The Contract shall comprise of:
1.1.1 the Order;
1.1.2 the Schedules (if any);
1.1.3 these Conditions; and
1.1.4 where applicable, the Price Guide.
If there is any conflict between the documents listed above, the document higher in the list shall take precedence.
In these terms and conditions, the following definitions apply:
Applicable Law the laws of England and Wales and any other laws and regulations that apply to providing or receiving the Service;
Broadband Service a broadband Service provided by Cambrian to the Customer to access the internet using the Network;
Business Day a day other than a Saturday, Sunday or public holiday (in England);
Cambrian Cambrian Connect Limited (Company No. 12430665) whose registered office is 168 City Road, Cardiff, Wales, CF24 3JE;
Cancellation Charges a sum equal to all costs incurred by Cambrian in order to get ready to provide the Service, including cancellation charges from Cambrian’s subcontractors or suppliers or other costs payable to a third party;
Charges the fees and charges payable to Cambrian in relation to the Service as set out in the Order, Schedule and/or Price Guide;
Claim any legal claims, actions or proceedings against a party to this Contract, whether threatened or actual, whether by a third party or the other party to this Contract;
Conditions the terms and conditions set out herein;
Contract agreement between Cambrian and the Customer as set out in clause 1.1;
Customer the party Cambrian contracts with to provide the Service;
Effective Date except where Cambrian specifies otherwise, the date the Customer accepts Cambrian’s offer to enter into the Contract, as may be further described in an order confirmation email;
Estimated Go-Live Date the date Cambrian estimates that delivery of the Service is due to start;
Go-Live Date the date Cambrian first makes the Service available to the Customer;
Goods the equipment detailed on the Order Form which is intended for use with the Service and/or Third Party Software;
Intellectual Property Rights patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
Minimum Term the period of months or years beginning on the Go-Live Date, as set out in the Order, Schedule and/or Price Guide;
Network the telecommunication network used to provide the Service, which consists of network elements provided by Third Party Operators;
Order any order or part of an Order and/or Order Form from the Customer for the Service that is accepted by Cambrian;
Price Guide the price guide relating to the Service, which may be available at https://cambrianconect.co.uk (or any other format/address that Cambrian advises the Customer of);
https://www.cambrianconnect.co.uk/info/privacy-policy or any other format/address that Cambrian advises the Customer of);
Schedule any document supplied by Cambrian that sets out the specific terms that
apply to a Service and which is clearly marked as forming part of the Contract, excluding any proposal or other marketing material;
Service the service provided by Cambrian under the Contract, which may include part of a Service, provision of a Service to a Site, and/or Goods;
Site a place at or to which the Service is to be supplied, as identified in an Order;
Software any software and related documentation that Cambrian provides to the Customer as part of the Service, including any embedded software but excluding software licensed under an open source licence;
Telephone Service a Service provided by Cambrian to enable the Customer to make and receive calls over the Network;
Termination Charges the aggregate of:
(a) the charges for any Service (or part thereof) supplied but for which no invoice has yet been submitted;
(b) the fixed monthly charges due to the end of the Minimum Term; and
(c) if the Customer has paid a reduced charge, or no charge, for certain Goods or installation/connection services and the relevant Service ends before the end of the Minimum Period, the full price for the Goods and installation/connection services, excluding any discounts;
Third Party Operator the operator of any Network or provider of any electronic communications services over or through which Cambrian may provide a Service;
Third Party Software third party software licensed under and subject to the terms of any end user license agreement (including shrink-wrap or click-through software licenses) or open source license provided with it, as detailed in an Order or Schedule, which may include software which is (i) embedded in an item of equipment supplied by Cambrian, or (ii) provided by Cambrian and downloaded to any item of Customer equipment; and
User any person the Customer allows to use the Service.
3.1 Cambrian Connect Limited is a limited company registered in England and Wales with Company No. 12430665 whose registered office is 168 City Road, Cardiff, Wales, CF24 3JE.
3.2 The Customer can contact Cambrian by telephoning the Cambrian customer service team on 01633 357260 or by writing to email@example.com or Customer Services, Cambrian Connect Ltd, GCell Building, Imperial Way, Newport NP0 8AS.
3.3 If Cambrian has to contact the Customer, it shall do so by telephone or by writing to the email address or postal address provided by the Customer and set out in the Order.
4.1 The Customer has the right to cancel this Contract within 14 days without giving any reason.
4.2 The cancellation period will expire 14 days after the latest of:
4.2.1 the day after the day the Goods are delivered to the Customer;
4.2.2 the date the Services commence; or
4.2.3 the date Cambrian accepts the Customer's Order.
4.3 To exercise the right to cancel, the Customer must inform Cambrian of their decision to cancel the Contract by a clear statement (e.g. a letter sent by post or email). The Customer can use the model cancellation form set out at the end of these Conditions, but it is not obligatory.
4.4 To meet the cancellation deadline, it is sufficient for the Customer to send their communication concerning the exercise of their right to cancel before the cancellation period has expired.
4.5 If the Customer cancels the Contract, Cambrian will reimburse the Customer for all payments received from the Customer, including the costs of delivery (except for the supplementary costs arising if the Customer has chosen a type of delivery other than the least expensive type of standard delivery offered by Cambrian).
4.6 Cambrian may make a deduction from the reimbursement:
4.6.1 for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by the Customer; and
4.6.2 an amount for the supply of the Services for the period for which it was supplied, ending with the time the Customer advised Cambrian to cancel the Contract. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
4.7 Cambrian will make the reimbursement without undue delay, and not later than:
4.7.1 14 days after the day Cambrian receives back from the Customer any Goods supplied; or
4.7.2 (if earlier) 14 days after the day the Customer provides evidence that they have returned the Goods; or
4.7.3 if there were no Goods supplied, 14 days after the day on which Cambrian is
informed about the Customer's decision to cancel the Contract.
4.8 Cambrian will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the reimbursement.
4.9 If the Customer has received Goods:
4.9.1 the Customer shall send back the Goods to Cambrian, without undue delay and in any event not later than 14 days from the day on which the Customer communicates their cancellation of the Contract to Cambrian; and
4.9.2 the Customer shall bear the direct cost of returning the Goods to Cambrian.
5.1 Cambrian will:
5.1.1 provide the Estimated Go-Live Date and use reasonable endeavours to meet such date. Activation on a specific date is not guaranteed and Cambrian will have no liability in respect of any failure to commence the supply of a Service by any given date;
5.1.2 provide the Service in accordance with the Schedule (if any) and with the care and skill that would reasonably be expected in the circumstances. Cambrian shall take steps to ensure the Service is reasonably fault free and reasonably uninterrupted, but it is not a condition of the Contract, nor does Cambrian warrant or guarantee, that the Service will be uninterrupted, secure or error-free;
5.1.3 comply with Applicable Law;
5.1.4 provide information relating to the Customer’s use of the Service, to authorities, regulators and law enforcement agencies, if it is legally required to; and
5.1.5 if applicable to the Service, take reasonable steps to stop anyone getting unauthorised access to any part of the Network.
5.2 Cambrian may change the Service (including the introduction or removal of features or replacement of the Service with an equivalent Service) at any time:
5.2.1 to comply with Applicable Law or other safety requirement; and/or
5.2.2 for any other reason provided the change does not materially adversely affect the nature or quality of the Service.
5.3 Cambrian is not responsible for delays outside of its control. If the delivery of the Services are delayed by an event outside of Cambrian's control, Cambrian will contact the Customer as soon as possible to let the Customer know and Cambrian will take steps to minimise the effect of the delay. Provided that Cambrian does this, Cambrian will not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact Cambrian to end the Contract and receive a refund for any Services the Customer has paid for but not received.
The Customer will:
6.1 co-operate with Cambrian in all matters relating to the Service;
6.2 follow all reasonable instructions from Cambrian or any of Cambrian’s subcontractors or suppliers from time to time in connection with the Service, including preparation activities that may be required to enable the Customer to receive the Service promptly or otherwise in accordance with the Contract;
6.3 provide Cambrian with such information and materials as Cambrian may reasonably require to supply the Service;
6.4 authorise Cambrian to act on its behalf in all dealings with third parties in connection with any matter that enables Cambrian to provide or continue to provide the Customer with the Service;
6.5 not resell the Service;
6.6 comply with, and procure that all Users comply with the terms of the Contract;
6.7 ensure that any hardware and software used by the Customer (and not provided by Cambrian as part of the Service) is properly installed, fit for purpose, properly licensed and compatible with the Service;
6.8 keep all usernames, passwords and other security information secure (and change these and comply with such other directions as Cambrian considers necessary or desirable for security purposes);
6.9 notify Cambrian as soon as possible of any unauthorised access to the Customer’s account or security details;
6.10 where applicable to the Service, and where the Customer is moving from another
service provider, obtain and supply to Cambrian a migration authorisation code;
6.11 where applicable to the Service, get and maintain all consents, licences, permissions and authorisations required for Cambrian to provide the Service to a Site, including for:
6.11.1 making alterations to buildings;
6.11.2 getting into property;
6.11.3 dealing with local authorities, landlords or owners;
6.11.4 installing Goods; and
6.11.5 using the Service over the Customer’s network or at a Site;
6.12 not use the Service:
6.12.1 for any business purpose;
6.12.2 for any purpose that may be offensive, abusive, a nuisance, illegal, or fraudulent; or
6.12.3 for the transmission of material that contains software viruses or any other disabling or damaging programs;
6.13 not do anything that causes the Network to be impaired or damaged or which may
interfere with other users’ use of the Network or of any part of the Service; and
6.14 not use the Service in a way which is inconsistent with good faith practice to Cambrian’s detriment.
7.1 Cambrian may restrict or suspend any Service:
7.1.1 for any maintenance, modification, or technical failure of the Network or Service;
7.1.2 to implement a change under clause 5.2;
7.1.3 to safeguard the security and integrity of the Network;
7.1.4 for any breach of the Customer’s obligations under this Contract, including clauses 6 and 8.
7.2 Cambrian shall keep all suspensions to a minimum and shall give the Customer prior notice of such suspensions.
7.3 If Cambrian restricts or suspends the Service pursuant to clauses 7.1.4:
7.3.1 the Customer will continue to be liable to pay the Charges for the Service until the Service ends; and
7.3.2 Cambrian may charge the Customer to start the Service again.
8.1 The Customer will pay and is responsible for the Charges, whether the Service is used by the Customer or someone else.
8.2 Cambrian will invoice, and the Customer will pay, in pounds sterling.
8.3 Cambrian will work out the Charges based on details that Cambrian records or that are recorded for Cambrian.
8.4 If Cambrian issues an invoice online, it will notify the Customer by email.
8.5 Unless the Customer is disputing an invoice under clause 8.11, the Customer will pay each invoice from Cambrian within the number of days set out in the Schedule or Order (of if no such number is so set out then within 14 days) from the date on it. The Customer will pay the full amount in cleared funds into Cambrian’s bank account.
