- Section One: Terms and Conditions -
1.1. The terms set out in this Annex form part of our Standard Terms (which are comprised of the Main Body Terms, available at www.gradwell.com/terms-conditions/, and all relevant Annexes). The terms in this Annex apply whenever you buy our fibreline service providing connectivity to the Internet (“Fibreline Services”). Any conflict between the Main Body Terms, the Annexes and/or any other document expressly referred to in the Standard Terms will be determined in accordance with clause 19.8.
This Annex does not apply to any other type of broadband connectivity service that we sell.
1.2. All definitions used in the Main Body Terms apply to this Annex.
1.3. Any reference to a “clause” is to a clause of the Main Body Terms. Any reference to a “paragraph” is to a paragraph of this Annex.
1.4. Other definitions that appear only in this Annex have the meanings set out below:
- “Activation Date” has the meaning given to it in paragraph 2.15;
- “Install Date” means the earlier of the date on which the Cable Installation or the Equipment Installation occurs;
- “Additional Construction Work” has the meaning given to it in paragraph 2.10;
- “Delivery Partner” means an organisation such as Openreach or Virgin Media Business who we need to work with to physically install the internet connection
- “Cable Installation” has the meaning given to it in paragraph 2.5(a);
- “Equipment Installation” has the meaning given to it in paragraph 2.5(b);
- “Excess Construction Charge” has the meaning given to it in paragraph 2.10;
- “Installation Charge” has the meaning given to it in paragraph 3.1.1;
- “Installation Specification” has the meaning given to it in paragraph 2.2;
- “Method of Work” has the meaning given to it in paragraph 2.13;
- “Network Termination Equipment” or “NTE” means the equipment installed in your premises by our Delivery Partner to provide the required connectivity;
- “Site” means the premises at which your Fibreline Service will be installed and used;
- “Site Survey” has the meaning given to it in paragraph 2.2:
1.5. Details of the features and functionality of the different Fibreline Services listed in paragraph 1.1 are as described on our Website, or in promotional material that we may produce from time to time.
1.6. We may from time to time amend the Standard Terms, Charges or Services in accordance with clause 14. Whenever we make such changes, we will update the Website to reflect this.
1.7. Our Fibreline Service uses a fibre optic cable to provide the connection from the telephone exchange to your premises to deliver fast and reliable internet connectivity.
2.1. Some premises within the UK are unable to receive our Fibreline Service. Your ability to receive the Service is principally determined by the capabilities of your nearest telephone exchange and your distance from it.
2.2. To order a Fibreline Service, you will need to contact our sales team by calling our advertised sales number or requesting a call back via the Website. Our sales team will discuss the Service with you in more detail and take information from you to determine whether you are able to receive the Fibreline Service. Based on the information you give us, we will let you know whether you can receive the Service, as well as the data transfer speeds you can expect (this document being an “Installation Specification”). If you wish to proceed with the order, you must complete and send to us the relevant order form within 14 days of us sending to you the Installation Specification. We may also ask you to send us a signed copy of this Annex within the same time period. On receipt of your order form, we will review your order and pass to our Delivery Partner information about the
intended Site so that our Delivery Partner can determine whether or not a survey of the location (“Site Survey”) is required.
2.3. Where our Delivery Partner confirms that a Site Survey is required, the order process will be handled in accordance with paragraphs 2.9 to 2.12 inclusive, before installation proceeds in accordance with paragraphs 2.13 and 2.22 inclusive.
2.4. Where our Delivery Partner confirms that a Site Survey is not required, we will issue you with an invoice for the Installation Charge and an Order Confirmation. Your order will then proceed in accordance with paragraphs 2.13 and 2.22 inclusive. You must pay the Installation Charge within 30 days. If you do not do this, or if you notify us that you do not wish to proceed, your order will be
cancelled and you will still be liable for the Installation Charge (as more fully described in paragraph 4.2).
