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Terms and Conditions

Definitions Gigler Limited (“Gigler”, “we”, “us”, “our”) is an internet service provider registered in England (company no. 06555306) and our registered office is at 15 Bedford Street, London WC2E 9HE. These terms and conditions (together with the Fair and Acceptable Use Policy, the Privacy Policy and the Prices) set out the basis of the relationship between you and us in respect of your use of Gigler™ fibre broadband services.

In this Agreement the following words and expressions shall, unless the context otherwise requires, have the following meanings:

“Agreement” means these terms and conditions and any other part of the Gigler website referred to in the terms (as may be amended from time to time).

“Charges” means the charges to be paid by you to us for your use of the chosen Service.

“Commencement Date” means the date on which the Service has been activated at your house.

“Equipment” means any Gigler equipment supplied by us to you in connection with the Service, including a data cable and wifi router.

“Minimum Period” means the minimum period stated in our Prices relating to your chosen Service.

“Service” means the Gigler fibre broadband service selected by you.

SERVICE AVAILABILITY

Gigler fibre broadband service may be available to you if (i) you are at least 18 years of age and (ii) your house is located in an area in the UK where Gigler fibre broadband is available.

Once you have placed an order to receive Gigler fibre broadband Service, we will send you confirmation of when our engineer will visit your property to connect you to our network. You are entitled to a ‘cooling off’ period of either 14 days from when you order the Service or at any time up before 3:00pm on the day before your scheduled installation date (whichever is the earliest) without incurring the early termination charge, but we may charge you a cancellation charge to cover the reasonable costs we have incurred up to that point in connecting your property – please refer to our Prices for this cancellation charge.

When our engineer arrives at your property at the scheduled time, you will be responsible for ensuring that you or someone acting on your behalf over the age of 18 will be present to accompany us. If our engineer arrives at a scheduled time to carry out an installation and is unable to access your property for any reason, you will be responsible for reimbursing to us the abortive visit cost set out in our Prices and we will then arrange a suitable alternative installation time.

Whilst we will endeavour to install Gigler fibre at the time of our first scheduled visit, we will not be liable to you for any reason as a result of any failure or delay in the installation of your Service.

You will be responsible for obtaining any permission or consent to install fibre across your property and a connection box on an outside and inside wall of your property (such as the consent of you or your landlord) when the engineer attends your property. We will not be able to make the Service available to you until such permission has been granted.

USE OF GIGLER FIBRE

By placing an order to use Gigler fibre broadband, you are committing to use the Service for the Minimum Period from the Commencement Date. If you wish to cancel your use of the Service during that Minimum Period, we may charge you an early termination charge as set out in our Prices.

Your use of the Service must be in accordance with our Fair and Acceptable Use Policy and must be strictly for residential purposes by you and anyone in your property authorised by you to use the service on your behalf. You may not use the Service for business purposes nor may you charge others for their use of your Service. If you do not use the Service in line with our Fair and Acceptable Use Policy, we reserve the right to reduce or suspend your use of the Service in line with our Fair and Acceptable Use Policy.

If during any month of Service it seems that you might exceed the usage limit associated with your chosen Gigler fibre product, we may email you before you reach the applicable usage cap and give you the option of either upgrading to a higher usage package or purchasing a data top up for that month in line with our Prices. If you do not choose to upgrade to a higher usage package, or if we consider your use of the Services to be abnormal and affecting other customers’ use of our services, we may reduce the upload and download speed of your Service in line with our Fair and Acceptable Use Policy.

The speed of the service quoted to you when we install your Service is an estimate. For information on the actual speed of the Service you will be receiving, please refer to our FAQ.

EQUIPMENT

We will be supplying you with Equipment in order for you to use the Service. Title to any such Equipment will remain ours at all times whilst you use the Service – you will be leasing it from us. You agree to take good care of, and not to misuse, any Equipment. When your use of the Service comes to an end, we will either arrange an appropriate time with you for us to collect the Equipment from you at your property or send you a prepaid return envelope to return the Equipment to us. If we have not received Equipment within 30 days after your use of the Service has come to an end, we will charge to your credit card or debit card a fee in line with our Prices for the Equipment which you will then own and will be provided to you on an ‘as is’ basis without any warranty or right to repaired or replaced equipment.