8.6 The Customer will pay all Charges by Direct Debit, unless Cambrian agrees otherwise.
8.7 Cambrian may with the Customer’s permission credit assess the Customer from time to time to determine the credit limit on the Customer’s account. The Customer will provide Cambrian with any information it reasonably requires for this. If Cambrian is not satisfied as to the creditworthiness of the Customer it may:
8.7.1 notify the Customer that no further credit will be allowed;
8.7.2 require all Charges owing by the Customer to Cambrian to be paid immediately;
8.7.3 require the Customer to pay Charges in advance;
8.7.4 require the Customer to provide a guarantee as security for payment of future invoices; and/or
8.7.5 require the Customer to pay a deposit.
8.8 Unless stated otherwise in an Order, the Charges are inclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature and all other taxes and charges in respect of the Service.
8.9 If the Customer does not pay an invoice by the date it is due and is not disputing the invoice in accordance with clause 8.11, Cambrian may:
8.9.1 charge the Customer interest on the unpaid amount at the rate of 3% per annum above the then current Bank of England base rate accruing on a daily basis from the date payment was due until the date of actual payment, whether before or after judgment, and compounding quarterly;
8.9.2 restrict or suspend the Service as set out in clause 7; 8.9.3 cancel any outstanding Order; and
8.9.4 deduct monies up to the value of the overdue amount from any sum standing
to the credit of the Customer’s account with Cambrian (if any).
8.10 The Customer will pay any reasonable costs that Cambrian incurs when recovering any amount the Customer owes to Cambrian, including debt collection agency and legal costs.
8.11 In the event that the Customer disputes the amount of an invoice:
8.11.1 the Customer shall pay any undisputed portion of the invoice in accordance with clause 8.5;
8.11.2 the Customer shall write to Cambrian within 10 Business Days of the date of the invoice providing details of:
(a) the nature and reason for the dispute;
(b) the amount in dispute; and
(c) any evidence to support the disputed amount;
8.11.3 if Cambrian can demonstrate that the invoice is correct Cambrian shall be
entitled to make a charge in accordance with clause 8.9.1; and
8.11.4 if Cambrian determines that the disputed invoice is incorrect Cambrian shall issue a corrected invoice and/or apply the relevant credit to the Customer’s account.
9.1 Upon activation of a Broadband Service, the Customer accepts it may experience a temporary loss of its existing line.
9.2 To prevent spam from entering and affecting the operation of the Network and Broadband Service, Cambrian or a Third Party Operator may:
9.2.1 take any reasonable measures or actions necessary to block access to or delivery of any e-mail which appears to be of an unsolicited nature or part of a bulk e-mail transmission; and
9.2.2 use within its systems virus screening technology that may result in the deletion or alteration of e-mail and or e-mail attachments, but Cambrian does not provide any assurances that such technology will be effective against all virus attacks or unsolicited e-mails.
10.1 The Customer shall have no title to or interest in any telephone number or IP address provided by Cambrian, and Cambrian may modify or withdraw any telephone number or IP address at any time on providing notice to the Customer.
10.2 Cambrian cannot guarantee the correct function of any service not provided by Cambrian but which operates across a Telephone Service.
10.3 The Customer acknowledges that the Telephone Service is not immune to fraudulent or unauthorised intrusion or use (including interconnection to long distance networks, computer viruses and other malicious code).
11.1 Cambrian reserves the right to amend the specification or model of any of the Goods if required by any applicable statutory or regulatory requirements, if the manufacturer changes such specification or discontinues such model, or if stock of such model becomes otherwise unavailable, between the date of the Order and the time of despatch. Cambrian will endeavour to ensure that any such substituted Goods will be of equal or better quality.
11.2 During the order process Cambrian will let the Customer know when the Goods will be delivered to the Customer. Cambrian will deliver the Goods as soon as reasonably possible and in any event within 30 days after the day Cambrian accepts the Order.
11.3 Delivery of the Goods shall be completed on the arrival of the Goods at the relevant Site or other address agreed by Cambrian.
11.4 The Customer is under a duty to inspect the Goods on delivery.
11.5 Subject to clause 11.6, delays in the delivery of Goods shall not entitle the Customer to:
11.5.1 refuse to take delivery of the Goods; or 11.5.2 claim damages.
11.6 Cambrian is not responsible for delays outside of its control. If the delivery of the Goods or Services are delayed by an event outside of Cambrian's control, Cambrian will contact the Customer as soon as possible to let the Customer know and Cambrian will take steps to minimise the effect of the delay. Provided that Cambrian does this, Cambrian will not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact Cambrian to end the Contract and receive a refund for any Goods the Customer has paid for but not received.
11.7 Cambrian shall have no liability for any failure to deliver, or delay in delivering, the Goods to the extent that any failure is caused by the Customer’s failure to provide Cambrian with adequate delivery instructions for the Goods or the Customer’s failure to comply with any reasonable instruction related to the delivery of the Goods.
11.8 If the Customer fails to take delivery of the Goods within 3 Business Days of Cambrian notifying the Customer that the Goods are ready and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on the date quoted for delivery:
11.8.1 delivery of the Goods shall be deemed to have been completed at 9.00am on the fourth Business Day following the day on which Cambrian notified the Customer that the Goods were ready; and
11.8.2 Cambrian shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
11.9 If 5 Business Days after Cambrian notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, Cambrian may resell or otherwise dispose of part or all of the Goods.
12.1 The Goods, where new, are provided with the benefit of and subject to the manufacturer’s warranty and guarantee (Manufacturer’s Warranty). Details of the Manufacturer’s Warranty are set out on the relevant manufacturer’s website or in the user guide or license relating to the Goods (including the duration of any warranty period).
12.2 Where Goods supplied to the Customer are or become faulty during the Manufacturer’s Warranty period and for a reason covered by the Manufacturer’s Warranty (which excludes the Customer’s acts, omissions or misuse):
12.2.1 The Customer should report the fault to the Cambrian Support Team on 01633 357260 or by email to firstname.lastname@example.org;
12.2.2 The Customer must re-package the faulty Goods and ensure that such Goods and all original accessories are returned to Cambrian at the Customer’s cost and risk by such post or courier service as shall ensure proof of delivery and sufficient insurance to cover the value of the Goods to Cambrian Limited, Distribution Centre, Unit 2 Fulcrum 4, Solent Way, Whiteley, Hampshire, PO15 7FT (or as otherwise directed by Cambrian).
12.2.3 Cambrian shall inspect the returned Goods and may return them to the manufacturer.
12.2.4 Cambrian may, at its sole discretion and subject to inspection of the faulty Goods, elect to either:
(a) provide replacement Goods (subject to clause 12.3); or
(b) refund such sum as Cambrian reasonably considers to be the current market value of the faulty Goods.
12.3 The Customer acknowledges that, where it is determined (either by Cambrian acting reasonably, or by the manufacturer) that the fault is not covered by the Manufacturer’s Warranty, the Customer remains liable for any sums outstanding in respect of such Goods and:
12.3.1 where the faulty Goods can be repaired:
(a) the Customer shall return to Cambrian any replacement Goods supplied pursuant to clause 12.2.4 (at the Customer's cost and risk) or pay Cambrian the full cost of such replacement Goods; and
(b) at the Customer’s option, Cambrian shall either (i) repair the faulty Goods and the Customer shall pay the cost of repair or (ii) return the faulty Goods to the Customer at the Customer’s cost and risk;
12.3.2 where the faulty Goods cannot be repaired, the Customer shall pay Cambrian the full cost of any replacement Goods supplied pursuant to clause 12.2.4(a).
12.4 The Customer acknowledges and accepts that it is solely responsible for ensuring the backup of any important or confidential data stored on the Goods prior to their return to Cambrian and the Customer agrees that Cambrian will not be liable if any such data is lost or corrupted during any process set out in clauses 12.2 and 12.3.
12.5 Notwithstanding the foregoing provisions of this clause 12, no liability will be accepted under any Goods warranty or guarantee where any Customer invoice is overdue.
13.1 The Goods will be the Customer's responsibility from the time Cambrian delivers the Goods to the Site or such other delivery address agreed in accordance with clause 11.3.
13.2 The Customer will not own the Goods until Cambrian receives full payment for the Goods.
13.3 In respect of Goods which Cambrian has discounted (in whole or in part), the Customer shall not own the Goods until Cambrian has received payment in full of all sums due from the Customer for the Minimum Term.
13.4 Until the Customer owns the Goods the Customer shall:
13.4.1 maintain the Goods in satisfactory condition and in accordance with the
relevant manufacturer’s warranty, guarantee and user guide;
13.4.2 keep them insured against all risks for their full replacement value from the date of delivery; and
13.4.3 give Cambrian such information relating to the Goods as Cambrian may require from time to time.
Except for any legal responsibility that Cambrian cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of the Customer’s personal information, Cambrian is not legally responsible for:
14.1 Losses that were not foreseeable to the Customer and Cambrian when the Contract was formed;
14.2 losses that were not caused by any breach by Cambrian of the Contract;
14.3 business losses; and 14.4 losses to non-consumers.
The Contract shall commence on the Effective Date and shall continue unless it is cancelled in accordance with clause 4 until:
15.1 Cambrian is no longer providing any Services to the Customer and there are no outstanding Orders; or
15.2 terminated pursuant to clause 16 or clause 17.
16.1 The Customer can cancel an Order by giving Cambrian notice in writing, provided that such notice is received (or deemed received) by Cambrian before the Go-Live Date.
16.2 The Customer may end the Contract if:
16.2.1 Cambrian has advised the Customer about an upcoming change to the Goods
or these Conditions which the Customer does not agree with;
16.2.2 Cambrian has advised the Customer about an error in the price or description of the Goods and/or Services the Customer has ordered and the Customer does not wish to proceed;
16.2.3 there is a risk that the supply of the Goods may be significantly delayed because of events outside Cambrian's control; or
16.2.4 the Customer has a legal right to end the Contract because of something Cambrian has done wrong.
16.3 The Customer may end the Contract at any time by giving:
16.3.1 at least 90 days’ notice in writing in respect of any Service based on ethernet, DIA, EFM or EFTTC; and
16.3.2 at least 30 days’ notice in writing for any other Service.
17.1 Cambrian may terminate the Contract in whole or part with immediate effect by giving written notice to the Customer where Cambrian has suspended the Service under clause 7.1.4.
17.2 Cambrian may end the contract at any time by writing to the Customer if:
17.2.1 the Customer does not make any payment to Cambrian when it is due and the Customer does not make payment within 10 days of Cambrian reminding the Customer that payment is due;
17.2.2 the Customer does not, within a reasonable time, provide Cambrian with information that is necessary for Cambrian to provide the Goods and/or Services; or
General T&C Page 4 of 5 (v1.1) from 01.06.2021
17.2.3 the Customer does not, within a reasonable time, allow Cambrian to deliver the Goods to the Customer.
18.1 Where more than one Service is provided under the Contract and the Contract is not terminated in whole, the Contract shall only terminate in respect of the terminated Service and shall continue in respect of any continuing Service.
18.2 If the Customer terminates the Contract, the Service or any Order using its rights set out in clause 16.3, the Customer will pay Cambrian:
18.2.1 the Termination Charges (unless the Customer terminates pursuant to clause 19.3, in which case no Termination Charges will be payable); and
18.2.2 all Charges for Services that are or would have been performed during the notice period set out in clause 16.3.
