Terms and Conditions
Last updated: 24/10/24

Introduction

These Terms and Conditions set out the agreement between Earth Broadband Limited (company number 14048463) whose registered address is 4 Pedlars Walk Ringwood England BH24 1EZ ("Earth Broadband", "Us", "We", or "Our") and the Customer whose details are set out on the order ("You", "Your").

These Terms and Conditions on which We supply the Service(s) to You so please make sure You understand them. In addition, by using Our Service You are agreeing to, our Privacy Policy and Price Guide, which You can find and read on the Earth Broadband's Website at www.earthbroadband.com

Once You place Your order for the Services with Us, We will either confirm or reject the order. If We confirm the order, We will send You acceptance of that order which will contain the important provisions relating to the Services You have ordered ( ”Order Summary”).


The Order Summary and these Terms and Conditions form the Agreement between Us which the provision by Us and the use by You of the Services are subject to.


The important provisions of the Agreement are:


  • The Services we provide: We will tell You the Service We provide in the Order Summary.

  • Your right to change Your mind: If You change Your mind about taking the Service in the first fourteen (14) days You can cancel the Agreement in accordance with clause 5.

  • Your minimum commitment: Except where You have the right to change Your mind, You commit to take the Service from Us for the minimum Fixed Term period set out in the Order Summary. If You choose to cancel the Agreement early or we cancel the Agreement early before expiry of the Fixed Term because of Your fault, You will have to pay the Early Termination Charges. Please see clause 10 for more details.

  • Changes to the Service and the Agreement: We may change the Service and the Agreement from time to time. Where We think the changes will be to Your material detriment, we will give You notice first, and, if this is during the Fixed Term, You will have the right to cancel the Agreement in accordance with clause 10.5(b).

  • Earth Hero Scheme: We automatically subscribe You to the Earth Hero Scheme mentioned below. If You do not wish to subscribe to this scheme then You may cancel it in accordance with clause 15.3 below.

1. Defined Terms

In these Terms and Conditions, the following words have the following meanings:

"Acceptable Use Policy" means Our acceptable use policy set out on the Website.


"Broadband Services" means the fibre broadband services that We provide to You.


"Call Services" means the telephony services that we provide to You.


"Cease Charges" means the charge that Our supplier charges Us to terminate the Services which We pass to You in Your final invoice as set out in the Price Guide.


"Charges" means the various charges for any Equipment and the Service which and any other charges for any additional services that may be required.


"Cookie Policy" means Our cookie policy set out on the Website.


"Customer" means the person set out on the order who orders the Services.


"Early Termination Charges" means, the Cease Charge, and the greater of (a) the Charges that would have been payable up to expiry of the Fixed Term but for early termination of the Agreement; and (b) fifty pounds (£50.00).


"Earth Hero Scheme" means a monthly subscription of a Charge which pays for five (5) mangrove trees being planted by Us each month, as more particularly detailed in clause 15.


"Equipment" means any equipment that We own or is part of Our network including equipment that may belong to Our third-party suppliers, including any broadband router, boosters, and cabling that We may provide You in order for You to use the Services.


"Fixed Term" means the minimum term of the Services as stated in the Order Summary which commences from Go-Live.


"Go-Live" means the date We confirm the Service is available to You to use or the date You use the Services, whichever is earlier.


"Order Confirmation" means Our acceptance notification that confirms We will provide the Service to You, including, without limitation, the description of the Service, the address to where the Service will be installed, any Equipment, the Charges, and the Fixed Term.


"Price Guide" means the document which sets out the Charges located on the Website.


"Privacy Policy" means Our privacy policy set out on the Website.


"Service(s)" means the Broadband Services and and/or the Call Services or any other services We have agreed to provide to You as set out in the Order Summary.


"Terms and Conditions(s)" means these terms and conditions.


"Trees" means the mangrove trees We will plant every month for each actively paying Earth Broadband customer and the five (5) trees per month for each customer enrolled on the Earth Hero Scheme.


