Terms and Conditions

You must read our terms and conditions carefully before ordering any of our services. In particular your attention is drawn to §19 (our right to vary this contract), §37 and §38 (our right to cancel this contract) and §52 (our liability limit). You will be asked to confirm you have read and understood these conditions before your order can be accepted. By signing the order form you will be agreeing to be bound by these terms and conditions.

Definitions

1. Garboldisham Broadband Ltd refers to Garboldisham Broadband Ltd of the Village Hall, Church Street, Garboldisham IP22 2SE. Also referred to as "we" or "us" in these Terms and Conditions.
2. Customer means the consumer or business so named on the order form and anyone reasonably appearing to us to be acting with the authority of that person or business. Also referred to as "you" in these Terms and Conditions.
3. Equipment means the things supplied by us to you under the Contract, including any aerials, wireless adapter equipment, and wiring.
4. Premises means the place where the Equipment will be installed.
5. Internet means the worldwide interconnection of individual networks that have an agreement on how to talk to each other.
6. Service means the Internet connectivity and other services provided by us to you at the Premises.
7. Contract means in order of precedence these Terms and Conditions, and any other document that the parties agree in writing will form part of the contract.

General

8. By returning a signed application form or using the Service, you will be deemed to fully agree, accept and understand these Terms and Conditions.
9. You agree that in entering into this Contract, you do not rely on any statement, warranty, representation or understanding from anyone (whether party to the Contract or not) that is not expressly set out in this Contract or in a variation signed by us both and attached to this agreement.
10. English Law governs this contract and we both agree to the exclusive jurisdiction of the English courts.
11. Nothing in the Contract shall affect your statutory rights.
12. The headings in and notes on this Contract are for convenience only and shall not affect the interpretation of this Contract.
13. If any provision in this Contract is held to be invalid or unenforceable, it shall be deemed severed from the Contract and this shall not affect the validity or enforceability of the remaining provisions.
14. Neither we nor you shall be considered to have waived any right under this Contract because of failure or delay in exercising that right.
15. Any waiver of a breach of this Contract must be in writing and signed by us both.
16. Any variation of this Contract must be in writing and must be signed by a director of Garboldisham Broadband Limited.
17. No person who is not a party to this Contract has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
18. Any notices given under this Contract shall be communicated
1. to us by e-mail to administrator@garboldisham.net or in writing to our registered address.
2. to you by e-mail to the address provided to you as part of the service.
E-mails will be deemed to have been received no later than 24 hours after the time and date of dispatch.
19. We may change this Contract, including our charges, at any time. We will give you at least one month’s notice of any changes before they take effect.
20. Neither we nor you can transfer this Contract or any part of it
21. This Contract can be ended by either party giving one month's notice to the other. You must pay the charges applicable up to the end of that notice.
22. If you terminate the Contract within the first 12 months, the cancellation charge set out in our list of charges will be due.
23. You must give one month's notice if you intend to move from the Premises. This will be treated as a notice of termination of the Contract.
24. Neither party will be liable to the other for delay or failure to perform its obligations under this Contract by a matter that is beyond its reasonable control. If these matters continue for more than one month either party shall be entitled to terminate this Contract.