If any of the Equipment is faulty, please notify us and we will either let you know where to send the faulty Equipment or collect it from you. When we have received the faulty Equipment, we may inspect and test it for faults and, if it is found to be operational we will return it to you and we may charge you a fee to cover our costs of inspection, postage and packaging. If it is found to be faulty, we will repair or replace it, although if it is apparent from an inspection that the fault has been caused by your misuse of the Equipment we will charge you for the replacement item in line with our replacement charges at Prices.

You shall ensure that any of your equipment that is connected to our Equipment is safe and of satisfactory quality.

PAYMENT

When you have placed your order, a connection fee for connecting your property to our network in line with our Prices will be charged to your debit card, credit card or direct debit account, details of which you will have provided either on subscription or via Customer Portal.

Once the Service has been activated, you will be responsible for paying the recurring monthly charges applicable to your Service from the Commencement Date onwards. These monthly recurring charges will be payable monthly in advance and your monthly bill will be posted to your online Customer Portal for your use of the Service in that month. Your first bill will be calculated on a pro rata basis for each day from (and including) the date of activation until the end of the month.

Each bill will be payable on the due date for payment and shall be charged to your debit card, credit card or direct debit account. We may contact you from time to time for updated payment details, and we reserve the right to vary the payment method from time to time and to charge you a handling fee for opting to pay by certain methods.

If you fail to pay any bill on the due date for payment for any reason, we will charge you interest on a daily basis at the rate of 2% per annum above the base rate of Barclays Bank plc from time to time until the bill is paid.

If you do not pay any bill within 14 days of the payment date, we may immediately suspend your use of the Service and charge you for the outstanding amounts due and payable, together with late payment interest, reasonable debt collection fees (of either a third party debt collection agency collecting payment on our behalf, or our own internal debt collection charges) and any applicable early termination charge set out in our Prices.

In addition to the connection charge and recurring monthly charge, other charges that may be payable by you for your use of the Service include cancellation fee (clause 2.2), data top up fee (clause 3.3), early termination charge (clause 6.1), abortive visit fees (clause 2.3) and Equipment fees (clauses 4.1 & 4.2).

Stated charges are inclusive of VAT. You will be liable to pay VAT and any other tax, government or regulatory charge imposed and payable in respect of your use of the Service.

Our prices are published on the website at Prices and may change from time to time. If we change the price for your Service at any time, we will notify you by email, text message or post at least 30 days before the change takes effect.

CANCELLING YOUR SERVICE

Once the Minimum Period has come to an end, you may cancel the Service at any time by issuing to us 30 days’ written cancellation notice. Should you wish to cancel the Service during the Minimum Period, an early termination charge will be payable in line with our Prices (unless you are cancelling the Service in line with clause 2.2, 6.2 or 6.4 of this Agreement), together with any other outstanding charges that are in arrears when the Service is deactivated. You may also be charged the early termination charge if we notify you that we are bringing your use of the Service to an end as a result of your breach of these terms. The early termination charge is your monthly charge, multiplied by the number of months remaining in your Minimum Period, minus any costs which we will no longer be required to pay for providing your Service.

For as long as the ‘6 Months Quibble Free Guarantee’ offer remains available to customers via our website, we shall waive the early termination charge if you notify us in writing at Gigler Limited, 15 Bedford Street, London WC2E 9HE that you wish to cancel your use of the Service during the first six months following the date on which your property was activated for the use of Gigler services. We will then let you know when we will be deactivating your Service, after which time we will continue to charge you for your use of the Service up to (and including) the date of deactivation, we will reimburse you the connection fee you paid to us in line with Clause 5.1 and we will waive the early termination charge (though other charges will remain payable). This offer is not available to you if a similar offer has previously been taken up by you or another representative of your property in respect of Gigler services.

If you move home during the Minimum Period, you may continue to use the Service at your new address without triggering a new minimum period, provided that Gigler fibre is available at your new address, that you pay a connection fee in line with our Prices for the installation of Gigler fibre to your new address and that you comply with these terms and conditions in so far as they relate to connection.

If we notify you of an increase in any of the Charges during the Minimum Period, you may cancel the Service without having to pay an early termination charge if you notify us within 30 days of the increase that you wish to cancel your Service on the basis that (i) the recurring monthly charge has increased by more than the annual increase in the Retail Pricing Index at the time (which we can confirm to you on request), or (ii) the overall Charges payable each month have increased by more than 10%.