"We" and "Us" means Earth Broadband Limited.


"Website" means www.earthbroadband.com.


"Working Day" means any day other than Saturday, Sunday or any day which is a public holiday in England in which banks are open in England.


"You" and "Your" means the Customer.

2. Our Services

  • 2.1 Earth Broadband is an internet service provider providing Broadband Services and Call Services to residential customers in the United Kingdom.

  • 2.2 The Agreement commences when We send the Order Summary to You.

  • 2.3 The Agreement consists of:

    •  the Order Summary;

    •  these Terms and Conditions;

    •  the Acceptable Use Policy;

    •  the Privacy Policy;

    •  the Cookie Policy; and

    •  the Price Guide.

3. Your Order

3.1 You can order Our Service with an Earth Broadband representative or through a third party by phone or by registering Your interest via the Website.

3.2 When You place an order for Services You agree that You:


  •  are at least 18 years old;

  •  agree to provide Your name and address and that You consent to allow us to provide these details to a third party for identity and credit checking;

  •  are the account holder for Your household’s existing telecommunication services or are authorised by the account holder to register for Our Service;

  •  will only use the Service for Your domestic use;

  •  will look after any Equipment We provide to You to use with the Service;

  •  will provide accurate information about Yourself when ordering the Service and update the information as necessary to keep it current, including telling Us if You move to a new address. Please ensure the information You provide is correct as any inaccuracies will solely be Your responsibility;

  •  agree to make payment for the Service by monthly direct debit.

4. Acceptance of Your Order

4.1 Your order will be accepted by Us when We email the Order Summary to You, at which point the Agreement between You and Us commences.

4.2 The Order Summary will state the Service which You have ordered and which We agree to supply to You in accordance with this Agreement.

4.3 You must pay the Charges by direct debit. Where We are able, We may reinstate the direct debit where it may have been cancelled or where it fails, for whatever reason, and you hereby authorise Us to do the same. We may contact You at Our discretion to request You make a non-refundable sum of one pound (£1.00) payment by debit card or credit card. Payment of this sum is confirmation of Your authority for Us to hold Your card details as an alternative payment method. Where We do, You hereby authorise Us to use Your card details to pay for any outstanding Charges.

4.4 We are not liable for delays with the installation of the Service. If the order is delayed, We will notify You as soon as possible and We will work alongside our network partners to provide You with the next available date for installation.

4.5 If We transfer the Service from or to another provider, You may experience a temporary loss of Your Service.

4.6 If You ask us to port Your telephone number from or to another provider, We will try to do this wherever possible. If We cannot, We will give you a new telephone number.

4.7 Your Order Summary will specify the Fixed Term relating to Your Service.

5. 14 Days Cooling-off Period

5.1 You have a legal right to cancel Your order by contacting Earth Broadband within the period of fourteen (14) days starting from the day after You have electronically indicated that You want to receive the Services “Cooling-off Period”).

5.2 Your request to cancel must be in writing to [email protected].

5.3 If, within the Cooling-off Period You may agree with Us that We may install the Services prior to expiry of such Cooling Off Period.
a) If We have started to provide the Service during such Cooling Off Period and You subsequently, still within such Cooling-off Period, wish to cancel the Service, You will have to pay Us the cost of the Service You have received up to the point when You notify Us of cancellation and the Charges referred to in clause 5.4, where applicable, and any engineer appointments or work carried out by Our network partners; or
b) if, We have not started to provide the Service during such Cooling Off Period and You wish to cancel the Service, You will have to pay Us any Charges as set out in clause 5.4, where applicable and any engineer appointments or work carried out by Our network partners.

5.4 In accordance with clause 10.12, any Equipment must be returned to Us within seven (7) Working Days of termination or cancellation of the Service at any time under this Agreement or a Charge for such Equipment and related delivery Charge (covering delivery to you and return to Us) will become payable using the payment method registered with Us. The Equipment must be returned in good working order, in the original box with all the cables and wiring.

