LINK IP BROADBAND TERMS AND CONDITIONS

Please read through these terms carefully, as they contain important information about the services we are providing to you.

These terms apply to all residential customers we provide broadband services to.

There are other terms that may apply to you. Our Privacy Policy explains how we may use your personal information. Please also read our Privacy Policy carefully so you understand it.

We update these terms from time to time. Every time you want to place an order for our services, please check these terms to ensure you understand the terms that apply at that time.

  1. Information about us and how we contact each other
    1. We are Link IP Networks Limited, a company registered in England and Wales. Our company registration number is 11881958 and our registered office is at Pear Mill Industrial Estate Stockport Road West, Bredbury, Stockport, England, SK6 2BP.
    2. If you need to contact us for any reason including if you need to tell us about a problem with the services, please contact us by email to info@linkipnetworks.co.uk or by phone 0161 813 1870.
    3. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us. Please let us know as soon as possible if your contact details, payment details or any other information we need to know changes. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not providing us with the correct information.
  2. Our contract with you
    1. Our acceptance of your order will take place when we email you to an order confirmation, at which point a contract will come into existence between you and us.
    2. If we are unable to accept your order, we will inform you of this and will not charge you for the service. This may be because the services are not available at your property, or for any other reason.
    3. You must be at least 18 years old to use our services.
  3. Broadband Services
    1. The services referred to in these terms include the broadband services and any other ancillary services that we agree to provide to you (including without limitation activation services and maintenance) when you purchase one of our broadband packages. The nature of the services will depend on the broadband package you select. Please ensure that you select the correct broadband package suitable for your needs.
    2. The services are only available to the residents of selected properties. Please check with us if you are unsure whether we are able to provide the services in your property.
    3. We will provide the service with reasonable care and skill.
    4. We aim to provide a high quality of service and will try to ensure that continuity and quality of service is not affected at busy times. However, due to the nature of the service, we cannot guarantee that the service will be available all the time or without interruption. If you experience problems with the service, please contact us to let us know. We will use reasonable care and skill to fix any faults or other performance issues as soon as we can.
    5. We will try to ensure that you get the estimated speed under the broadband package you have selected. However, your upload and download speeds are based on what is achievable using a wired connection, and will depend on various factors (such as the distance you are from the router/ Wi-Fi access point, usage and the number and performance capabilities of any connected devices at your property), and as such we cannot guarantee the estimated speed.
    6. From time to time we may interrupt or modify the service (or part of it) to carry out the maintenance, repair and upgrades. We will aim to give you as much notice as possible if this is happening. Please see condition 6 for details of when we can change, suspend or end the services.
    7. We will use reasonable care and skill to keep our network secure. However, please be aware that internet transmissions are never completely private or secure and that any message or information you send using our network may be read or intercepted by others. You are responsible for keeping back-up copies of your data.
  4. Your use of the services
    1. When using the services, you are responsible for how the service and any equipment we provide is used. You must:
      1. only use the service for residential domestic use and not for any business purposes. Whilst we understand that there may be a reasonable amount of working from home, we do not accept any liability for business losses (see condition 4);
      2. not perform any illegal activities;
      3. follow any reasonable instructions we give you;
      4. permit us to carry out any reasonable visits to your home, and any investigations, security checks, repairs and installations in relation to the service;
      5. maintain accurate, complete and up-to-date information on your account with us. Your failure to maintain accurate, complete and up-to-date account information, including having invalid or expired credit or debit card details, may result in your inability to access and use the service. You are responsible for all activities that occur under your account, and you agree to maintain the security and secrecy of your account username and password at all times;
      6. not send a message or communication that is offensive, abusive, defamatory, indecent, obscene, menacing, or cause any annoyance, nuisance, inconvenience or that infringe the rights of any other person;
      7. not do anything that may negatively affect the security of our network or systems or any other person’s network or systems; and
      8. keep any equipment that we provide secure and not tamper with it.
    2. If you break any of these terms (including the terms set out in condition 1) and we reasonably consider it a serious breach, we reserve the right to change, suspend and/or end the service (or any part of it) without giving you notice.
    3. If the broadband package you have selected has a monthly usage limit, you are responsible for ensuring that you do not go over that limit. If you go over the limit, we are entitled to charge you extra for any usage above the limit.
    4. Any equipment we provide as part of the services is owned by us and you agree that we can keep the equipment at your home and carry out any necessary maintenance and repairs or replacement to the equipment, which may include home visits.