Engineer appointments and missed appointment charges
2.5. It will be necessary for an engineer from our Delivery Partner to visit your Site at least twice to carry out the following activities:
a) To install the fibre optic cable (“Cable Installation”); and
b) To install the termination equipment (“Equipment Installation”).
2.6. Depending on the exact location of your Site and the proposed configuration of the Service, other engineer visits may be necessary for a Site Survey and Additional Construction Work to be completed.
2.7. In each case that an engineer appointment is required, we will try to accommodate your timing requirements for the appointment, but it is ultimately dependent on our Delivery Partner’s engineer availability and we can give you no guarantee or assurance that the appointment will occur on your chosen date or time. You must provide us with details of two authorised persons (each a “Site
Contact”) who can grant the our Delivery Partner’s engineer access to the line installation point of the Site during the appointment. At least one of the Site Contacts must be present during the appointment, and they must act in accordance with the engineer’s reasonable instructions.
2.8. Where we inform you in advance that an engineer appointment will require Site access, if neither of the Site Contacts are present to give our Delivery Partner’s engineer that access, and you have not cancelled the appointment by email at least 48 hours in advance, we will charge you a missed appointment charge of £90.00 plus VAT (or another figure that we notify you of in advance).
Site Surveys and Additional Construction Work
2.9. We will let you know by email if our Delivery Partner determines that a Site Survey is required and an appointment will be arranged in accordance with this Annex. Occasionally, more than one Site Survey may be required.
2.10. Once the Site Survey has been carried out, our Delivery Partner will notify us of any additional work that they must complete as part of installing the Fibreline Service at the Site (“Additional Construction Work”), and of the charge (if any) that is payable in relation to the Additional Construction Work (“Excess Construction Charge”). We will then pass these details on to you and
the order will proceed in either of the following two ways:
- 2.10.1. If the Site Survey reveals that Excess Construction Charges are payable, we will issue you with an invoice for the Excess Construction Charge and Installation Charge. You must pay the Excess Construction Charge and Installation Charge within 30 days of us giving you details of them. If you do not do this, or if you notify us that you do not accept the Excess Construction Charge, your order will be cancelled. The charge for the first Site Survey will be included in the Excess Construction Charge. If our Delivery Partner determines that subsequent Site Surveys are required, or if an engineer is required to make additional visits to the Site for another reason (other than those reasons set out in paragraph 2.5 or to carry out Additional Construction Work or installation work in accordance with paragraph 2.12), each such visit will be charged at £240 plus VAT (“Additional Site Visit”). Where you agree to our Delivery Partner carrying out more than one Site Survey prior to us issuing you with an Order Confirmation, a separate Contract will be formed for each additional Site Survey and you will be liable to pay us the charges associated with those additional Site Surveys even if you cancel your order (as more fully described in paragraph 4.2). We will also pass through to you any additional instructions or requests that our Delivery Partner might reasonably make where they identify that asbestos or another hazard is present at the Site.
- 2.10.2. If the Site Survey reveals no Excess Construction Charge is payable, we will issue you with an invoice for the Installation Charge and an Order Confirmation. Your order will then proceed in accordance with paragraphs 2.13 and 2.22 inclusive. You must pay the Installation Charge within 30 days. If you do not do this, or if you notify us that you do not wish to proceed, your order will be cancelled and you will still be liable for the Installation Charge (as more fully described in paragraph 4.2). There is no charge for the first Site Survey. If our Delivery Partner determines that subsequent Site Surveys are required, or if an engineer is required to make additional visits to the Site for another reason (other than those reasons set out in paragraph 2.5 or to carry out Additional Construction Work or installation work in
accordance with paragraph 2.12), each such visit will be charged at £240 plus VAT (“Additional Site Visit”). Where you agree to our Delivery Partner carrying out more than one Site Survey prior to us issuing you with an Order Confirmation, a separate Contract will be formed for each additional Site Survey and you will be liable to pay us the charges associated with those
additional Site Surveys even if you cancel your order (as more fully described in paragraph 4.2). We will also pass through to you any additional instructions or requests that our Delivery Partner might reasonably make where they identify that asbestos or another hazard is present at the Site.