5.5 All Charges are set out in the Price Guide.

6. Changes to the order

6.1 If You wish to make a change to the Service You have ordered please contact Us. We will let You know if the change is possible. If it is possible we will let You know about any changes to the Charges for the Service, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change

7. Use of Services

7.1 We will provide You with Equipment for You to use with the Service. You may prefer to upgrade the Equipment in which case You must notify Us in writing and You shall be liable to pay for such upgraded Equipment, the Charges for which are in the Price Guide.


7.2 You will be responsible for the Equipment once it is delivered to You but We will always own the Equipment.


7.3 You acknowledge that the information You provide Us in Your order will be relied upon by use for the provision of the Service. If there is any change in the information provided by You in the order or if the information provided by You is incorrect, You agree to notify Us immediately by contacting Us.


7.4 You may not use Your Service, or allow Your Service to be used:


  •  to send, communicate, knowingly receive, upload, download or use any material or make any calls that are offensive, abusive, indecent, defamatory, obscene, menacing, cause annoyance, inconvenience, needless anxiety or are intended to deceive;

  •  to download, possess or transmit in any way illegal material;

  •  to engage in criminal, illegal, unlawful or fraudulent activities;

  •  to violate or infringe the rights or property of any person, including rights of copyright and any other intellectual property rights, privacy or confidentiality;

  •  to intentionally impair or attempt to impair, without authorisation, the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data;

  •  via a device allowing the routing or re-routing of such Service on, from or to Our network;

  •  in such a way, or in such amount, that will have an adverse impact on Our network (or any part of it), Our customers or Our brand;

  •  in any way which We believe is or is likely to be detrimental to Us, to the provision of Services to You or any of Our customers or any other users of Our network;

  •  in breach of the Acceptable Use Policy (including the fair use therein), the Acceptable Use Policy and the Privacy Policy; or

  •  in a manner which may cause damage to Our reputation or any group company, the Services provided by Us or bring Us or any group company, Our Service or Our network into disrepute.

7.5 The intellectual property rights in any content, software or other materials (“Earth Broadband Materials”) which We provide to You belongs to Us or Our suppliers. We grant You a licence to use the Earth Broadband Materials in order to receive and enjoy the benefit of Your Service but You agree not to copy, modify or publish the Earth Broadband Materials and You agree not to supply the Earth Broadband Material to any other person.


7.6 You shall be liable to pay the Charges if You use the Service above the thresholds set out in the fair use policy which is part of the Acceptable Use Policy.


7.7 If You send Us the Equipment back but We cannot identify that You sent it to Us due to You not packaging it correctly, You will be liable for the Charge for such Equipment and the delivery Charges referred to in clause 5.4. We recommend that You carefully and in clear writing include Your name and account number inside and outside of the packaging

8. Provision of the Services

8.1 Before You can use the Services, We, or one of our representatives contacts You to arrange the installation of the Service by one of Our or more of their engineer(s).


8.2 The engineer upon visiting Your property:


  •  may realise that We cannot install the Services. This may be due to technical, health and safety or other practical reasons. If this is the case, We will terminate the Agreement, and other than the Charges that may apply in relation to clause 5.4 above, You will not be charged anything and We will refund any amounts You may have already paid other; or

  •  may realise a standard installation of the Service is not possible due to the length of Your driveway or any other reason which requires additional works to be undertaken before installation of the Services can take place. If this is the case, We will as soon as reasonably possible, confirm to You how much extra such additional works will cost. You may terminate the Agreement if You do not wish to pay for such additional Services within [ten (10) days of the date We notify You of this. Other than any Charges that may apply in relation to clause 5.4 above, You will not be charged anything and We will refund any amounts You have already paid. If You wish to pay the Charges for the additional works, then We will organise for those additional works to take place and then contact You to rearrange a date for installation;

  •  will, where sub-clause a) or b) of this clause 8.2 do not apply, install the Services.