18.3 If Cambrian terminates the Contract, the Service or any Order using its rights set out in clause 17, the Customer will pay Cambrian the Termination Charges.
18.4 If the Contract, any Service or any Order is cancelled, terminated or expires, for any reason:
18.4.1 the Customer will immediately pay Cambrian any money and interest that is due up to the date of termination;
18.4.2 where any Goods are to be returned to Cambrian, the Customer shall upon request promptly (and in any case within 14 days of Cambrian’s written request) pay to Cambrian a handling fee in respect of each unit of Goods;
18.4.3 the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
18.4.4 the following clauses shall continue in force: clause 2 (Interpretation), clause 14 (Limit on Cambrian’s responsibility to the Customer), clause 18 (Consequences of termination), clause 21 (Intellectual property), clause 22 (Data protection), clause 23.4 (Waiver), and clause 23.7 (Governing law and jurisdiction).
19.1 The provisions in this clause 19 are without prejudice to the respective rights of the parties as set out elsewhere in the Contract.
19.2 Cambrian may amend the Contract (including the Charges) at any time by either:
19.2.1 publishing the amendment online at and/or https://cambrianconnect.co.uk (or any other online address that Cambrian advises the Customer of); and/or
19.2.2 by giving notice in writing to the Customer by post and/or e-mail,
for amendments that cause the Customer material detriment, at least 30 days before the change is to take effect and, in the case of any other amendments, at least one day before the change is to take effect.
19.3 In respect of a Broadband Service or Telephone Service only, if Cambrian makes any amendment to the Contract that causes the Customer material detriment, if the Customer chooses to terminate under clause 16 within:
19.3.1 60 days of the date of notification if Cambrian has only published the amendment online under clause 19.2.1; or
19.3.2 30 days of the date of the notice if Cambrian has given the Customer notice under clause 19.2.2,
the Customer will not have to pay any Termination Charges, save that Cambrian may charge the Customer the full price for Goods and installation/connection services which were provided at a reduced charge or no charge.
19.4 Cambrian may amend the Charges in April of each year, by introducing an increase to all or any Charges by an amount up to or equal to the UK Retail Price Index (RPI) “All Items” rate published by the Office for National Statistics (or by any other body to which the functions of that office may be transferred) in January of that year plus up to or equal to an additional 3%. If the RPI rate is a decrease, Charges will not be reduced and if that index is not published for the given month, Cambrian may use a substituted index or index figures published by that office for that month. For the avoidance of doubt, an increase to the Charges under this clause 19.4 shall not be an amendment to the Contract that causes the Customer material detriment so the provisions of clause 19.3 shall not apply.
19.5 No other variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
If the Customer wishes to make a complaint about the Service, the Customer must
follow the Cambrian Complaints Procedure at https://cambrianconnect.co.uk or any other online address that Cambrian advises the Customer of).
21.1 Intellectual Property Rights in or arising out of the Service will be owned by Cambrian save to the extent that any of them contain Intellectual Property Rights owned by third parties.
21.2 If Cambrian provides Software so the Customer can use the Service, Cambrian gives the Customer a non-transferable, non-exclusive licence to use the Software only for the purposes and in the manner set out in the Contract, and for the period during
which Cambrian provides the relevant Service. The Customer will comply with any third party terms that apply to the use of the Software.
21.3 The Customer will not and will ensure that its Users do not, copy, decompile, modify
or reverse engineer any Software, or allow any third party to do so, except with Cambrian’s prior written consent.
21.4 If the Customer’s use of the Service infringes, or allegedly infringes, a third party’s Intellectual Property Rights, Cambrian will indemnify the Customer for Claims, losses, costs or liabilities brought against it provided the Customer:
21.4.1 notifies Cambrian promptly about the Claim;
21.4.2 allows Cambrian to conduct all negotiations and proceedings and to settle the Claim;
21.4.3 provides Cambrian with its reasonable assistance regarding the Claim; and
21.4.4 does not attempt to settle the Claim or make any admission or public statement relating to it, or do anything that may harm Cambrian’s defence of it.
21.5 The indemnity in clause 21.4 will not apply to any part of a Claim that results from or is connected with:
21.5.1 the Customer’s use of the Service with equipment, software or another service not supplied by Cambrian;
21.5.2 any modification of the Service, other than by or on behalf of Cambrian;
21.5.3 any content, designs or specifications that have not been supplied by or on behalf of Cambrian; or
21.5.4 the Customer using the Service in a way not agreed in writing by Cambrian.
21.6 If using the Service leads, or is likely (in Cambrian’s reasonable opinion) to lead, to a Claim against the Customer as described in clause 21.4, Cambrian may (at its own expense):
21.6.1 procure the right to continue the Customer’s use of the Service; or
21.6.2 modify or replace the relevant parts of the Service so that using the Service no longer infringes third party Intellectual Property Rights, provided performance of the relevant parts of the Service is not materially affected.
23.1 Assignment and other dealings
23.2 Cambrian may at any time assign its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
23.3 The Customer shall not, without the prior written consent of Cambrian, assign any of its rights or obligations under the Contract
Even if Cambrian delays in enforcing the Contract, Cambrian can still enforce it later. If Cambrian does not insist immediately that the Customer does anything that is required under these terms, or if Cambrian delays in taking steps against the Customer in respect of the Customer breaking the Contract, that will not mean that the Customer does not have to do those things and it will not prevent Cambrian taking steps against the Customer at a later date. For example, if the Customer misses a payment and Cambrian does not chase the Customer but Cambrian continues to provide the Goods and/or Services, Cambrian can still require the Customer to make the payment at a later date.
If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions 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.
23.6 Third party rights
No one other than a party to the Contract shall have any right to enforce any of its terms.
23.7 Governing law and jurisdiction
The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
1.1 This document is:
1.1.1 An agreement that the customer is making a contractual commitment by placing an order with us to deliver the agreed service to the property addresses within the order form.
1.1.2 A commitment that we intend to supply the Customer their required service, dependent subject to survey and network reach, for any of the properties within the order form.
188.8.131.52 If service cannot be delivered, the reason(s) shall be communicated to the Customer along with any associated costs to deliver the aforementioned service. We reserve the right to terminate this Agreement prior to the service going ‘live’.
1.2 This Agreement will commence on the Commencement Date and will continue for the term of period as per the order form and thereafter will continue, unless and until terminated by you or us in accordance with paragraph 9 below.
2.1 To register for the Broadband Services, you must be at least 18 years of age.
2.2 You warrant that all information provided to us, including the information in the order form or online registration form (where applicable), is absolutely true, complete and accurate. If any facts or information provided to us become inaccurate then you will tell us immediately of the changes.
2.3 You confirm that there are no material facts or circumstances, which have not been disclosed to us that would affect a decision to provide the Broadband Services to you.
2.4 By signing this Agreement or Order Form, you are confirming that you are an authorised person. We shall invoice the full contract term costs (Fees) to the Customer if the above is not the case and you wish to cancel your service, or shall continue to deliver service with written or electronically communicated agreement from an authorised person.
3.1 We will provide the Broadband Services subject to these Terms and Conditions, which may change from time to time. It is the subscriber’s responsibility to access the latest Terms and Conditions from www.cambrianconnect.co.uk
3.2 We can only provide Broadband Services in areas of the United Kingdom in which we are technically able. We will endeavour to provide the Broadband Services to you at the access rate you choose, however the speed may be affected at times due to network congestion and other reasons
3.3 Whilst we will use our reasonable endeavours to begin providing the Broadband Services on any date agreed with you, we will not be liable for any failure to meet such a date.
3.4 We will provide the Broadband Services to one main point selected by you and will not guarantee that the Broadband Services will work over any extension, cables or network devices that you may have installed.
3.5 To avoid unnecessary costs, you should not arrange for any third party IT Support professionals to attend on the installation date as we cannot guarantee the time of completion of the works. Your existing broadband services will not be affected by the work we undertake. Furthermore, we will not be held responsible for any costs incurred by your IT professionals.
3.6 You may lease a static IP address from us for an additional charge if they are available and another solution or means is not able to be provided by us. IPV4 is in limited supply and we therefore ask businesses to complete a request form so we can establish the need.
3.7 You confirm that we, and any authorised operator supporting the Broadband Services has your permission, on reasonable notice to: (a) carry out any works on your premises for, or in connection with the installation, maintenance, adjustment, repair or alteration of the Broadband Services; (b) enter the premises to inspect, modify, upgrade or replace any equipment that you may have connected to the Broadband Services.
3.8 Where on reasonable notice we tell you that we wish, or any authorised operator supporting the Broadband Services wishes, to carry out any work set out in paragraph 3.7 (a) you agree to: (a) obtain all necessary consents, including consents for alterations to buildings, if applicable; (b) provide any electricity and connection points required by us or by any authorised operator supporting the Broadband Services; and (c) provide a suitable, safe and appropriate working environment in accordance with our reasonable requirements or those of any authorised operator supporting the Broadband Services.
3.9 Where, at our request, any third party equipment is installed at your premises to enable you to receive the Broadband Services, you will not, and you will ensure that no one else shall, add to, modify or in any way interfere with such equipment without our prior consent. Furthermore, you will use such equipment in accordance with any instructions, safety and security procedures applicable to the use of that equipment. You acknowledge that all such third party equipment remains owned by the relevant third party and you will be responsible for such equipment while installed at your premises. You acknowledge that you will be liable to the owner of such equipment for any damage to it while installed/delivered to your premises (fair wear and tear excepted and excludes network infrastructure equipment).
3.10 We may suspend the Broadband Services temporarily without notice in an emergency or in order to improve, maintain or repair the Broadband Services or our network or for other operational reasons. We will try, but cannot guarantee, to keep you informed and to keep interruptions to a minimum.
3.11 We cannot guarantee that the Broadband Services will be uninterrupted or error free. If a fault occurs, you should report it by phone, email or in writing to our Technical Support Services using the contact details, set out on the Cambrian Connect Ltd website (www.cambrianconnect.co.uk), and we will try to rectify the fault.
3.12 You may purchase an additional access point or networking device during the order or registration process or use your own equipment. We will provide technical support on all devices purchased from us but, other than any manufacturer warranties that may be provided, we will not be responsible for any faults in its design, manufacture or performance and we will not be liable for any loss or damage incurred by you as a result of any such fault. If you choose your own device we will refer you back to your supplier for technical support.
3.13 You acknowledge that we will not be responsible for any sites, content, goods or services offered or made available on the Internet provided by Cambrian Connect Ltd or any other third parties nor for any computer viruses, cookies or anything similar transmitted to you via the Broadband Services by such third party sites or otherwise through our provision of the Broadband Services.
3.14 We will not be responsible for the content of social media, apps, websites, newsgroup or chat areas, whether moderated by us or not. By entering these areas, you accept this and agree to waive any claims against us for any distress, injury, loss, liability, damage and expense arising from or in connection with your use of these areas and their contents. You will indemnify us against any claims arising from your use of the areas or any content of the areas, which you post, or create.
4.1 The Broadband Services and any software provided as part of the Broadband Services are provided solely for your own use and you may not resell, transfer, assign or sub-license them or any part of them to any other person.