Provision of service

25. You agree to provide:
    1. a suitable location at your Premises for our Equipment
    2. access to the Premises (including the roof) as necessary for the installation, maintenance or removal of the Equipment.
    3. safe working conditions for anyone installing, maintaining or removing the Equipment
26. It is your responsibility to ensure that your PC or other equipment is compatible with the Service. We are not liable for any damage to your equipment resulting from its use in conjunction with our Equipment.
27. If the installation, maintenance or removal of the Equipment requires access to, or the installation of Equipment on, someone else's property, you agree to obtain the necessary permission from and make suitable arrangements with the owner in advance of the work.
28. You or your representative, who must be over 18, must be present during the installation, maintenance or removal.
29. You agree to pay any costs incurred by us if:
    1. you decide you no longer want the installation after an installation date is agreed;
    2. you report a fault, and we or our agents visit your Premises, but no fault is found with our Equipment;
    3. you refuse entry to the Premises, or access cannot be gained, at the time agreed between you and us for a visit;
    4. you agree a time for a visit but cancel it less than 48 hours in advance.
30. We shall not be liable for any delay in installing or connecting the Equipment.
31. We shall use all reasonable skill and care expected of a voluntary organisation in providing the Service to you.
32. We may retain personal data for the purposes of operating the Service.
33. We may suspend the Service or parts of the Service temporarily for repairs or upgrades.
34. We may alter access arrangement or technical specifications associated with the Service.
35. We may impose limits on the storage space or transfer capability we provide to you, and may suspend, reject or delete material that causes the relevant limit to be exceeded.
36. We may suspend access to the Service if we think there is likely to be a breach of security or misuse of the service.
37. We may suspend the Service in whole or in part, or end this Contract (or both) at any time with immediate effect:
    1. if the service cannot be provided to your Premises
    2. if we believe that the Service is being used contrary to the Acceptable Use Policy;
    3. if you materially breach this contract;
    4. if bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation, or if execution is levied on any of your goods.
38. We may end this Contract if you breach it in any way and fail to remedy the breach within a reasonable period of being asked to do so.
39. All Equipment remains our property, unless otherwise agreed in writing. You agree to use it with reasonable care, in accordance with the instructions, and solely for the purpose of receiving the Service. If you damage the Equipment, we may charge you for its repair or replacement.
40. We are not liable to remove our Equipment from your Premises on termination of the Contract.

Use of the Service

41. You agree to pay the charges for the Service that we may set from time to time. You understand and agree that if you fail to make payments of charges when they are due, we may suspend or cancel your Service, in part or in full, until payment is received in full.
42. You remain liable to pay all charges when you are unable to access the Service, unless that inability is wholly attributable to our negligence.
43. You may not re-sell, transfer, assign or sub-licence any part of the Service.
44. You agree to abide at all times by our acceptable use policy, as it is defined at the time when you use the Service. You understand and agree that we may suspend or cancel your Service, in part or in full, if any breach of this policy occurs, and that you fully indemnify us against any claims that may arise from your breach of this policy.
45. You agree to inform us immediately if
    1. any of the information provided by you on your application changes, including any changes to your payment details.
    2. you believe that there is, or is likely to be, any unauthorised use of your Service.
46. We reserve the right to engage a third party debt collection agency to recover any outstanding debt. You will be liable for any additional charges generated as a result of this process.

Liability

47. You agree that you accept these terms and conditions on the basis that the prices and charges payable by you reflect the limitations in our liability.
48. Subject to the limits set out in §52 below, we shall accept liability for any damage to your tangible property resulting from the negligence of us or our agents or subcontractors. We exclude liability for "making good" or minor redecoration necessary after installation or removal of the Equipment.
49. We have no liability for any loss not reasonably foreseeable by us when this Contract starts, any loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, wasted expenditure or data being lost or corrupted.
50. We have no liability of any sort for the acts or omissions of other providers of services, or for faults in or failures of their networks and equipment.
51. You understand and agree that the Internet is separate from the Service, and that we have no responsibility for any goods, services, information, or other materials you obtain when using the Internet.
52. Any liability we have is limited to the greater of the total charges paid by you in the 12 months preceding the date on which the liability arose, or the charges we would have expected you to pay in the next 12 months. You agree that this is a reasonable estimate of likely damage.
53. We shall have no liability to you unless you serve us with written notice of it within six months of the date you became aware of it or ought reasonably to have become aware of it.