8.3 To receive the Service, You need to make sure that Your equipment, such as Your computer or device (tablet or mobile phone) will connect to the Equipment by ethernet or wi-fi connection.


8.4 We cannot guarantee that there will be no disruption to the Service We provide due to the nature of the Service and the Equipment, including the need for regular maintenance. We strive to provide a continuous high-quality Service, but in the unlikely event that Service or the Equipment suffers a fault, We will restore the Service or the Equipment as soon as reasonably practicable. The intended speeds of the Service are set out on the Website.


8.5 We cannot guarantee that maximum transmission speeds can be obtained at any time; nor can We guarantee that, where You are eligible to receive a speed upgrade, the upgrade can be successfully completed within the indicated timelines. However, We will use Our reasonable endeavours to inform You of any issues and attempt to resolve them as soon as it is reasonably possible. Some of the Services are provided over third party networks, however, We will not be liable for faults outside of Our control.


8.6 You understand that the exact speed of the Service depends on the equipment You use, where the Equipment and the equipment is located and the distance between Your home and the cabinet on Your street.


8.7 Installation of some Services, including installation of Equipment inside or outside of Your property may require the consent of others. You are responsible for ensuring that any such consents are obtained before the installation. If they are not obtained, We may terminate Our Agreement and recover our reasonable costs.


8.8 We cannot guarantee internet security and strongly recommend that You make use of additional security products such as firewalls and anti-virus software.


8.9 We do not guarantee the security of the Service against unlawful or unauthorised access or use. You understand and agree that access to and use of the Service is at Your own risk.


8.10 If We provide You with usernames and passwords allowing You to access the Service, You agree that You are solely responsible for ensuring these are kept confidential and secure at all times. Notwithstanding the foregoing, if You access the administration settings of the Equipment and change any settings which cause a fault with the Service then We shall use our reasonable endeavours to resolve such fault but We shall not be liable to you for any losses resulting from such fault. This action by You shall be a material breach of this Agreement.


8.11 You or We may need to modify Your computer settings to ensure the Service operates. You should check these modifications do not invalidate any computer warranty You may have. If they do, We will not be liable for any modification carried out by You, Us or Our representatives.


8.12 Should You wish to use Your equipment in place of the Equipment with the Services, We shall not be liable to You in respect of any fault in the Service and furthermore, We shall not be responsible to test Your equipment in relation to such fault.


8.13 You must always back up Your data against loss and corruption, any loss or corruption of such data that has not been backed-up will not be Our responsibility.


8.14 We will provide the Services in accordance with the Privacy Policy and the Cookie Policy.

9. Charges

9.1 You agree to pay the Charges (inclusive of VAT) for the Service We provide You with and all other Charges that apply to You under the Agreement, by direct debit using the bank account details You provided to Us when You ordered Our Service.


9.2 You may have to pay the Charges referred to in clause 5.4.


9.3 If Your bank details change You must tell Us immediately. Failure to update Your payment details after having changed Your bank account will be a breach of the Agreement and We may suspend or cancel the Service. You will be responsible to pay Us a late payment Charge. This Charge is for the administration that We have to incur charges to chase You for payment of the Charges in addition to third party charges we incur. We may delay sending You the Equipment if Your first invoice is not paid on time and, in such circumstances, We will not be responsible for Your inability to use the Service.


9.4 On or after placing Your order We will contact You to confirm whether any engineer or connection Charges apply to connecting the Service. You agree that if an engineer visits the property in order to connect the Service in accordance with clause 11.1 and needs to add further Equipment to enable the Services to be connected, You may be charged for that subsequent Equipment.