    5. You are required to take good care of our equipment while it is in your possession and follow any reasonable instructions we may give you in relation to the equipment. If the equipment is tampered with, lost or is damaged in any way while in your possession (and we are not at fault), you may be required to reimburse us for the cost of equipment.
    6. You are required to keep our equipment at your property at all times and must not remove the equipment from the original property where it was installed by us at any time or dispose of it in any other way.
  5. Service duration and cancellation
    1. The service duration will depend on the broadband package you have selected. This will be set out in your order confirmation. If the relevant broadband package includes a fixed-term services (such as 6 months, 12 moths or 24 months), your contract will start on the date we accept your order (see condition 1) and will continue until the end of the relevant fixed term.
    2. If you wish to cancel the service before the end of the fixed term (and not during the Cooling off Period as set out in condition 7), you must give us at least 30 days’ notice to terminate and you may be charged an early termination fee. Please refer to the Schedule to these terms for more information on the early termination fee.
    3. If you want us to stop providing the service at the end of the fixed term, you will need to give us at least 30 days’ notice before the end of the fixed term.
    4. We may agree to renew or upgrade the broadband package for another fixed term. In that case, we will discuss the relevant broadband package and the new duration with you.
    5. If the duration of your broadband package comes to an end (and you have not notified us that you wish to cancel under condition 3), we will continue to provide the same service on the then standard service charge rates until you cancel by giving us at least 30 days’ notice or upgrade your broadband package.
    6. If you move home before the end of any fixed term (and not during the Cooling off Period as set out in condition 7) and the services are not available at your new property, then you may be charged an early termination fee. If the services are available at your new property, we will let you know if we can transfer the services to your new address, in which case a transfer fee may apply to cover our administrative costs. In all circumstances, you must give us at least 30 days’ notice before you move. Please refer to the Schedule to these terms for more information on the early termination fee and the transfer fee.
    7. You have a legal right to change your mind within 14 days after the day we email you to confirm we accept your order (“Cooling off Period”), in which case you will receive a refund of any charges paid in relation to your service.
    8. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
  6. Our right to change, suspend or end the services
    1. We are not responsible for events outside our control. If our supply of the services is delayed, interrupted, suspended or negatively affected in any other way by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay, interruption or suspension. Provided we do this we will not be liable for the effects of such event. In these circumstances, we may need to suspend or terminate the service or your contract with us.
    2. We may have to change, suspend and/or end the supply of a service immediately if any of the following apply:
      1. if required due to any changes in relevant laws and regulatory requirements;
      2. if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
      3. in accordance with condition 4.2, if you break any of these terms;
      4. if you exceed any usage allowance applicable to your service;
      5. if the details on your account are not up to date and we are not able to contact you, or if we believe that you have provided us with false, inaccurate or misleading information;
      6. if you cancel your direct debit or if we believe that your account details or payment method have been used illegally;
      7. if you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
      8. we suspect fraud or any other unauthorised or illegal activity;
      9. if your behaviour towards our staff is abusive, threatening or otherwise inappropriate in our reasonable opinion;
      10. to make changes to the services as requested by you (see condition 1); or
      11. for any other reason if we believe it is reasonable to protect our network, systems, services or reputation.
    3. We may have to change, suspend and/or end the supply of a service immediately if any of the following apply, but we will try to give you as much notice as possible:
      1. we need to deal with technical problems or make minor technical changes;
      2. to carry out any maintenance, repair and upgrades to our network;
      3. in the circumstances outside of our control (see condition 6.1); or
      4. if we stop providing the services at your property or location or are no longer able to provide the service for any other reason.
    4. If we end the service for any reason set out in conditions 2.2 to 6.2.11 (inclusive), we reserve the right to charge you an early termination fee. In all other cases where we end the service early, you will receive a refund for any services you have paid for but not received.
  7. If you wish to request changes
    1. If you wish to upgrade or make any other changes to the services please contact us. We will let you know if the change is possible, but we are under no obligation to make the change. If it is possible we will let you know about any changes to the price of the services, the timing of supply, any applicable charges 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.
  8. If there is a problem with the Services
    1. How to tell us about problems. If you have any questions or complaints about the services, please contact us.
    2. Your legal rights. We are under a legal duty to provide the services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

      For example, if we do not provide the services with at least reasonable skill and care, you have the right to: i) ask for repeat performance, and ii) if repeat performance is not possible, or not done within a reasonable time, the right to a reduction in price.