4.2 You must ensure that any devices or personal computers used by you to access the Broadband Services do not have an adverse effect on our systems, those of our suppliers or on network traffic generally, such as SPAM, Viruses and DoS attacks. You must use the Broadband Services in a manner consistent with all applicable laws and regulations which may apply to your use of the Broadband Services.
4.3 You must ensure that any computers, devices, systems or networks that utilise the Broadband Services are configured in such a way that does not give a third party the capability to use the Broadband Services in an illegal or inappropriate manner. You should run a firewall and up to date anti-virus software, and ensure that your operating system is kept fully up to date with the latest security patches.
4.4 You must not use the Broadband Services in any way that would, in our reasonable opinion, materially affect the use of or access to the Internet of any other person. This includes, but is not limited to, “denial of service” (DoS) and “distributed denial of service” (DDoS) attacks against another network or individual user. DoS attacks will result in immediate termination of the Broadband Service.
4.5 Any attempt, whether successful or not, to gain access to or retrieve data from any computer system without authorisation from its maintainer or owner will lead to immediate termination of the Broadband Service and possibly to prosecution. This applies to port scanning, vulnerability probes and intentional distribution of “Trojan horse” programs, viruses and worms, as well as making use of systems compromised by third parties.
4.6 Use of the Broadband Service to transmit any unsolicited commercial or unsolicited bulk email is expressly and strictly prohibited. We have a zero tolerance policy for spam. Spamming will result in immediate termination of the Broadband Service.
4.7 Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/ or computer systems is prohibited. This will result in immediate termination of the Broadband Service.
4.8 Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information may result in termination of the Broadband Service.
4.9 You must not use the Broadband Services: 1. In any way that does not comply with any licenses applicable to you or is unlawful or fraudulent or has any unlawful purpose or effect or; 2. In connection with the carrying out of a fraud or criminal offence; 3. To disseminate or otherwise distribute, knowingly receive, upload, download, use or reuse, any information or material which is inappropriate, profane, abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, privacy or any other rights; 4. In any way that infringes any third party’s intellectual property rights; 5. In a way that does not comply with our specific instructions.
4.10 We may require you to change your email address and/or website address (if supplied to you) and we may suspend the services if we reasonably believe that any URL or email address you are using is likely to be offensive, abusive, defamatory or obscene or in breach of paragraph 4.9 and you will be responsible for any losses, expenses or other costs incurred by us that are caused by your breach of paragraphs.
5.1 You will pay us the applicable charges for the Broadband Services to which you subscribed, as set out on the Order Form, Purchase Order or as otherwise notified by us to you (the Fees). We reserve the right to change the Fees at any time on giving you not less than 28 days’ notice. The changed fees will apply on expiry of this 28-day period unless you tell us in the meantime that you want to terminate this Agreement.
5.2 We will bill you each month in advance for the Fees applicable. All customers are asked to pay by Direct Debit. For customers choosing to pay by invoice, we reserve the right to charge a monthly £5.00 administration fee. If any instruction for such payment is not confirmed by no later than 7 days prior to the start of the relevant calendar month, we may suspend the provision of the Broadband Services to you immediately without notice. For customers paying by Direct Debit, we will seek payment from your bank or building society via a direct debit mandate on or after the day on which the Fees are payable/due. If any instruction for such payment is not confirmed by your bank/building society by the day on which the Fees are payable/due, we may suspend the provision of the Services to you immediately without notice. We may seek to represent unpaid Direct Debits.
5.3 If we suffer a charge-back (being a debit from our bank account or repayment by us as a result of a transaction dispute procedure initiated by you) of any Fees (or part of them) paid by you to us, you will immediately repay us for the charged back sum and we may: (a) immediately without notice suspend the provision of the Broadband Services to you; and/or (b) charge interest on the charged back sum at a rate of 4% above the base rate of Starling Bank until the sum is repaid to us.
5.4 You may be required to pay a re-connection charge at our rates in force at that time if you wish to be reconnected following a suspension of the Broadband Services resulting from paragraphs 5.2 and/or 5.3.
5.5 If it is necessary to install the Broadband Service on a different property or site at any time, for example as a result of you moving premises, you will be required to pay a moving fee. A quotation is available on request and may be subject to a minimum fee. See also paragraph 9.9 below.
5.6 Our Broadband Packages come with unlimited data usage, but they are subject to a Network Management and Fair Use Policy. We work to provide our customers with a sustainable quality broadband service. Certain applications, such as peer-to-peer file sharing, large file downloads and news groups, which use up lots of bandwidth and can have a negative impact on other customers, may operate slower at peak times. Our network’s busiest times are between 4 and 11pm on weekdays and all day at weekends, but it can be busy at others times as well – depending on the demands on the network. We monitor customers who use the most bandwidth and whose usage has a negative effect on others. Customers who download large amounts at peak times regularly may have restrictions placed on their accounts to reduce their download speeds at peak times. Only a few customers will be affected by this: fewer than 5%. We remove these restrictions when the network is not busy.
6.1 In order to enable you to use the Broadband Services, we may provide you with security details, i.e. a username and password. You will be responsible for maintaining the confidentiality and security of the security details. Where the security details include a password that may be changed by you, you will change the password at frequent and regular intervals.
6.2 You will immediately notify us if any of the security details: (a) have been disclosed to an unauthorised person or are, or may be used in an unauthorised way (or if you suspect, or have reason to suspect that this may occur or have occurred); and/or (b) have been lost or stolen.
6.3 We may suspend your security details if at any time we think that there is, or is likely to be, a breach of security and require you change any password.
6.4 You will be responsible for all actions undertaken by anyone else using the security details unless you have given notice to us at the first possible opportunity upon becoming aware of the events listed in paragraphs 6.2(a) or 6.2(b) above as the case may be. We may suspend the Broadband Services and you will fully indemnify us from all losses resulting from such actions.
6.5 You accept that the Broadband Services are secure in the way of a Hardware firewall but we do not guarantee the prevention or detection of any unauthorised attempts to access the Broadband Services.
6.6 You agree to keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under or in connection with this Agreement and will only use such information in order to receive the Broadband Services.
7.1 We will comply with our obligations under the Data Protection Act 1998 and any other applicable data protection legislation.
7.2 By registering for the Broadband Services you consent to our using and/or disclosing your personal information for certain administrative and credit-checking purposes. This may involve disclosing your personal information to third parties, but only to the extent necessary: (a) provide you with the Broadband Services; (b) let you know about any changes to the Broadband Services; (c) manage our network; (d) prevent and detect criminal activity, fraud and misuse of or damage to our network; (e) for other administrative purposes.
7.3 We may collect information about you or your use of the Broadband Services: (a) when you agree to subscribe to a service/product we provide and give us information including contact details, date of birth, etc; (b) when you communicate with us/our Customer Services; (c) when you take part in surveys or provide us with feedback.
7.4 From time to time we will compile aggregate statistics about the Broadband Services and may share them with reputable third parties. These statistics will not contain information that would enable any third party to identify you personally.
7.5 We will disclose personal information to comply with all applicable laws and lawful requests by the appropriate authorities.
7.6 We will protect your personal data by all appropriate security measures including the use of secure servers and encryption.
8.1 We will not be liable either in contract, tort (including negligence) or otherwise for any damages for any direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss nor for any damage or destruction of data however arising from the use of or inability to use the Broadband Services or from any action or omission taken as a result of using the Broadband Services. Notwithstanding any other provision of these Terms and Conditions we do not exclude or limit any liability in respect of death or personal injury resulting from our negligence.
8.2 Our aggregate liability to you in contract, tort (including negligence) or otherwise and arising out of, or in connection with, this Agreement and/or the provision of the Broadband Services for each 12-month period (the first period starting on the date the Broadband Services is first provided to you) shall be limited to the amount of the Fees paid by you to us in respect of that 12-month period.
8.3 The information on the Cambrian Connect website www.cambianconnect.co.uk is updated from time to time. However, we exclude any warranties, conditions or terms (whether express, implied, statutory or otherwise), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Broadband Services or any of the contents of the Cambrian Connects website.
8.4 You agree to indemnify us against all costs, claims, losses and expenses (including indirect and consequential losses) howsoever arising, from any claim brought against us by any third party relating to any breach by you of your obligations under these Terms and Conditions.
9.1 This Agreement may be terminated at any time up to the Commencement Date, however, if we have supplied you with any equipment you must return it to us and (if applicable) we will refund you for any payment received from you for such equipment. Any equipment returned for a refund must be received in pristine and resalable condition, including all packaging, manuals, software and cables, as appropriate.
9.2 We may terminate this Agreement at any time on notice if: (a) we are directed by any competent authority to cease the provision of the Broadband Services or any part of them; (b) you are in breach of any of these Terms and Conditions.
9.3 Unless otherwise specified in the order form or similar communication, either you or we may terminate this Agreement on giving not less than 1 months’ notice to the other; such notice not to expire before the end of the Contract Period.
9.4 You may terminate this Agreement after the Commencement Date if you agree to pay us all the costs that we have incurred in setting up your Broadband Service, this will include the installation fee unless otherwise paid outright. You must also pay our full retail price for any free or subsidised hardware that you ordered from us.
9.5 Upon termination you agree to cease using the Broadband Services immediately and to pay any monies owing (we will bill unbilled amounts promptly after termination). On termination your right to use the Services ceases immediately.
9.6 A cancellation fee of £35 including VAT is applicable to all residential customers only.
9.7 We do not automatically remove the premise equipment on termination of service. You may request in writing that we remove the equipment and we will provide a quotation of our fees. This work is subject to a minimum charge of £75 plus vat.
9.8 Termination within the agreed contract period will incur a termination fee at 75% of the monthly remaining subscription fees that remain in the contract, with payment due on the termination of service date.
9.9 Moving to another premises or relocation, if we can service the new location there will be a minimum fee of £150 to relocate or install new equipment at the new location, cost subject to site survey and quote by us. If the new location is not within our service area then 9.8 will apply.
10.1 All intellectual property rights in or relating to the Broadband Services are the property of, or have been licensed to, us. You are only permitted to use these intellectual property rights as provided in these Terms and Conditions and in order to receive the Broadband Services. You will not use or allow anyone else to use any of our name, logo, trademark or other intellectual property rights or that of any of the licensed operator involved in providing the Broadband Services without our prior written consent.
10.2 We may change the Terms and Conditions at any time by notice on the Cambrian Connect Ltd website, email or captive portal message prior to the change becoming effective. You will be deemed to have accepted any such changes by your continued use of the Broadband Services and will commence from the next monthly payment. Changes to fees are covered by paragraph 5.1.
10.3 Notwithstanding any other rights that we may have in these Terms and Conditions, we reserve the right at any time (notwithstanding prior acceptance) to suspend, cancel, refuse to supply or terminate the provision of the Broadband Services wholly or partly without notice, and we shall not be liable for any loss suffered as a result of such suspension, cancellation, refusal or termination. If at the time we exercise our rights under this paragraph 10.3, you have paid us any Fees in advance, we will reimburse you pro rata for the proportion of these Fees that relate to the period after this date.