9.5 You will be billed and the payment taken by direct debit five (5) Working Days after You have indicated that You wish to receive the Services (or, if this is not a Working Day, on the next Working Day) for the Service You order or on an alternative date as has been agreed between Us. Charges are payable monthly in advance. If You wish to change the date of payment, please email Us at [email protected]. If You do not pay the initial invoice for the Charges for the Service, then We will delay sending You the Equipment until You do pay such Charges. You will still be responsible for all other Charges that are due despite not having such Equipment. You must pay the Charges by direct debit.


9.6 You will be notified of the Charges due via Your registered email address and will be made available on Your online account. For the first month only, the Charges will be: (a) calculated on a pro-rata basis from Go-Live to the end of that first month; (b), the Charges for the second month; and (c) You may be charged the one-off Charge for delivery of the Equipment and its connection. These Charges will be collected by direct debit five (5) Working Days after You have indicated that You wish to receive the Services.


9.7 It is Your responsibility to inform Us if You dispute any of the charges in respect of the Service otherwise, We will deem that You agree to such charges. In such circumstances, where You fail and/or are late in paying the charges, We can ask You to pay a non-refundable sum of one pound (£1.00) by debit card or credit card. If Your monthly direct debit payment fails and You default on Your undisputed bill payments, You hereby expressly permit Us to use these card details as an alternative payment method.


9.8 If You do not pay Us for Our Service by the due date, We may charge You interest on the overdue amount at a rate of four (4%) per annum above the Bank of England’s base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount. You shall pay the interest together with the overdue amount.


9.9 We reserve the right to terminate the Agreement with immediate effect and charge You the Early Termination Charge if You default on Your payments. Our systems are programmed to terminate the Services on the third occasion You fail to pay the Charges on time, and the outstanding Charges, Early Termination Charges and any other Charges You owe are referred to Our debt collection agency.


9.10 If necessary and at Our discretion, We may ask a debt collection agency to collect the unpaid Charges on Our behalf and You will be responsible for the reasonable costs We have to pay to the agency. Such costs shall be added to the overdue payment, with any late payment interest that applies.


9.11 If You think an invoice is incorrect, please contact Us within forty-eight (48) hours of the date of the invoice. Once the dispute is resolved We reserve the right to charge You interest on the correctly invoiced sums from the original due date to the actual payment date.

10. Early Termination

10.1 Subject to clause 10.2, after the Cooling-off Period has expired, You may terminate the Agreement at any time on thirty (30) days’ notice by sending an email to [email protected]. or by submitting the contract form at www.earthbroadband.com/contact.

10.2 If You choose to terminate the Agreement after the Cooling-off Period and before the expiry of the Fixed Term You will be liable to pay Us the Early Termination Charges and all outstanding Charges on Your account. For example, if You terminate the Agreement in month ten (10) from Go-Live then and You pay us thirty pounds (£30) per month for the Service, You will have to pay us the Charges for the remaining two (2 ) months if the Fixed Term is twelve (12) months - 2 x £30= £60 plus, the Cease Charge and any other Charges set out in clause 5.3. If you terminate the Agreement in month eleven (11) from the Go-Live then You would ordinarily be due to pay Us for one month which is £30, however, fifty pounds (£50) is payable plus the Cease Charge as We have pay Our supplier this amount.


10.3 You may terminate the Agreement by giving Us not less than thirty (30) days’ written notice to take effect on expiry of the Fixed Term or a subsequent thirty (30) day period as referred to in clause 10.11. No Early Termination Charges shall be payable under these circumstances but You will have to pay any outstanding Charges, the Cease Charge and any Charges referred to in clause 5.4, where applicable.


10.4 We may terminate the Agreement or suspend the provision of Services to You immediately on notice if:

  • five (5) days have passed where You have failed to pay any Charges due after We have sent You a reminder to pay;

  • You become bankrupt, enter any arrangement with Your creditors, or if any legal action is taken or threatened against You or Your property;

  • We have reason to believe that You have provided Us with false, inaccurate, or misleading information or are using Our Services fraudulently;

  • You are abusive to, become a nuisance (in our reasonable opinion) or otherwise act inappropriately towards Our personnel or contractors;

  • You are in material breach of the Agreement and where You can remedy the material breach, You fail to do so on seven (7) days’ notice form Us;

  • pursuant to a breach under clauses 7.4 and 7.5.