Notes on the Terms and Conditions

1. Garboldisham Broadband Limited is a company limited by guarantee.
3. Further details of the Equipment and installation are provided at www.garboldisham.net.
5. The individual networks are operated by governments, industries, universities, and private individuals. The content and service they provide are entirely outside our control
6. The Service will include access to the world-wide web, e-mail, news, and file transfer services provided by other servers, and our own e-mail server. Access to other services may be restricted by our local firewall, although we may agree to offer these if requested.
8. After you have ordered the Service, we shall need to conduct a survey to make sure that it can be delivered. If the survey shows that the Service is unavailable or likely to be limited, we shall cancel the Contract and return any installation fee paid.
19. If the Contract is changed to your detriment, then you have the right to cancel without incurring a cancellation charge by giving one month's notice.
22. The cancellation charge is based on the amount of installation subsidy received.
23. If you move to somewhere that the Service can be provided, and decide to have the Service installed, then you must submit a new application. If the new occupier of the Premises wishes to continue Service, they will also need to complete an application. We may review any cancellation penalties or installation charges in either of these cases.
24. This includes severe weather, industrial disputes, war, riot, malicious damage, or compliance with any law or governmental order, rule, regulation or direction.
25. Further details of the Equipment and installation are provided at www.garboldisham.net. We shall agree a time for any visit for installation, maintenance or removal in advance. You should warn anyone visiting your Premises of any hazards you know of or concerns you have that may affect their safety before they start work.
26. Further details of the Equipment and installation, including the requirements for connection to your PC or other equipment, are provided at www.garboldisham.net.
28. It may be necessary for you to agree details of the installation (such as the placing of aerials or the location of a power source for the Equipment) during the visit.
29. We shall normally try to resolve or isolate faults before a potentially chargeable service visit is made.
31. We cannot guarantee that the Service will always be available or will provide the quoted access speeds at all times. If you discover a fault with the Service, you should contact us as soon as possible. We shall investigate and correct all reported faults as soon as is reasonably possible given the resources available, but recommend that if temporary loss of Internet access would cause particular difficulties, you maintain a backup service. A "pay as you go" dialup connection is available as part of your subscription for this purpose, and for Internet access when you are outside our service area.
32. We shall register as required under the Data Protection Act of 1998. Some data (such as passwords you provide) may be held by organisations we contract to provide services. We will not use any data other than to provide the Service and collect charges, and will not sell it to third parties. A summary of the way your data is being used will be provided in the Privacy Policy at www.garboldisham.net.
33. Before we do this, we will give you as much notice as possible.
34. Before we do this, we will give you as much notice as possible and advise on any changes to the configuration of your equipment that may be needed.
35. Limits will be applied to the amount of e-mail stored for each address on our server. Details are provided on our web site, and may change from time to time. E-mails that exceed this limit may be rejected without warning, and it is your responsibility to move e-mail from the servers to avoid this. We do not intend to set formal limits on the amount of data transferred, but reserve the right to restrict access if your use of the Service has an unacceptable impact on other users.
36. We shall notify you of our concerns and the steps you need to take to deal with them as soon as possible after taking such an action.
37. If we suspend the Service or terminate this Contract, we will inform you as soon as is reasonably possible and explain why this action has been taken. If we decide to suspend the Service for a breach of the Contract provisions we will restore it when you satisfy us that you will only use it as agreed.
38. If possible, we will give you prior notice if we suspend your service.
41. Current charges are shown at www.garboldisham.net. When you register for the Service, we will ask you to authorise payment by monthly standing order. We will begin charging you for the Service on the first day of the month following the installation of the service.
44. The current Acceptable Use Policy can be found at www.garboldisham.net.
45. We will issue you with a set of user names and passwords. You must keep these confidential and use them in accordance with all relevant instructions. You must advise us if you suspect that someone is using your account or has knowledge of your personal details. If you forget a password, you should contact us: in most cases we will not be able to tell you what the password is, but can reset it to a new choice. In some cases this may result in a loss of data.
48. Details of the installation process are at www.garboldisham.net. The disruption caused should be comparable with having a new telephone socket or TV aerial installed.