      For more information about your other legal rights in the UK, please visit the UK Government’s website at: www.direct.gov.uk or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.

  1. Charges and payment
    1. The charges for the services will be the charges (which include VAT) indicated on the order pages when you placed your order for the broadband package you have selected.
    2. We accept payment from all major credit cards. Payment will be required upon placing your order.
    3. While we aim to keep our prices the same during your contract term (see condition 5.1), please note that we reserve the right to increase the charges annually by the Consumer Price Index rate of inflation as published by the Office for National Statistics in January of the relevant year. This may happen if, for example, our third party supplier prices increase. If this happens, we will tell you when the price increase applies.
    4. Please note that your direct debit will be processed by GoCardless Ltd, a third party provider. You agree to authorise GoCardless Ltd to collect your payments in relation to the services we provide on our behalf. We advise that you read any applicable GoCardless Ltd terms and conditions and privacy policy. For more information, please refer to GoCardless Ltd Frequently Asked Questions available at https://payersupport.gocardless.com/hc/en-us/articles/5553385312412#map5.
  2. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the services.
    3. We are not liable for business losses. We only provide the service for domestic and private use.
    4. If you use the service for any commercial or business purpose we will have no liability to you for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss or corruption of data or information;
      5. loss of business opportunity, goodwill or reputation;
      6. where any of the losses set out in conditions 4.1 to 10.4.5 above are direct or indirect; or
      7. any special, indirect or consequential loss, damage, charges or expenses.

        Other than the losses set out above (for which we are not liable), our maximum aggregate liability under or in connection with these terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the charges actually paid by you in relation to the service. This maximum cap does not apply to liability we cannot limit under condition 10.2.

  1. Other important terms
    1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. 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.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking 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.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

Schedule

Transfer Fee

The following transfer fee will apply if you wish to transfer our services to a new address in line with condition 5.6:

£29.99

Early Termination Fee

If you wish to cancel the services under conditions 5.2 and 5.6 (where our services are not available at your new address) or if we cancel in line with condition 6.4, all outstanding payments will become due and the following fees and charges will apply:

  • All outstanding amounts for the services you have received but not paid before the date of termination (“Outstanding Amount”) will become due and payable; and
  • You will be charged an early cancellation charge (“Early Cancellation Charge”). Please see below for more details on how the Early Cancellation Charge will be calculated.

Please note that if your fixed-term broadband package includes a period of service which we agree to provide free of charge, and you terminate before the end of your fixed term, you will be charged a sum equal to the regular monthly amount payable under your selected broadband package multiplied by the number of months that the service was provided to you free of charge (“Free Period Usage Charge”). The Free Period Usage Charge will be charged in addition to any Outstanding Amount and the Early Cancellation Charge.

The following steps will be used to calculate any Early Cancellation Charge applicable to you:

  • Calculate the remaining amount you were due to pay up to the end of the fixed term. Please note that any unused Free Period will be included in this calculation, as if you were due to pay your regular monthly amount under your broadband package;
  • Take off VAT;
  • Take off any savings, if applicable, (such as payments to suppliers) as a result of you terminating early;
  • Apply 1% discount for early receipt of your payment; and
  • Add VAT to the final cancellation charge.

The above charges are worked out for any part month on a pro-rata daily basis.

Example 1:

You have signed up to a 12-moths’ fixed-term broadband package with 3 months free of charge and the remaining 9 months at £24.99 per month. You decide to cancel the services after 6 months. The following will apply:

  • Free Period Usage Charge for 3 months services provided to you free of charge (3 x £24.99);
  • Any Outstanding Amounts (if any) for 3 months services provided to you at £24.99; and
  • The Early Cancellation Charge calculated based on 3 months remaining up to the end of the fixed term.

Example 2:

You have signed up to a 12-moths’ fixed-term broadband package with 3 months free of charge and the remaining 9 months at £24.99 per month. You decide to cancel the services after 2 months. The following will apply:

  • Free Period Usage Charge for 2 months services provided to you free of charge (2 x £24.99); and
  • The Early Cancellation Charge calculated based on 10 months remaining up to the end of the fixed term (including 1 months unused Free Period).

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