10.5 You may terminate the Agreement:

  • on not less than thirty (30) days’ notice to expiry on expiry of the Fixed Term;

  • if We change the Agreement or Service under clause 13.3 within ten (10) days’ of receiving our notice of the changes where such changes will have a negative material impact on You.

  • if We are in material breach of the Agreement and where We can remedy the material breach, We fail to do so on seven (7) days’ notice from you.

10.6 Where We terminate the Agreement due to Your fault under clause 10.4, You will be responsible for the Early Termination Charges.

10.7 Where You terminate the Agreement due to Our fault under clause 10.5, You will not be responsible for the Early Termination Charges but You will have to pay all outstanding Charges up to the termination date

10.8 We may temporarily suspend the Services or part of them immediately on notice to you if we need to:

  • carry out maintenance, technical repair, upgrades, or emergency work; and

  • take any measures to protect the security of our network.

10.9 If We suspend the Services or part of them under the Agreement, We will give You as much notice as possible, minimise the impact of the suspension on Your use of the Services and Equipment and restore the Services to You as soon as We can.

10.10 During any temporary suspension, You may still have to pay the Charges that You owe us.

10.11 No less than thirty (30) days before the end of the Fixed Term We will send You notice by email confirming the date on which the Services are due to terminate and any new offers in relation to the Charges and/or Services are available to You at that point. If You wish to renew the terms of the Agreement on the basis of the new Servies and/or Charges then the Agreement will automatically continue for thirty (30) day periods at a time. You may terminate the Agreement on thirty (30) days’ written notice to expire on expiry of the Fixed Term or each such thirty (30) day period. If You do not wish to renew the terms of this Agreement then You may terminate it in accordance with clause 10.3.

10.12 On termination of the Agreement, You will be charged, amongst other things where applicable as set out in this Agreement, the Cease Charge to disconnect the Service and You must within seven (7) Working Days return to Us, at Your expense, the router in its original box, in good working order with all the original cables. You must attach Your full name and address on the outside of the parcel, without causing any damage to the box, and email proof of postage to [email protected]. Our returns address is:

Earth Broadband Returns

4 Pedlars Walk

Ringwood

Hampshire

BH24 1EZ


If You do not comply with this clause then clause 5.4 applies.


10.13 On early termination or cancellation of this Agreement and/or Service, We may offset any Charges on account that We may owe to You against any Charges You owe Us. If there is any excess then We will reimburse You with these remaining Charges. If there are no excess Charges and You still owe Us further Charges, We shall inform You how much You owe Us and You shall pay these additional Charges in accordance with the Agreement.

11. Engineer Visits

11.1 We will confirm with You the date and time an engineer will attend Your property to either install or repair the Services. The engineer may phone You approximately thirty (30) minutes before his/her arrival, at the address given.

11.2 You must contact Us forty-eight (48) hours before Your appointment if You wish to cancel or rearrange it.

11.3 We will charge You a missed appointment Charge for an engineer visit, if:

  • You provide an incorrect address;

  • the engineer is unable to gain access;

  • on reporting a fault, an engineer attends Your property and discovers the fault was not due to Our Services or Equipment or, the reported fault was not present;

  • You are not at the property and miss the appointment through Your own fault; or

  • You have to leave the property prior to the engineer completing his/her works.

The Charges referred to in this clause 11.3 are set out in the Price Guide.

11.4 You shall notify Us of any material fault in the Service and We shall use all reasonable endeavours to remedy the fault as quickly as practical.