10.4 This Agreement constitutes the entire agreement between you and us in relation to the provision of the Broadband Services and supersedes any representations, communications and prior agreements (whether oral or written) related to its subject matter other than fraudulent misrepresentation.
10.5 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement, by anyone we see fit to carry out the proposed work without giving you any notice beforehand. You may not assign, subcontract, sell or transfer your rights or obligations under this Agreement.
10.6 Any notice or communication required to be sent pursuant to these Terms and Conditions should be sent to us at our registered office Cambrian Connect Ltd, 168 City Road, Cardiff, CF24 3JE or to you at the address indicated in the registration form or order form.
10.7 No waiver by us of any breach of these Terms and Conditions will be considered as a waiver of any subsequent breach of the same or any other provision.
10.8 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions, and the remainder of the provision in question will not be affected.
10.9 Except as expressly stated in these Terms and Conditions, no person who is not a party to the Contract will derive any benefit from it, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.10 This Agreement will be governed and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the England and Wales Courts.
“Us, Our, We” means Cambrian Connect Ltd, registered office 168 City Road, Cardiff, CF24 3JE
“You, Your” means the person, company or organisation whose details are included on any registration form, Order Form or similar.
“Commencement Date” means the date on which the Broadband Services are first provided to you or the date on which you request a change to an alternative Broadband Service provided by us.
“Contract Period” means the period during which we agree to provide services to you.
“Security Details” means any and all user names, passwords, keys, electronic signatures and any other devices or information in whatever form and on whatever media supplied to allow you to access the Services.
“Fee, Fees” means any amount payable by you to us for any services or equipment that we may provide to you
“Cambrian Connects website” means the Internet site which can be found at www.cambrianconnect.co.uk,
“Authorised Operator” means a trained employee, or authorised worker of Cambrian Connect Ltd.
Please read these Ts & Cs carefully as they contain important information about the service, its use and limitations; about the agreement between you as a customer and Cambrian Connect Ltd; how to manage your account; changing or terminating your contract, subscription and Minimum Contract Period; and your Consumer Rights. In particular, your attention is drawn to Section 13 - Unacceptable Use .
In summary, we will only provide service to those who pay their bills on time and who don't do anything illegal or offensive or which is an abuse of the system (such as overuse, disruptive software, malware etc) or which degrades the service for other users.
We will use our best efforts to provide the service but, since the internet is a shared resource, no performance guarantees can be given.
IMPORTANT: Strict restrictions on use of SIM card provided
It should be noted that it is a strict condition of service that the SIM card provided by Cambrian Connect to Subscriber as part of provisioning Subscriber's 4G broadband service MUST ONLY AND EXCLUSIVELY BE USED in the 4G equipment as also supplied by Cambrian Connect to Subscriber. If for any reason or at any stage, Subscriber removes the SIM card supplied by Cambrian Connect and fits it into any other 4G-enabled device (e.g. a laptop computer, tablet, mobile phone, alternative 4G modem or similar), then Subscriber specifically and unconditionally accepts and acknowledges that he/she may become liable for potentially substantial data overage charges or other charges as may relate to premium services, if these are utilised by Subscriber.
It should also be noted that it is a strict condition of service that the SIM card provided by Cambrian Connect to Subscriber as part of provisioning Subscriber's Cambrian Connect service MUST ONLY AND EXCLUSIVELY BE USED within the confines of the United Kingdom. If for any reason or at any stage, Subscriber accesses the 4G broadband connection provided by Cambrian Connect in any other country or territory, then Subscriber specifically and unconditionally accepts and acknowledges that he/she may become liable for potentially substantial and additional data roaming charges.
It should similarly be noted that it is a further strict condition of service that Subscriber undertakes NOT TO ALTER, AMEND OR DISABLE any of the parameters relating to remote monitoring that Cambrian Connect may have set within any of the equipment as supplied by Cambrian Connect to Subscriber. If for any reason or at any stage, Subscriber has altered, amended or disabled any of these parameters within any of the equipment as supplied by Cambrian Connect, then Subscriber again specifically and unconditionally accepts and acknowledges that he/she may become liable for potentially substantial data overage charges.
Please note that powering off or performing a factory reset on the equipment as supplied by Cambrian Connect will not cause any of the remote monitoring parameters to be altered, amended or disabled.
In direct relation to the preceding paragraphs, data overage charges may be applied to any consumption of data by Subscriber above and beyond the monthly data allowance inherent within the 4G broadband package to which Subscriber has subscribed. If data overage occurs, but Subscriber has not at any stage during the month altered, amended or disabled any of the parameters relating to remote monitoring within the equipment as supplied by Cambrian Connect to Subscriber, then data overage charges will not be applicable.
It is important to note that when applicable, charges for data overage are substantially higher - by a factor of twenty or more - than the "per GB" rate reflected in the monthly pricing of 4G broadband packages as offered by Cambrian Connect. As of July 2020, if applicable, data overages are chargeable to Subscriber at £8.00 inc VAT per GB or part thereof.
In all cases, Cambrian Connect will invoice Subscriber for and Subscriber shall pay for any agreed one-off up-front charges relating to the provisioning of the ordered 4G broadband service, including (where relevant) but not limited to:-
- External 4G antenna
- Internal combo 4G Modem/Wi-fi Router
- Internal and/or external WI-FI access points
- Installation and set-up of such
- Unique SIM card and account activation
- Appropriate delivery charge
- Any additional equipment ordered by Subscriber
However, it should be noted that Cambrian Connect supplies 4G broadband services according to two different transactional methodologies, dependent upon which 4G network any Subscriber is provisioned upon.
In some cases, Cambrian Connect itself bills the Subscriber directly for the ongoing Service on a monthly basis and therefore has a greater level of responsibility to the Subscriber in relation to the Service.
In other cases, Cambrian Connect will simply arrange for the Subscriber to sign up directly into a contractual relationship with the providing 4G Network Operator, who will then itself bill the Subscriber directly for the ongoing Service on a monthly basis. In this event, the 4G Network Operator will hold all responsibilities to the Subscriber in relation to the Service.
Therefore, different sections of the below Terms & Conditions will apply dependant upon the case, as detailed below.
A. In the event where Cambrian Connect itself bills Subscriber directly on a monthly basis for the ongoing provision of the Service(that being a direct transactional relationship between Cambrian Connect and Subscriber), the following sections of the Terms & Conditions shall apply:- Sections 1 - 24
B. In the event where Cambrian Connect does not itself bill Subscriber directly on a monthly basis for the ongoing provision of the Service (that instead being a direct transactional relationship between the 4G Network Operator and Subscriber enabled by Cambrian Connect), the following sections of the Terms & Conditions shall apply:- Sections 1-4, 5.1-5.2, 5.5-5.13, 6-7, 10-11, 14-16, 21-24
This version 1st July 2020 and onward until superseded
2. Service Accounts
3. Managing Your Account
4. Username(s) and Password(s)
5. Charges and Billing
6. Title to Equipment and Other Goods, Liability of Risks
7. Warranty, Support & Service Calls
8. Service Provision
9. Service Parameters, Packages and Performance
11. Code of Practice for Complaints Handling and Dispute Resolution
12. Internet Service
13. Unacceptable Use
15. Breach of Contract
16. Consumer Contract Regulations
17. Duration of Contract, Minimum Contract Period and Account Upgrade
18. Minimum Notice Period (MiNP)
19. Early Termination Charge and Downgrade Charge
20. Termination of Contract
22. Giving Notice
23. Entire Contract
24. Law and Jurisdiction
1.1. In this Contract unless the context otherwise requires:
"Cambrian Connect" (Co number 12430655), registered office 168 City Road, Cardiff, CF24 3JE
"4G Network Operator" means an organisation or company operating and/or owning a 4G network and providing broadband services over such, such as Three, O2, Vodafone or EE.
"Account", "Your Account", "Your "My Account"", mean the Subscriber, Service and Account details registered by Subscriber and provided by Cambrian Connect in order to provide the Service to the Subscriber.
“Activation Charge” is the Charge payable to create a new Account. “Re-activation Charge” is the Charge payable to re-activate an Account which exists but has been terminated but not yet deleted.
"Broadband Service Provider" means the company that makes available the Service.
"Broadband Software" means any software that may be provided by Cambrian Connect to enable Subscriber to access or use the Service.
"Charges" means the charges payable by the Subscriber, details of which are available up on request.
"Content" means any data, information, graphics, video, sound, music, photographs, software and any other material (in whatever form), which may be made available to Subscriber as part of the Service.
"Contract" means these terms and conditions and any documents referred to in them and the Order Form(s) including the Charges for the Service and any Promotional and Special Offer Terms and Conditions which may apply to particular orders and subscriptions at the time.
“Early Termination Charge” (ETC) is the amount payable when terminating this agreement before the Minimum Contract Period has ended.
“Equipment Set” and “Equipment” are equivalent terms describing the internal combo 4G Modem/Wi-Fi Router and in most cases the external 4G antenna - should such latter be necessary in order to receive the Service - supplied by us.
"ICCID" means the unique identifying number of the SIM card the Subscriber uses to access the Service as described by Cambrian Connect in the Registration and Payment Forms.
"Minimum Contract Period" (MCP) means the period of time you will have to agree to stay with us when placing the order at which time both the period and the level of charges payable will be identified. Minimum Term and Minimum Contract Term references in other documents should be interpreted as “Minimum Contract Period”.
“Minimum Contract Period”, “Early Termination Charge” and “Minimum Notice Period” terms are defined as per OFCOM definitions.
“Minimum Notice Period” (MiNP) is the amount of notice required by us from you when you wish to give notice.
" Order Form(s) " means the Order Form(s) and the subscription and equipment order forms submitted by Subscriber with Subscriber details.
"Service" means the 4G Broadband Service provided either by Cambrian Connect, Three, o2, Vodafone or EE, a method of accessing the Internet, or such other services as Cambrian Connect may offer; such Service may change from time to time.
"Start Date" means the date when the Subscriber agrees to be bound by these Terms and Conditions, by returning Order Form(s), the subscription and equipment order form(s) or by agreeing to purchase the Service or items by phone or email communication.
"Subscriber" means the person or legal entity with which Cambrian Connect makes this, or any part of this Contract.
“Ts & Cs”, “Ts and Cs” are equivalent terms to “Terms and Conditions”.
2.1. In order to use the Service, Subscriber is required to have opened an Account. By so doing, Subscriber is deemed to have accepted the Ts & Cs.
2.2. One Account will provide a single unique Username with the ability to use the Service via a specific single Equipment Set (including the SIM card with specified ICCID).
2.3. Each Account must have Subscriber Billing Details including a payment card associated with it.
2.4. Only one connection, Equipment Set and installation can be associated with each Username / Account.
2.5. Each Username / Account can only have one connection, Equipment Set and installation associated with it.
2.6. If multiple terminals and connections are required, a separate Account must be opened for each. It is not possible to have a single Username / Account with Multiple Equipment Sets.
