any fees paid for installations or connections carried out before your cancellation notice; or
- Any one-off connection fees.
We may deduct from your refund a reasonable sum for the repair of replacement of Equipment that you damage or fail to return. To calculate this, we will look at the amount by which the equipment’s value has diminished as a result of handling by you beyond what is necessary to establish the nature, characteristic and functioning of the equipment.
10.2 During the initial term, you can cancel the Agreement in accordance with clause 6.2., depending on the circumstances. If you used these cancellation rights you will not need to pay the Early Termination Fees.
10.3 You can cancel the Agreement at any time if we commit a material breach of the Agreement and do not remedy it within 30 days of notification to us.
Our rights to cancel
10.4. We can cancel the Agreement
10.4.1. with immediate effect by providing you with written notice in the event that you: (a) break a term of the Agreement and you do not remedy that breach after we have given you a reasonable opportunity to put things right; or (b) become bankrupt.
10.4.2. by providing you with as much notice as possible if we are no longer permitted to lawfully provide the Services or we need to comply with an order, instruction or request of a government body, emergency service organisation, regulator or other competent authority that does not allow us to continue the Services.
10.4.3 We can suspend some or all of the Services, and/or cancel all or part of the Agreement by notice in writing to you:
10.4.4. in accordance with clause 5.5.2;
10.4.5. your use exceeds the restrictions in clause 7.2; or
10.4.6. we reasonably suspect that your use of the Services breaks the law.
11) Access to emergency services
11.1. If you purchase Phone Services, some phone calls will not be carried by us. For example, calls to emergency services, reverse charge calls, operator assistance and flat-rate internet dial-up numbers. These calls do not go via our network, but should be automatically routed onto the PSTN through carriers such as BT. As our network does not carry these calls, we are not responsible if you cannot make these calls for any reason (unless you cannot do so because of our negligence).
11.2. You will not be able to access emergency service numbers (999 or 112) in the following circumstances:
11.2.1. before you are successfully connected to the Services;
11.2.2. where we suspend the Services;
11.2.3. where you or we cancel the Agreement; or
11.2.4. in the event that the Services are unavailable for the reasons specified in clause 8 or as a result of an event outside our reasonable control, so you must make other arrangements.
12) Moving premises
12.1. If you are going to move premises to another UK address, please contact us (if possible, at least 14 days before your move) so that we can check whether we can offer the Services at your new premises. We do not guarantee that we can transfer your Broadband account over to new premises, and we will let you know within 14 days of your request whether it is possible. In addition, you may not be able to keep your existing phone number. Where possible we will offer you the same Services at your new premises. If the Services are not available, we may offer you alternative services, but we and you will need to agree in writing any changes to the Agreement.
12.2. You do not have a specific right to cancel the Agreement on moving premises. If you want to end the Agreement for any reason, you will need to use one of your cancellation rights set out in clause 12. Alternatively, if we cannot offer you the services that are the same or equivalent to the Services, we may choose to use one of our cancellation rights.
12.3. If we agree to provide Services to your new premises, we may charge you our reasonable costs incurred in transferring the Services. For example, you may need to pay for additional engineering works (i.e. further “Installation”) at the new premises (such as the installation of a new BT line or installation of our receiving equipment).
12.4. For clarity, you will need to comply with all the requirements of the Agreement in respect of your new premises as if the new premises were specified in your Application.
13) Transferring the agreement
13.1. You can only transfer any of your rights or obligations under the Agreement with our prior written consent. We will not unreasonably withhold our consent to such a transfer.
13.2. To allow us the business flexibility we require to properly provide the Services, we can transfer any part of the Agreement to any third party in any manner we see fit. In these circumstances, we will give you as much notice as possible (bearing in mind the need to keep our business activities confidential) and take reasonable measures to avoid any significant adverse effect on the Services or your rights under this Agreement.
14) Other important legal points
14.1. No person who is not a party to the Agreement can sue you or us under it pursuant to the Contracts (Rights of Third Parties) Act 1999.
14.2. Any failure to exercise or delay in exercising any right under the Agreement does not mean that you or we have waived that right. If either of us do waive any right under the Agreement in one scenario, that does not mean that you or we cannot exercise that same right in another scenario.
14.3. Any waiver of any right under the Agreement will only be effective if it is signed by the one of us who is waiving that right.
14.4. The Agreement represents the entire agreement and understanding of the parties with respect to its subject matter and supersedes all prior agreements, promises, covenants, arrangements, communications, undertakings, representations, or warranties, whether written or oral.
14.5. Any changes to the Agreement, other than those referred to in clause 6, will only be effective if they are signed by both you and us.
14.6. The headings in the Agreement are inserted for convenience of reference only and shall not constitute a part of or control or affect in any way the meaning or interpretation of any related provisions.
14.7. If any provision of the Agreement is held by a court or governmental agency or authority to be invalid, void or unenforceable, then such provision shall not affect the other provisions or clauses of the Agreement, which shall continue in full force and effect.
14.8. All Clauses in the Agreement which are either expressed to survive or which are by implication intended to survive cancellation or expiry of the Agreement will continue in full force after cancellation or expiry of the Agreement.
14.9. Where your Confirmation identifies more than one account holder, all those account holders shall be liable together and separately for all your liabilities under the Agreement.
15) Your responsibilities
It is your entire responsibility to protect your Devices and to back-up all data, software, information and other files that are stored on any and all Device disks and drives you may have.
You must have valid software licenses for your operating system and all applications on your Devices. You must supply details of the relevant license keys if we ask you for them.
A person of at least 18 years of age must be present the entire time that our engineer is conducting the Installation. If our engineer attends your Installation appointment and no adult is present, the engineer will not proceed with the Installation and you will be charged a rescheduling fee of £30.
You must provide our engineer with full access to the Devices and such access as is necessary to your premises.
By making your appointment, you agree to allow the engineer safe access to your premises for the purpose of the Installation and agree to co-operate fully with and provide to the engineer a safe working environment, working space, electrical power and clear unobstructed access to the relevant telephone master socket or receiving equipment.
If our engineer reasonably thinks that you have not provided a safe environment for him or her to work, or for any other reason you have not met your responsibilities for the Installation, the engineer will not proceed with the Installation and you will be charged a rescheduling fee of £30.