12. Liability

12.1 Under the Agreement, if things go wrong, We will always try to put them right.

12.2 We will always be responsible for:

  • death or personal injury from Our negligence;

  • any rights available to You as a consumer, for which We must always be liable by law;

  • and anything We are liable for under the terms of the law.

12.3 We will never be responsible for:

  • any business losses. The Service provided to You under this Agreement is for domestic and private use by You or members of Your household. If You use the Services for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • data which is transmitted across Our network. We have no control over the data which passes to You or from You over the internet and We are not responsible for any loss or damage to that data.

  • any Equipment arriving late or if delivery of the Service is delayed, We will work alongside Our couriers and network partners and provide You with the next available date;
  • personal financial losses;
  • losses where You log into the administration settings of the Equipment and as a result You lose Your data and/or access to the Service; or
  • Your use of Your wireless router or equipment to access any other internet service; or Your use of any modem, wireless router, or any other equipment that We have not supplied to You.

12.4 Where We are responsible for loss or damage under the Agreement:

  • You must always do Your best to reduce any losses, damage or costs You may incur; and

  • Our total liability to You for the loss or damage You suffer as a result of breaching this Agreement shall be limited to the total Charges You paid under the Agreement for each twelve (12) month period commencing from signature of it.

12.5 You will indemnify us for any sums paid out, or for any losses relating to the following:

  • costs and expenses incurred for the purposes of remedying any breach by You of the Terms and Conditions, including (but not limited to) costs and expenses incurred for debt recovery and/or legal proceedings.

  • any claims of legal proceedings which are threatened against Us by a third party in respect of (but not limited to) breach of contract or fraud, which are attributable to Your use of the Service.

13. Changes

13.1 We may change this Agreement and Service.


13.2 If We do make any changes, We will tell You about this in writing or post the revised Terms and Conditions on the Website. We will provide You with notice of the proposed changes at least thirty (30) days before they become effective. Continued use of the Service after the notice period for the changes will constitute Your acceptance of them.


13.3 We will give You at least thirty (30) days’ notice of any changes We make to the Agreement unless it is: (i) exclusively for Your benefit; (ii) purely administrative and has no negative effect on You; or (iii) directly imposed by law or Our suppliers; in such circumstances You shall have no right to terminate the Agreement without liability to pay the Early Termination Charges. Notwithstanding the foregoing, if We notify You of any changes pursuant to this clause and such changes will have a negative material impact on You, You may terminate Our Agreement within ten (10) days’ of receiving such notice without liability to pay the Early Termination Charges.


13.4 We may increase the Charges under this Agreement once the Fixed Term has expired by the rate of inflation consumer price index plus 3.9%.

14. Returning Faulty Equipment

14.1 Please email [email protected] to report faulty Equipment BEFORE You return it. You must return any item of Equipment that You either:

  • report to us as faulty;

  • We tell You is faulty; or

  • requires replacement for technical reasons.

You must attach your full name and address on the outside of the parcel, and email proof of postage to [email protected]. Our returns address is:

Earth Broadband Returns

4 Pedlars Walk

Ringwood

Hampshire

BH24 1EZ


14.2 If within seven (7) Working Days of Us replacing faulty Equipment You have not returned the faulty Equipment, we may either:

  • suspend or restrict access to any Service that we provide to You until the relevant Equipment is returned; or

  • seek to recover our costs in respect of that Equipment.

15. Giving Back

15.1 When you sign up as an Earth Broadband customer for the Service, We will:

  • plant a Tree every month through one of Our trusted reforestation partners; and

  • automatically enrol You into the Earth Hero Scheme although We will pay the Charge for the first month’s subscription.

15.2 The trees for planting will be gifted to local communities in Madagascar to manage.

15.3 You may cancel Your subscription to the Earth Hero Scheme at any time on notice by following the instructions on the Website.

15.4 We will report on the Website where the Trees have been planted and how many have been planted.

15.5 We reserve the right to alter the number of Trees planted upon giving You notice, depending on the advice from such reforestation partners.