CHANGES

These terms and conditions may change from time to time and any changes will be posted on our website. If we consider any changes to be material to your Service, we may also give you notice in writing by email, SMS or post to before any such changes come into effect.

Where any change to the terms and conditions affect the price payable by you for the Service, clause 5.8 will apply.

USE OF YOUR INFORMATION

When you sign up for and use the Service, you will be providing us with some of your personal data and information and you will be consenting to us holding and using your personal data and information in line with our Privacy Policy and for the following purposes: to help us to make the Service available to you;

for billing, debt recovery and administration purposes relating to your account (we may also make your information available to third party debt recovery agents for such purposes);

for market research and product analysis; and

to carry out credit checks and to make information available to banks and credit reference agencies in connection with fraud and crime prevention and detection.

We may also use your personal information to contact you by email, post, SMS or telephone about our products, services and offers, and those of third parties. Should you wish to opt out of receiving these updates, you can let us know by contacting us as set out in our privacy policy.

NOTICES

Notices required to be given by us to you will be sent to the email address you provide to us when you sign up to receive the Service, or such other email address you provide us with from time to time. Notices sent to you by email shall be deemed to have been received by you on the day after the date of transmission.

Notices from you to us must be sent by calling our customer contact telephone number displayed at About Us or by posting a written notice to us at the address shown at About Us and will be deemed to have been received on the day after the date of the phone call if served by calling our customer contact centre or 48 hours after posting if sent by first class post.

QUALITY OF SERVICE

Whilst we will aim to supply continuous Service to your house, we cannot guarantee that the network or the Service will be available and uninterrupted at all times. We will take reasonable steps to repair faults to the Service as quickly as we can and to inform you when they have been resolved.

We may need to change the specification of our network for operational or technical reasons from time to time and we will seek to give you prior notice of any steps that might materially affect your use of the Service whilst we are undergoing such changes. Your use of the Service may need to be temporarily suspended as a result of us taking such steps.

If you experience a total loss of Service caused by us which continues for a period of 5 consecutive days, you shall be entitled to request a service credit equal to an amount representing the daily rate of the monthly recurring charges at the time for each day on which Service is lost, which shall be credited against your next month’s bill if you have immediately informed us of the loss of Service and you have requested the service credit within 2 days of service being restored.

LIABILITY

We do not limit or exclude our liability to you for fraud, or for personal injury or death arising from negligence.

Except as set out in this Agreement, we do not accept liability for any loss of or delay to the Service or for any loss of or corruption to information.

Subject to clause 11.1 we do not accept any liability to you for any loss that is reasonably unforeseeable nor any indirect or consequential losses or damages (such as loss of profits, data, business, revenue, expenses or costs).

Save as set out in clause 11.1, our liability to you (whether under tort, contract, statute or otherwise) shall not exceed £5,000 in respect of any single event or series of events in any 12 month period during the term of this Agreement.

We do not own, and do not accept liability in respect of, the physical fibre network connected to your property that is owned by a third party network operator.

TRANSFER

We may transfer the whole or any part of our rights and benefits under this Agreement at any time without your prior consent.

You may not transfer the whole or any part of your rights and obligations under this Agreement without our prior written consent.

GENERAL

This Agreement (as amended from time to time) represents the entire understanding between us and you in relation to the Service. Neither we nor you have made any other representations (whether oral or written) which the other party has relied upon in entering into this Agreement in relation to the Service.

If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

The failure or delay of either party to enforce or to exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to these terms and conditions does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect either party’s right later to enforce or exercise it, nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of the same or the exercise of any other remedy, right, power or privilege.

The termination or expiry of this Agreement shall be without prejudice to the rights of either party, which have accrued prior to termination or expiry. Clauses that are expressed to survive or which are by implication intended to survive termination or expiry of this Agreement shall so survive.

Nothing in this Agreement confers any rights or benefits on a person who is not a party to this Agreement whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These terms and conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English law courts.

Any dispute arising under these terms and conditions shall in the first instance be dealt with in accordance with our Code of Practice.

Gigler is a trade mark of CityFibre Holdings Limited.

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