3.1. Your Account is managed online, and by email. We will contact you about your account with us via email so you must always keep your email address and other details up-to-date
3.2. Your VAT Invoices are available on your "WebPro Account" page and can be printed from there.
3.3. You manage your account through the same "WebPro Accounts" page to see your account status, contact details, ICCID number of your SIM card and other information specifically relating to your account. Please make yourself familiar with it.
3.4. Please also ensure you set your spam filter to accept our emails or you may miss important notifications such as invoice reminders and risk being cut-off due to non-payment.
3.5. Where applicable, you must also keep your credit or debit card or your Direct Debit mandate details up-to date so that payments don't fail or the Service may be withdrawn due to non-payment.
3.6. The information that Subscriber provides on the Order Form(s) and on the Subscriber "WebPro Accounts" page shall be true, accurate and complete. Subscriber agrees to inform Cambrian Connect of any changes to Subscriber's Account Details immediately by updating the Subscriber's "My Account" page.
4.1. In order to use the Service, access the "WebPro Accounts" page and use the email account if supplied, Subscriber will be issued with unique user name(s) and password(s). Subscriber is responsible for the security and proper use of all user names and passwords relating to the Service and must take all necessary steps to ensure that the usernames and passwords are kept confidential, secure and used properly.
4.2. Subscriber must not change or attempt to change a user name or to circumvent or attempt to circumvent any of the safeguards of the Service. If Subscriber forgets the issued password, a new password can be obtained on request.
4.3. If Cambrian Connect has reason to believe that there is likely to be a breach of security or misuse of the Service, Cambrian Connect may without liability:
4.3.1. change Subscriber's password and notify Subscriber accordingly; and/or
4.3.2. suspend Subscriber's username or password access to the Service.
4.4. Subscriber must inform Cambrian Connect immediately if Subscriber has any reason to believe that any username or password has become known to someone not authorised to use it or if any password is being or is likely to be used in any way that would breach these Terms and Conditions.
5.1. Subscriber agrees to pay the Charges for the Equipment, Installation, Account Activation and other items related to set up as detailed on any order.
5.1.1. Specifically in relation to charges applied by Cambrian Connect to all elements of initial set-up, including but not necessarily limited to Equipment, Installation and Account Activation, it should be noted that the pricing offered by Cambrian Connect is subsidised and as such is offered to Subscriber entirely conditional to and dependent upon Subscriber signing up to a monthly 4G broadband plan as solely supplied by or through Cambrian Connect and adhering to the minimum term of the contract associated with that plan.
5.1.2. In the event that Subscriber either does not take out a monthly 4G broadband plan from Cambrian Connect or fails to adhere to the minimum term of the contract associated with that plan, then Subscriber acknowledges that he or she will immediately become fully liable to pay any difference between the subsidised pricing of Equipment, Installation and Account Activation as originally invoiced by Cambrian Connect and the full or unsubsidised pricing for such.
5.2. Subscriber further agrees to pay the Charges for the Service and other items related to the Service as detailed in any communication.
5.3. VAT Invoices will be sent by email on a monthly basis or upon request to email@example.com
5.4. Subscriber must keep a Direct Debit mandate active with their bank to allow payments to be drawn automatically by Cambrian Connect for the Service. Subscriber must keep such payment method details up-to-date and active or the Service may be withdrawn due to non-payment.
5.5. Cambrian Connect does not have any access to your card details or your Direct Debit details which are held securely by the transaction processors, “Quickbooks” and GoCardless respectively.
5.6. Activation and the first Charges are due on date of first invoice.
5.7. Subsequent Charges will be due on the monthly data reset date as appropriate, unless otherwise informed by Cambrian Connect.
5.8. Continued access to the Service will incur a charge payable on the Start Date and ongoing charges thereafter to be paid by the payment method entered on the Account by Subscriber. The frequency and value of subsequent charges will be established at the time of the latest order for the Service
5.9. Failure to pay the charges will result in access to the Service being withdrawn.
5.10. An automatic increase will be applied once a year - typically every April - to the amounts charged to Subscriber on a monthly basis. The increase applied will be a percentage equal to the retail prices index rate published by the Office for National Statistics in March (RPI rate).
5.11. Where relevant, Subscriber may purchase TopUps for which payments are immediately due and will be taken automatically from the card details entered on the Account.
5.12. If Subscriber allows the Account to lapse for any reason or terminates it, it may be possible to re-activate it if it has not been completely deleted on payment of a Re-activation Charge – currently identical to the Activation Charge in force at the time.
5.13. If the Account no longer exists on our system, then a new Account will need to be setup and for which a full Activation Charge may then be due.
5.14. Unless stated otherwise, all Charges for the Service are inclusive of Value Added Tax at the UK standard rate of 20% or such rate(s) that may be in force at time of invoice.
6.1. Cambrian Connect retains Title to the Equipment Set purchased and any other goods supplied until they have been paid for in full.
6.2. If any Equipment Set or other goods have been installed under funding from any regional or central Government subsidy scheme, then AT NO TIME shall Title to such pass to you. Furthermore, should you move from the property where the funded Equipment Set and/or other goods have been installed under funding from any Government subsidy scheme, you MUST leave all such equipment behind for potential use by and/or benefit of any future occupier of the property.
6.3. All risks associated with the Equipment whether purchased, supplied under any regional or central government subsidy scheme or otherwise supplied shall pass to you upon delivery and it will be your responsibility to insure the Equipment against loss, theft, fire, flood and any other risk of loss or damage from this point;
7.1. Warranty on any Equipment supplied shall normally be on a “Return To Base” basis. This means that you must return the piece of Equipment suspected as being faulty under Warranty to us for test and repair or replacement as required.
7.2 At its discretion and in an effort to increase the efficiency of the Warranty process, Cambrian Connect may choose to supply replacement Equipment out to you on an "Advance Replacement" basis. This means that we may provide you with a replacement piece of Equipment under the Warranty process before you have returned the piece of Equipment suspected as being faulty under Warranty to us.
7.3 In the event of 7.2 above, we will raise an invoice against you for the value of the piece of Equipment that we send out under "Advance Replacement" and despatch it along with that piece of Equipment. In order for you to avoid having to pay this invoice, it is imperative that you return the piece of Equipment suspected of being faulty under Warranty to us at your own expense. If you do not do this, you will be charged the value shown on the invoice referred to above. You should therefore ensure that you always retain any piece of Equipment suspected of being faulty under Warranty during any engineer visit arranged by us, so that you may return it to us. The responsibility for so doing is entirely yours.
7.4. Equipment must be in its original box and then securely and safely packaged in an outer carton suitable for the purpose.
7.5. Costs of return to us and suitable packaging are your responsibility. We will cover the cost of packaging and despatch to you, usually via courier.
7.6. During any Warranty period, we shall have responsibility for repair or replacement of our Equipment except that you accept full responsibility for cost of repair or replacement of our Equipment when the damage or problem has been caused by your negligence, misuse, abuse or violation of any part of this Agreement that is out of our control.
7.7. Warranty on the external installation is the responsibility of the Installer. Where installation is supplied by Cambrian Connect, warranty is as per the CAI Code of Practice: 12 months on equipment used and quality of installation. Wind damage, impact to the external 4G antenna (if fitted), damage other than fair wear and tear are all expressly excluded.
7.8. Warranty and support on accessories such as Wi-Fi Routers, VOIP Adapters etc should be sought from the manufacturer and the manufacturer helpline.
7.9. We do not offer support on equipment or accessories not supplied by us.
7.10. First line support is offered only by phone or email to firstname.lastname@example.org
7.11. Within the UK, a Service Call may be booked if on-site support is required. A service call maybe deemed necessary should there be a “total” loss of service. The cost of call out may be chargeable depending on circumstances and in particular if the service effecting issue is deemed to have been caused by preventable human error or action.
7.12. We do not offer onsite service or installation outside UK. We are happy to provide support to you or your installer by phone or email wherever you are.
8.1. Cambrian Connect agrees to provide Subscriber with the Service on the terms and conditions of this Contract and in performing Cambrian Connect's obligations under this Contract Cambrian Connect will exercise the reasonable care and skill of an Internet Service Provider.
8.2. The Service can only be provided to computer systems that are operating normally and without any infection by viruses or Trojans or other malware that may put other users at risk. Subscriber acknowledges that such use breaches the Unacceptable Use Section 13 and undertakes to keep their system updated, operating normally and kept free of such malware.
8.3. The Service may only be used at the location specified for installation at the time of the Subscriber placing his or her initial order. Cambrian Connect specifically makes no guarantee that the Service will work satisfactorily at any other location.
8.4. To use the Service the Subscriber must have initiated the Start Date defined in 1.19 and have been notified by Cambrian Connect that Subscriber has been accepted to use the Service.
8.5. Provision of the Service is dependent upon a satisfactory installation. Initiating the Start Date does not mean the Service can be successfully activated or that the Subscriber's application has been accepted.
8.6. The Service can only be provided to installations which are covered by a sufficiently strong 4G signal from the network on which the Subscriber will be provisioned. Postcode checkers to estimate 4G coverage from each of the networks used by Cambrian Connect to deliver its Service are available online.
8.7. The Service can only be provided to correctly installed and set up equipment supplied by Cambrian Connect, including an external 4G antenna if such proves necessary in the opinion of Cambrian Connect.
8.8. Subscriber must ensure that any equipment or services connected to or used with the Service is used in accordance with any instructions and safety procedures provided by the suppliers of that equipment and services.
8.9. The Service is provided to the combo 4G Modem/Wi-fi Router supplied by Cambrian Connect. Cambrian Connect does not support any third party equipment that has not been provided by Cambrian Connect to the Subscriber networks setup, configuration or operation other than the information provided in the equipment User Manual.
8.10. Subscriber agrees that in order to receive the Service, some modifications may need to be made to Subscriber's PC and its operating software to make it operate with the Service. As with any installation of new hardware or software, a full back up of the software (including operating software) on the PC should be made before any changes to that software are made. Cambrian Connect hereby excludes liability for any claims, loss, demands or damage of any kind whatsoever with respect to the Service, including, without limitation, direct, indirect, incidental, or consequential loss or damages, whether arising from loss or profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Cambrian Connect.
8.11. Cambrian Connect expressly disclaims any and all warranties express or implied, to the extent permitted by applicable law, including without limitation satisfactory quality, fitness for particular purpose with respect to the Service. Nothing in this Contract removes or limits Cambrian Connect's liability for death or personal injury or fraud caused by something Cambrian Connect has done or has failed to do.
9.1. Cambrian Connect cannot accept any responsibility for any defects, errors or faults in the Service but will endeavour to have any reported faults corrected by the relevant 4G Network Operator as soon as reasonably possible. The Service is distributed on an "as is" and "as available" basis without warranties of any kind, either express or implied.
9.2. The internet is a shared resource and because of that, performance cannot be guaranteed.
9.3. The Service is delivered by 4G signal and is dependent on the quality of the individual installation, atmospheric conditions and the 4G network operation itself. In normal operation, availability should be better than 99% but no specific guarantees on availability or performance can be given.
9.4. The Service inevitably has a somewhat higher latency than traditional terrestrial broadband services. Typical latency is of the order of 40ms (when compared to the average 15ms typical with terrestrial services). The higher latency means that a 4G service will be a little slower to respond than the equivalent terrestrial service. This should not have any noticeable effect on all normal internet-based activity – although, certain real-time fast feedback applications such as multiplayer online action gaming may see some slight degradation in responsiveness.