16. Moving Home

16.1 If you are moving to a new address, please email Us at [email protected]. with at least 2 weeks' notice of the change of address so that We can tell You what options You have for Your Service and what charges You may have to pay.

16.2 If We do not do or cannot provide the Service at Your new address, You will bel liable to the pay the Early Termination Charges including any outstanding Charges incurred.

16.3 If You ask Us to provide Our Service to Your new address the transfer of Service will be subject to You taking the Equipment with You to Your new address and depending on the Service availability in the new area You may be charged for any work Our network partners may be required to carry out. If You do not take the Equipment to Your new address You will need to pay the Charge for the new Equipment and all the Charges referred to in clause 5.4.

16.4 A new Fixed Term for the Service will start from the date of Go-Live at the new address.

17. Intellectual Property Rights

17.1 Ownership of all intellectual property rights in the Equipment and all software or hardware systems required to use and operate, or which form part of, any of the Service are the exclusive property of Us or Our licensors.

17.2 Your right to use the Equipment and any such software and hardware systems are subject to the Agreement. You agree not to use the Equipment and any software and hardware systems for any purpose other than using and accessing the Service. Except as expressly permitted by copyright law, You have no right to copy, adapt, reverse engineer, decompile, disassemble, modify, or adapt the Equipment or any such software and hardware systems in whole or in part.

18. Third Party Services

18.1 If You choose to purchase additional, paid for services that are available to You via Our own Service from a third party, We will have no liability to You for the quality or performance of that third party service.

19. Your Privacy

19.1 Protecting Your privacy is important to Us. Please read our Privacy Notice at www.earthbroadband.com/legal/privacy to understand Our practices concerning Your personal data and how We will treat it. By using the Service and Our Website You confirm that You understand We will process Your personal data in accordance with the Privacy Notice.

20. Complaints

20.1 We aim to provide You with the best level of Service.

20.2 If You are not happy with the Service please email Us at [email protected] or by using the "Contact Us" form available on Our website www.earthbroadband.com/support/submit-ticket. The quickest way to contact Us is via live chat on the Website.

20.3 We will try to resolve Your complaint during an initial call. If this is not possible, We will agree a course of action with You, with clear timeframes.

20.4 If We have not reached an agreed settlement within eight weeks of receiving Your complaint, or We agree in writing before the eight weeks is up that the dispute should be settled by independent adjudication, You can refer Your complaint for independent consideration through Alternative Dispute Resolution by the Communications and Internet Services Adjudication Scheme (CISAS) at www.cisas.org.uk. This service is free of charge.

20.5 You can contact Us by emailing Us at [email protected], calling Us on 020 4587 3527, or by visiting the Website and completing the “Contact Us” form.

20.6 If We need to contact You about the Service, We will do so by writing to You at the email address You have provided to Us in Your Order Summary. Please do let Us know if Your contact details change.

21. General

21.1 You may not transfer Your rights or obligations under this Agreement to anyone else.

21.2 We can transfer Our rights or obligations under this Agreement between Us to any company, firm or person provided this does not affect Your rights under this Agreement in a negative way.

21.3 Each clause in this Agreement operates separately. If any clause cannot be enforced, the remaining clauses will still apply.

21.4 No third party has any rights to enforce the Agreement.

21.5 Where We or You are required under this Agreement to give notice in writing, notice can be given by email.

21.6 If either party fails to exercise a right they may have under these conditions, it does not mean that right is waived.

21.7 We are not responsible for failing to do what We promise under the Agreement if this is due to matters beyond Our reasonable control (such events include but are not limited to severe weather conditions, war, government action, epidemic, or terrorist activity).

21.8 This Agreement is governed by and subject to the laws of England and Wales. The Courts of England and Wales have jurisdiction but if You are a resident of Scotland or Northern Ireland, You may bring a claim in the local courts there.