2.11. Where Excess Construction Charges are payable, the Additional Construction Work can only be carried out once you have paid the Excess Construction Charge. Once you have paid the Excess Construction Charge in accordance with the relevant invoice, the appointment for the Additional Construction Work can be booked. We will try to accommodate your timing requirements for the Additional Construction Work to be carried out, but it is ultimately dependent on our Delivery Partner’s engineer availability and we can give you no guarantee or assurance as to your chosen date or time.
2.12. Once the Additional Construction Work has been carried out, our Delivery Partner will notify us and we will notify you. In the unlikely event that further Additional Construction Work is needed, you will be notified of the situation and the further work will be scheduled by our Delivery Partner. However, if further work is necessary, the Excess Construction Charge will not change from that
for which you are originally invoiced.
Installation of the Fibreline Service
2.13. We will contact you to arrange a suitable date and time for an engineer from our Delivery Partner to visit your premises to carry out the Cable Installation and then the Equipment Installation. On request, we can provide you with detailed information about the work which our Delivery Partner typically carries out during the installation of a Fibreline Service. If you require specific details of the work that will be carried out at your Site (“Method of Work”), we can arrange for our Delivery Partner to provide this, but there is a charge associated with doing so which we will pass on to you. We will confirm whether you are happy to pay these charges before asking our Delivery Partner to provide the Method of Work.
2.14. Once the installation work has been carried out, our Delivery Partner will notify us of the outcome and whether further work is necessary. We will pass this information on to you and arrange for any further work that is necessary to be carried out in accordance with paragraphs 2.13 and 2.14.
2.15. Where our Delivery Partner informs us that the Fibreline Service installation work has been successfully completed, the new line will enter a period of testing which typically takes around 10 – 15 Working Days. When this testing has been completed, we will notify you and provide you with a handover document outlining the technical details of the line and the date on which it is expected to be activated so that the line is made available for use by you (“Activation Date”). We will let you know by email once the line has been activated and it has been assigned to your Gradwell account. We will then, in accordance with clause 13.1, issue you with the invoices relating to your first period of use of the Service. If you are a new customer, this period will be the first month in which you use the Service starting on the Activation Date. If you are an existing customer, your first invoice will cover the period from the Activation Date until the next monthly anniversary on which you became a Gradwell customer and invoices will be issued on a monthly basis after that.
3.1. The charges for your Fibreline Service will be broken down into the following elements:
3.1.1. A one-time charge associated with installing your Fibreline Service (“Installation Charge”);
3.1.2. An Excess Construction Charge where the Site Survey identifies that Additional Construction Work is required; and
3.1.3. A recurring monthly charge.
3.2. The Installation Charge and the recurring monthly charge will be set out on the Order Confirmation. The Excess Construction Charge will be provided to you separately in accordance with paragraph 2.10.
4.1. Our Fibreline Services have a Minimum Contract Period of either one year, three years, or five years which you can choose between when you place your order. The Minimum Contract Period will run from the Activation Date.
4.2. The table below outlines the different points at which you may cancel your order prior to the Activation Date and the consequences associated with such cancellations. In all cases, you remain liable for any Additional Site Visits. Any cancellation request must be made by email to the email address administration@gradwell.com and will only deemed effective once receipt of the
cancellation request has been expressly acknowledged by Gradwell.