9.5. Most VPNs work effectively over 4G. Some VPNs may need to be configured to allow the higher latency of 4G.
9.6. Service parameters, including monthly data allowances, are specified for the overall connection as delivered to the combo 4G Modem/Wi-fi Router. Where the connection is shared between other computers and devices, the data allowance is also shared.
9.7. Unless otherwise stated, Service is generally provided on an unlimited data allowance basis, but subject to fair usage policies published from time to time by 4G Network Operators. Data allowances apply to the overall mix of data downloaded and uploaded.
9.8. Where applicable, certain Packages allow a set data amount for upload and download each month. If the current monthly usage limit is reached, the Subscriber must purchase additional data to continue using the Service during that month.
9.9. Subscriber acknowledges and accepts that the speeds described in the description of the Service are average speeds, not actual speeds at all times. Actual speeds may vary, based on a number of variables entirely outside Cambrian Connect's control.
9.10. Actual speeds achieved will be affected by many factors including, but not limited to:
9.10.1. internet congestion at the time;
9.10.2. performance of any router or other network device installed by Subscriber;
9.10.3. performance of local wi-fi connection and environment;
9.10.4. performance of Subscriber computer(s) and browser(s) which must be operating normally (i.e. without any errors or error messages or system warnings) and with an operating system kept up-to-date with all updates and patches applied;
9.10.5. number of computers and other internet enabled devices using the Service;
9.10.6. number of TCP sessions opened;
9.10.7. number and nature of applications and downloads running in the background;
9.10.8. malware and virus infection on Subscriber's computer or other devices with access to Subscriber's local network;
9.10.9. where applicable, speed step of the Subscriber's chosen package as determined by the amount of data used in conjunction with the usage parameters of that package as may be stated in the Service Package Description;
9.10.10. performance of the website or internet service that the Subscriber is attempting to use;
9.10.11. performance of the speed test server and the connection established between this server and the Subscriber's computer running the speed test.
9.11. In the case of any plans or packages described as offering unlimited data, it should be noted that these should provide Subscribers with all the access to the internet needed for normal internet usage permissible under these Terms and Conditions and subject to fair usage.
9.11.1. However certain usages of the 4G broadband connections provided by Cambrian Connect are not permitted under these Terms and Conditions (please see Section 13 below for more detail).
9.11.2. Plans or packages made available by Cambrian Connect prior to October 1st 2019 and described as offering unlimited data therefore come with a monthly usage cap set at 1,000 GB, the reaching of which point will result in the Service being suspended in order to help identify potential non-permitted usage.
9.11.3. It is extremely unlikely that such a point will be reached if Subscriber is using the service in permitted fashion. However, should Cambrian Connect then establish that Subscriber's usage of the Service has in fact been entirely permissible, it will re-enable Subscriber's connection with as minimal interruption as possible, so that Subscriber may then continue to use the Service.
9.11.4. Plans or packages made available by Cambrian Connect on or after October 1st 2019 and described as offering unlimited data have no such monthly usage caps and are therefore fully unlimited in terms of monthly data allowance but subject to fair usage. Despite this, certain usages of the 4G broadband connections provided by Cambrian Connect remain not permitted under these Terms and Conditions (please see Section 13 below for more detail).
9.12. The Service may be suspended for operational reasons (such as maintenance or upgrades) or because of an emergency. If it is made aware by a 4G Network Operator of any suspension to or interruption of the Service before such occurs, Cambrian Connect will give Subscriber as much notice as is reasonably possible.
9.13. If a 4G Network Operator has to alter technical specifications associated with the Service for operational reasons, Cambrian Connect will endeavour to give Subscriber as much notice as possible, where appropriate.
9.14. Cambrian Connect may give Subscriber instructions concerning the use of the Service and Subscriber agrees to observe such instructions as are issued.
10.1. Cambrian Connect offers a regional installation service in the UK for installation and set up of the external 4G antenna and internal combo 4G Modem/Wi-fi Router. In addition, Subscribers may carry out their own installation or commission their own installer - but not in the event of any equipment being supplied to Subscriber under any Government subsidy scheme. In any case, the installation must be carried out with due care to Health and Safety, construction regulations and electrical regulations. Subscribers should consult a qualified professional such as a CAI Member. The install must be carried out as per the installation manual provided and following the CAI Code of Practice (www.cai.org.uk).
10.2. Any installation warranty issues must be raised first with the original installer. Where Cambrian Connect carried out the install, we will not cover warranty visits from a different installer.
10.3. A "Standard Installation" is defined as having a maximum cable run of 5m from the external dish 4G antenna to the internal combo 4G Modem/Wi-fi Router, the external antenna being mounted no more than one storey high, on a suitably facing wall through a single wall to a single internal point with no special bracketry or special access requirements but does not include any additional travel costs for rural remote installations.
10.4. In certain cases and dependant upon the strength of the received 4G signal at the Subscriber's location, it may be possible for the Service to be satisfactorily provisioned without the need for an external 4G antenna and thus without a professional installation either. Cambrian Connect itself will advise if this is a possibility and specifically excludes any responsibility for the performance of the Service, should a Subscriber choose not to have an external 4G antenna, when it has been advised that one is necessary.
10.5. Subscribers are advised that, in the event of any equipment being supplied to Subscriber under any Government subsidy scheme, the fitting of an external 4G antenna and the professional installation of such is a mandatory requirement, regardless of 4G signal strength at the Subscriber's location.
10.6. Some more remote and rural post codes may be subject to a post code supplemental charge to cover additional fuel and travelling time costs. Where possible Cambrian Connect will try and absorb this supplemental charge if the installation can be arranged into normal daily activities or journeys. The Remote areas are categorised:
10.6.1. Rural Travel Surcharge – England/ Wales
10.6.2. Rural Travel Surcharge – Scotland
10.6.3. Rural Travel Surcharge – Highlands
10.7. Special requirements may need extra work which will be quoted by Cambrian Connect or the installer to Subscriber before proceeding.
10.8. Setting up of Subscriber networks or special systems is not covered by the Standard Installation.
10.9. You should retain all the original packaging in case you need to return any equipment to us for service or warranty or if you wish to return equipment to us as per your statutory rights under the Consumer Contracts Regulations.
11.1. OFCOM requires that providers of Electronic Communication Services have a transparent, accessible and effective Code of Practice for Complaints Handling with appropriate access to Alternative Disputes Resolution process (ADR).
11.2. Our aim is to provide a high-level of customer service and support. However we recognise that problems can occur and this Code of Practice outlines what we will do to put things right as quickly as possible. You may request a hardcopy at any time from email@example.com and it may be published on our website.
12.1. Cambrian Connect is not liable whether in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications services of for the faults in or failures of their networks and equipment.
12.2. Subscriber agrees that Cambrian Connect has no control over the information that can be accessed by using the Service, and that Cambrian Connect does not control the use to which Subscriber puts the Service or the nature of the information Subscriber is sending or receiving.
12.3. The Service provides the Subscriber with an ability to use the internet. The internet is separate from the Service and use of the Internet is at Subscriber's own risk and is subject to any applicable laws. Cambrian Connect has no responsibility for any goods, services, information, software, or other materials obtained by Subscriber when using the Internet.
12.4. Subscriber also acknowledges that data transmitted via the Internet may be protected by third party rights, including inter alia, intellectual property rights and copyright. Subscriber is solely responsible for the data Subscriber consults and transfers via the Internet, and Subscriber may not transmit or request data that violates or may violate any third party's rights.
12.5. Subscriber hereby acknowledges and agrees that the Internet is not a secure network, in particular regarding data transmissions. Accordingly, Cambrian Connect does not warrant the integrity, authentication and confidentiality of the information, files and data exchanged by Subscriber via the Internet. Subscriber is responsible for taking all appropriate steps to protect Subscriber's data and/or software from corruption, virus contamination or intrusion in Subscriber's computer.
12.6. Restrictions on Use:
12.6.1. Subscriber must not re-sell or attempt to re-sell the Service;
12.6.2. Subscriber will not use the Service in a way that does not comply with the terms of any legislation or any license applicable to Subscriber or Cambrian Connect or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
12.6.3. Additional terms and conditions may be displayed online or elsewhere relating to particular services. If Subscriber chooses to access such services, Subscriber will need to comply with such additional terms and conditions.
13.1. Cambrian Connect reserves the right to immediately suspend the Service, or refuse the Service and terminate this Contract, without liability, if the Subscriber, or anyone using the Subscriber's account, uses the Service:
13.1.1. fraudulently, for fraudulent purposes or in connection with any criminal offence;
13.1.2. in an unlawful manner, in contravention of any applicable legislation or license;
13.1.3. via computers or networks or other systems or devices which are infected with viruses, Trojans or other malware whether or not Cambrian Connect has notified Subscriber of such malware;
13.1.4. via computers or networks or other systems or devices in an infected state once this has been advised to Subscriber by Cambrian Connect or other people whether or not on behalf of Cambrian Connect;
13.1.5. to download an unreasonably large amount of data when compared to the published Service Package Description Limits
13.1.6. in a way that does not comply fully with any instructions that Cambrian Connect has given Subscriber;
13.1.7. in such a way that degrades the Service to other Subscribers, as determined by Cambrian Connect;
13.1.8. in such a way that is uneconomic for Cambrian Connect;
13.1.9. in such a way to cause annoyance, inconvenience or needless anxiety;
13.1.10. for transmission of any data which is prohibited, illegal or contrary to international public order, such as, but not limited to, pornography, paedophilia, fascist and/or terrorist related information;
13.1.11. for hacking or any attempt to illegally use, manipulate, or appropriate data or information via the Internet, including, but not limited to, breaking security of any online systems, such as, without limitation, e-commerce Internet sites, financial institutions, and any other activity prohibited by law.
13.1.12. to send, knowingly receive, upload, download, distribute, share, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing (specifically including via P2P file sharing protocols, such as BitTorrent for example);
13.1.13. to send, knowingly receive, upload, download, distribute, share, use or re-use any material which is in breach of copyright, confidence, privacy or any other rights (specifically including via P2P file sharing protocols, such as BitTorrent for example);
13.1.14. to send or procure the sending of any unsolicited advertising or promotional material such as but not limited to, spam;
13.1.15. to use the system in any way which results in the inclusion of Cambrian Connect servers or networks on internet blacklists whether knowingly or unknowingly;
13.1.16. to send knowingly any material which contains software viruses or any computer code, files or programmes designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
13.1.17. or if Cambrian Connect considers, in its sole discretion, that the Subscriber's use of the Service is in any other way unacceptable as determined by Cambrian Connect.
13.2. Cambrian Connect shall be entitled to monitor the Subscriber's use of the Service and to modify, edit or remove any material the Subscriber is sending or receiving using the Service entirely in Cambrian Connect's sole discretion.
13.3. If the Service is used as described in this section, Cambrian Connect will regard Subscriber as in breach of contract and will enforce the terms of section 15 Breach of Contract.