Cancellation circumstances | Consequences of Cancellation |
---|---|
A. As set out in paragraph 2.4, you confirm that you wish to cancel the order. | We will charge you: – the Installation Charge as shown on the Order Confirmation; and – the cancellation charge if we incur it from our wholesale supplier (currently £1,950 for 100Mb bearer services, up to £3,995 for 1Gb bearer services) |
B. As set out in paragraph 2.10.1, you confirm you do not accept the Excess Construction Charge, or if you fail to pay it within 30 days. | There is no cancellation charge for the |
C. As set out in paragraph 2.10.2, if after the Site Survey reveals that no Excess Construction Charge is payable, you confirm you do not wish to proceed, or if you fail to pay the Installation Charge within 30 days. | We will charge you: – the Installation Charge as shown on the Order Confirmation; and – the cancellation charge if we incur it |
D. You cancel your order after we send you the Order Confirmation, but before the Activation Date occurs. | We will charge you: – For any Additional Construction Work carried out before your order is validly – the cancellation charge if we incur it from our wholesale supplier (currently £1,950 for 100Mb bearer services, up – the Installation Charge as shown on the |
4.3. In accordance with clause 15.6, if you cancel your Fibreline Service on or after the Activation Date but before the Minimum Contract Period has expire, you will be required to pay an Early Termination Charge.
4.4. For the avoidance of doubt, the Early Termination Charge will comprise:
a) Any unpaid element of the Installation Charge; and
b) The monthly Charges associated with the remaining element of the Minimum Contract Period.
5.1. As part of the engineer installing the Fibreline Service, they will connect and leave at the Site Network Termination Equipment (“NTE”) through which you will be able to connect your devices. The NTE will require an electrical power supply to work. To use the connectivity of your Fibreline Service, you must plug your equipment in to the NTE using an Ethernet cable.
5.2. The NTE will remain our property at all times and you must use it in conditions generally acknowledged to be suitable for electronic equipment and treat it with reasonable care.
5.3. You must return the NTE to us at the end of your Contract for Fibreline Services. We will contact you to arrange for our nominated courier to collect the NTE from your Site. If you lose or otherwise fail to return NTE in accordance with this Annex, we will charge you £350.00 for each affected NTE (or another figure that we notify you of in advance of you submitting your order). We will also charge you £350.00 if, on inspection of the returned NTE, we determine (acting reasonably) that you have not used it in suitable conditions or treated it with reasonable care.
6.1. It is not possible to migrate your Fibreline Service to another communications provider. If you wish to stop receiving your Fibreline Service and receive an equivalent service from another provider, you must cease the Service and terminate the Contract in accordance with the Standard Terms.
7.1. The data transfer speed you receive through your Fibreline Service will depend on the package that you order. The maximum possible data transfer speeds for each of the Fibreline Service packages will be sent to you on request before your place your order.
7.2. The data transfer speed will be shown on your handover document that is sent to you on the Activation Date. If required, you can request a quotation to increase the data transfer speed available up to the maximum speed of the bearer of the circuit. An upgrade of data transfer speed will not result in a new Minimum Contract Period commencing.
7.3. All requests to increase data transfer speeds will be subject to available network capacity, and the ability to upgrade your data transfer speed is not guaranteed. We will endeavour to notify of upgrade capability within five Working Days of your request.
7.4. Only one change to data transfer speed can be made within a calendar month.
8.1. Our Fibreline Services come with unlimited data transfer allowances for each monthly billing period starting on the Activation Date. However, your use of the Service is still subject to all other aspects of our Fair Use Policy.
9.1. You can choose to receive either 1 or 8 static IP addresses to use in conjunction with your Fibreline Service. Subject to their availability, you may choose your desired IP addresses when you place your order for your Fibreline Service.
9.2. Your chosen IP addresses may be reassigned to another customer if your Fibreline Service is suspended or terminated for any reason under the Standard Terms.
9.3. You can request more static IP addresses from us, the price of which will be set out on the written quote we give you on request and will be confirmed on the Order Confirmation. Whenever additional IP addresses are requested, we may ask you to explain the reasons behind your request and provide us with a completed form which we will send to you. We reserve the right to refuse (at
our sole discretion) any request for additional IP addresses.
10.1. If you are moving premises, you must cease your Fibreline Service by paying us the Charges associated with the remaining Minimum Contract Period (if any) and giving us the relevant notice set out under clause 15. If you would like to receive our Fibreline Service in your new premises, you must place a new order for Services in accordance with the Standard Terms. A new Minimum Contract Period obligation will apply to any new order for Fibreline Services.