13.4. Subscriber will indemnify Cambrian Connect against any claims or legal proceedings that are brought or threatened against Cambrian Connect because the Service is used in breach of this section. Subscriber will notify Cambrian Connect of any such claims and keep Cambrian Connect informed as to the progress of such claims.
14.1. Subscriber agrees to comply with all applicable laws, rules and regulations in connection with the Service and with these Terms and Conditions.
14.2. Cambrian Connect's liability in Contract, tort (including negligence) or otherwise in relation to this Contract is limited to the Charges paid by Subscriber to Cambrian Connect in the preceding period of 12 months.
14.3. Cambrian Connect expressly excludes any liability for consequential loss.
14.4. Cambrian Connect may change the terms and conditions of this Contract, including the charges, at any time. Cambrian Connect will give Subscriber at least 14 days' notice of any changes before such changes take effect.
14.5. Each term and condition of this Contract operates separately in itself and survives independently of the others.
14.6. If Cambrian Connect or Subscriber is unable to perform any obligation under this Contract because of a matter beyond their reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or events beyond the reasonable control of Cambrian Connect, Cambrian Connect's suppliers, or Subscriber, Cambrian Connect or Subscriber will have no liability to the other for that failure to perform.
14.7. If any events described in paragraph 14.6 continue for more than 14 days, Cambrian Connect can terminate this Contract by giving Subscriber notice.
14.8. This Contract is personal to Subscriber and Subscriber may not transfer his/her Account or any of his/her rights and obligations under this Contract without Cambrian Connect's written agreement. Cambrian Connect may transfer any of its rights and obligations under this Contract (including Subscriber's Account and any details that Subscriber has provided to Cambrian Connect to enable the ongoing provision of Services to Subscriber) to (i) any person or entity which acquires all or substantially all of the business providing the Services (in which case any reference to Cambrian Connect shall be construed as a reference to its successor in respect of such business); or (ii) any subsidiary or parent of Cambrian Connect, or any subsidiary of any such parent, without the Subscriber's permission. In the event that Cambrian Connect transfers any of its rights or obligations under this Contract to a third party, pursuant to this clause
14.8, Cambrian Connect will also transfer certain of Subscriber's personal data which it holds to such third party, again in order to enable Subscriber to have continuing access to the Service.
15.1. Breach of Contract will result in termination of Subscriber's Service and termination of this Contract (or both):
15.1.1. immediately if Subscriber commits a breach of this Contract; or
15.1.2. Subscriber does not pay the charges in accordance with section 5 - Charges and Billing of this Contract; or
15.1.3. immediately if Subscriber is the subject of a bankruptcy order or becomes insolvent, or makes an arrangement with creditors, or a receiver or administrator is appointed over any or of Subscriber's assets.
16.1. For UK purchases from the website or by phone, the Consumer Contracts Regulations give you the right to cancel within the cooling-off period of fourteen working days of receipt of the goods as long as the Service has not been activated or used. If you wish to cancel, you must inform us in writing within that period and return any supplied and/or installed equipment to us in new condition in their original packaging at your cost.
16.2. You will be given details of your order, all costs, our details and your rights to cancel before we process your order. If this prior information is given verbally at time of order and you choose to proceed, you will receive confirmation by email.
16.3. In the event that we cannot achieve and demonstrate a minimum broadband performance immediately following installation as defined in our Performance Promise or to the stated minimum criteria in the case of a Government subsidised installation, we will remove all equipment at our cost and walk away. We will further refund any monies that you have paid over to us at Cambrian Connect with respect to equipment or installation costs.
16.4. In the event of your choosing to cancel within the fourteen day statutory cooling-off period for any reason other than our failure to achieve and demonstrate a minimum broadband performance immediately following installation as defined in our Performance Promise or to the stated minimum criteria in the case of a Government subsidised installation, the following conditions shall apply:-
16.4.1. You WILL NOT be liable for any equipment costs, PROVIDED THAT you return all equipment to us in new condition in the original packaging at your cost. Once we have received these, any relevant payments made by yourself for the equipment will be refunded to you, or if that equipment has not yet been paid for (as in the case of installations intended to be carried out under Government subsidy), a relevant credit will be raised to offset any invoiced amount. Should you not effect such return, you will be liable for all equipment costs, chargeable at our normal retail pricing in place at the time.
16.4.2. It can take UP TO SEVEN DAYS for your account to be closed off from the point of your giving us notice of your wish to terminate within the fourteen day statutory cooling-off period. Your 4G broadband service will continue until your account is closed off, at which point your ongoing financial liability will end.
16.4.3. You WILL STILL be liable for the full costs of installation work carried out at your property in order to activate the Service. This is because you will have chosen to exercise your statutory rights to cancel under the Consumer Contracts Regulations for reasons other than the failure of the Service to perform to stated minimum specifications. In such an event, if the costs for initial set-up of the Service have already been paid, the installation element of those costs will not be refunded in any event. If the costs for initial set-up of the Service have not yet been paid (as in the case of installations intended to be carried out under Government subsidy), you will in all cases be liable and will need to pay for the installation element of those costs.
16.5. Your statutory rights are not affected in any way by any of the above.
17.1. The Contract shall start on the Start Date. Subscriber is deemed to be bound by these Terms and Conditions at the same time.
17.2. The Contract is for the Minimum Contract Period (MCP).
17.3. The length of the MCP - currently either 12, 24 or 36 months, dependant on the Service selected - will have been communicated and confirmed to Subscriber and agreed to by Subscriber when first placing his/her order.
17.4. Special promotions, offers and promotional contracts of other duration may be offered from time to time and additional Ts & Cs will apply to these.
17.5. During the Minimum Contract Period, Subscribers may upgrade their account to one with a higher monthly data allowance if possible. Some charges may occur in such events due to account crossover, as a result of ensuring that Subscribers retain broadband connectivity at all times.
17.5.1. For customers with Vodafone-based accounts, upgrades to accounts can only be applied from the start of the next new billing month and not before.
17.5.2. For customers with Three-based accounts, upgrades to accounts will be applied upon our despatch of the new Full SIM card associated with the Subscriber's newly selected upgraded account. Payments on the Subscriber's old account will cease to be applied upon our receipt of the Full SIM card associated with the Subscriber's original account - as strictly specified in point 16.4.2 above.
17.6. Subscribers may not downgrade during the Minimum Contract Period.
17.7. If the Subscriber has taken up a new Contract within the original MCP, then a new MCP based on the Start Date of the new Contract applies.
17.9. After Minimum Contract Period, the contract will continue until terminated in accordance with 20 - Termination of Contract .
18.1. The Minimum Notice Period applies to all contracts of any Minimum Contract Period whether 1 month, 1 year, 2 years or any other period offered at the time.
18.2. If notice is given during the Minimum Contract Period, the Early Termination Charge will apply.
18.3. The Minimum Notice Period is 30 days. Any payments due within the 30 day period remain due. Where applicable, a discount will be applied to the final payment to reflect any remaining unused days beyond the MCP after the MiNP has expired.
19.1. The Early Termination Charge is calculated as follows:
19.1.1. If you wish to terminate within the MCP, the Early Termination Charge is the balance of all payments due until the end of the MCP.
20.1. This contract may be ended;
20.2. by either Subscriber or Cambrian Connect after the Minimum Contract Period, by giving 30 days' notice (the Minimum Notice Period)
20.3. by Subscriber giving Cambrian Connect 7 days' notice if Cambrian Connect gives Subscriber notice to increase the charges (other than the automatic annual RPI increase detailed in point 5.10 above) or changes the conditions of this Contract to Subscriber's detriment and provided Subscriber gives the notice before the increase or changes take effect.
20.4. at any time by Cambrian Connect giving Subscriber 14 days' notice if Cambrian Connect at its sole discretion decides that Subscriber is either knowingly using the Service for illegal purposes (including but not limited to the improper down- or uploading of copyright protected material) or that Subscriber is abusing the Service in other unreasonable fashion or that Subscriber is acting in a persistently vexatious manner in Subscriber's dealings with Cambrian Connect.
21.1. Subscriber must indemnify Cambrian Connect against any claims or legal proceedings in respect of illegal or unacceptable use, defamation, breach of copyright or other intellectual property right infringement which are brought or threatened against Cambrian Connect by another person and which are attributable wholly or in part to Subscriber's use of the Service and, if Subscriber uses the Service for business purposes, Subscriber must indemnify Cambrian Connect against any claims that anyone (other than Subscriber) threatens or makes against Cambrian Connect because the Service is faulty or cannot be used by them.
22.1. Notices under this Contract may be given on-line by electronic mail using the Service, or in writing and delivered by hand or sent by pre-paid post to the addressee as follows:
22.1.1. to Cambrian Connect at its Registered Office or via firstname.lastname@example.org or any alternative address Cambrian Connect notifies to Subscriber at any time.
22.1.2. to Subscriber: at the postal address or email address the Subscriber specifies when registering for the Service or any alternative address which Subscriber notifies to Cambrian Connect.
23.1. This Contract, the Order Form(s) and any additional documents referred to prepared by Cambrian Connect, constitute the entire and only agreement between Cambrian Connect and Subscriber for the Service.
24.1. This Contract is governed by the laws of English and Wales and Subscriber and Cambrian Connect submit to the exclusive jurisdiction of the English and Welsh courts.
This Fair usage Policy (the ‘Policy’) covers all Wireless and Wired communication Services (the ‘Services’) provided by or managed by Cambrian Connect Ltd. These restrictions included in this Policy are in addition to the restrictions included in our various Terms & Conditions. Your use of our Services means that you accept and abide by this Fair Usage Policy and our various other Terms & Conditions.
We reserve the right to revise this Policy at any time by posting an updated version of the Policy to our website. You are expected to check this Policy from time to time to take notice of any changes we make. As they may be legally binding to you. Some of the provisions contained in this Policy may also be superseded by provisions or notices published elsewhere on our site, splash pages or in writing from time to time.
A very small number of customers transfer large amounts of data throughout the day. This type of activity uses a lot of bandwidth and can significantly reduce the speed at which another customer can access the internet, especially during peak hours. We don’t believe this is fair to other customers. This policy is designed to ensure that each customer experience is the best possible service. Services provided and managed by Cambrian Connect Ltd are designed to be suitable for customers with a typical internet usage pattern.
The policy will affect you if you are one of the very few customers who make inappropriate use of the Services. You must make sure that any use of our Services, by you or anyone else using your devices or connected to your service, complies with this policy. If your usage patterns are significantly higher from the standard then you could be in breach of the Policy. If you consume more than 20Gb (Gigabytes) any day or you breach our Policy, we reserve the right to issue a warning to you or to suspend or withdraw the Services immediately, temporarily or permanently or we may manage your bandwidth in such a way that may result in reduced service speeds. In addition, we may restrict the amount of bandwidth available to very heavy users during busy periods to ensure that the majority of our customers have a good experience. Some activities involve more usage than others. Watching a video, for example, typically involves downloading significantly more data than browsing a simple web page or sending a short email. The table below shows what kind of usage is involved in some common activities:
You should also ensure that your ant-virus software and programs on your devices are up to date to ensure that a virus or malware is not transferring data that you are unaware of.