toob home broadband terms and conditions

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toob home broadband terms and

conditions

1. About us

We are toob Limited, a company incorporated in England with company registration

number 11051348. Our registered office is at Building 4000, Lakeside, North Harbour,

Portsmouth, PO6 3EN.

You can contact us by emailing us at helpdes[email protected] or by calling our customer

support team on 0800 368 9458.

We only operate in the UK and these terms are governed by English law.

2. These terms of service

These terms are for customers who have purchased or ordered our home broadband

service.

Please read these terms carefully as they are the terms and conditions on which we

supply our home broadband service to you, and they contain information regarding

the Service. You will be responsible for paying the charges for the Service that we

supply to you. Your Agreement with us comprises the following:

- These terms

- Your Service Activation email

- Your Order Confirmation email

- Our Charges and Fees document (www.toob.co.uk/legal)

- Our Acceptable usage policy (www.toob.co.uk/legal)

If any of these documents contradict each other, the document higher up the list

takes priority.

You should also look at our Privacy Policy (www.toob.co.uk/privacy-policy) regarding

how we use personal information.

3. Key terms

• You have a Minimum Contract Period as stated in your Order Confirmation

email. If you want to end the Agreement before the end of this term, then you

may be charged an Early Termination Fee in accordance with this Agreement.

• Unless the Service has already been installed at your home, you will require an

engineer visit to connect your home to our full fibre network and install a fibre

termination point and router in your home.

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• You must have permission from the homeowner or landlord before installation

can take place.

• You can cancel your order at any time up to 2pm the day before your

scheduled installation date at no cost and you can leave up to 14 days after

the Service has been activated without incurring any Early Termination Fees.

• We provide a broadband only Service. The Service does not include any

telephony. If you require a telephone service, it can be provided by a third-

party voice over internet protocol (VOIP) provider.

• You understand, acknowledge and agree that you should always have a way

to contact emergency services in the event of a power outage, for example,

by mobile telephone, as a VOIP phone service provided over broadband will

not function.

4. Placing an order

You can place an order for the Service:

- On our website (www.toob.co.uk)

- Over the phone with one of our customer service agents (0800 368 9458)

We can only accept orders to properties where the Service is available (see our

service availability checker on our website www.toob.co.uk).

When you place an order, you are making an offer to buy the Service specified in the

order, subject to these terms. You will need to arrange an appointment for the

installation of our network equipment. You will be provided with your toob wi-fi router

at the point of installation.

When placing an order, we will require:

- The address of the property to which the Service that you order will be provided

- A valid email address for you, which we will use to contact you with any

information regarding the Service

- A valid mobile phone number for you

- Your acceptance of an installation appointment day and time

- You to set up a Direct Debit to pay the charges for the Service

Once we have received your order, we will send you an Order Confirmation email to

the email address you provided to us. This will be our acceptance of your order and

will confirm the home broadband service you have signed up for, including:

- Any Upfront costs – see section 10

- Monthly recurring costs – see section 10

- Any Minimum Contract Period – see section 5

- Planned service installation date – see section 7

- Your order number

- A copy of these terms and conditions

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If we need to contact you in connection with the Service, we may do so by phone or

by writing to you at the email address you provided to us in your order. We may also

send customer service announcements to you by email or text to your mobile phone.

You agree that you are responsible for ensuring that the contact details you provided

are accurate and kept up to date, and you are responsible for notifying us if you do

not receive your Order Confirmation and Service Activation emails. Please see our

If after an order is placed, we are unable to provide you with the Service for any

reason then we will inform you via email or phone. In this case, any scheduled charges

will be cancelled.

Our acceptance of your order will take place when we email you the Order

Confirmation, at which point the Agreement between us will come into existence. By

placing an order, you accept these terms and this Agreement.

5. Contract period

Your Agreement with us may include a Minimum Contract Period which is detailed in

your Order Confirmation and which starts on the Activation date (for new orders) or

on a date as detailed in the Order Confirmation (for changes, upgrades and

renewals). During this Minimum Contract Period, you must keep and pay for the

Service unless you or we can end the Agreement earlier.

The Service will continue after the Minimum Contract Period unless you choose to

terminate the Agreement in accordance with these terms.

We will contact you at least 30 days before the end of your Minimum Contract Period

to remind you of your Minimum Contract Period end date, the price you have been

paying before this date, any changes to the Service and charges payable after the

Minimum Contract Period, your notice period for ending the Agreement and our best

deals available to you at the time.

6. Your rights to cancel the Service and end the Agreement

6.1. Before installation

You can, at any time up to 2pm the business day before your scheduled installation

date, contact us to amend your installation date or cancel your order at no cost.

6.2. Within your Cooling off period

After the Service has been activated, you can still cancel your order within 14 days of

your Activation date by calling customer services or by filling in the customer

cancellation form found on our website (www.toob.co.uk/legal). You will be refunded

the fee for your first month of service, you will not be refunded any Installation fee. This

is in addition to your legal right to change your mind up to 14 days after you receive

your Order Confirmation, in accordance with the Consumer Contracts Regulations

2013. You understand that by selecting an installation date within 14 days of receiving

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your Order Confirmation, we may keep your installation fee if you cancel within the

first 14 days of your activation date.

6.3. Within your Minimum Contract Period

If you wish to cancel the Service and end the Agreement with us after the cooling off

period but within the Minimum Contract Period, you must contact us at least 30 days’

before the date you wish your cancellation to take effect; the date on which your

cancellation takes effect will be your Cancellation date. You may be required to pay

an Early Termination Fee (ETF), which will be calculated by multiplying the number of

full months left on your Minimum Contract Period after your Cancellation date by our

Monthly early termination charge as detailed in section 10.3 of these terms.

6.4. When you move house

6.4.1. To a property where the Service is available

If you wish to continue with the Service, you may be required to start a new contract

period for the new home. If you then choose to cancel your new Agreement in the

first 14 days of activation of the new Service, and you were still within your minimum

term of your previous Agreement, you may have to pay Early Termination Fees for the

remainder of your previous Agreement.

If you do not wish to continue the Service and are still in your Minimum Contract

Period, then you may be required to pay Early Termination Fees as detailed in section

10.3 of these terms.

6.4.2. To a property where the Service is not available

If you are still within your Minimum Contract Period and you move to a home where

the Service is not available, you will not be charged Early Termination Fees. We may

ask you for proof of your move to confirm that the Service is not available at your new

home.

6.5. Because of our quality of service

If the quality of the Service is materially degraded, for a period of more than 30 days,

or if we don’t do something fundamental that we should have done under this

Agreement, you may be entitled to end the Agreement early without incurring an

Early Termination Fee.

6.6. Because of changes we make

If we change the Service or the Agreement (to your material detriment), except

where any increase or change is required by law or any regulatory authority, then you

may end this Agreement early without incurring an Early Termination Fee. We will let

you know if this is the case and what you need to do before the changes are made.

If you take no action within 30 days of us informing you of the changes you will be

deemed to have accepted those changes.

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6.7. After the Minimum Contract Period

If you are outside of your Minimum Contract Period, you can cancel the Service and

end the Agreement at any time without any Early Termination Fee. The Service will

continue till the end of your current Billing period unless you are within 7 days of your

next Bill date, in which case the Service will end at the end of your next Billing period.

7. Installation

If you do not have toob equipment installed in your home when you order the Service,

then an engineer will need to install it during the appointment arranged in the order

process.

You confirm that you have the permission from the homeowner or landlord for us and

our installation partners to install, operate and maintain, in your home, the equipment

necessary to provide the Service you have ordered. If you do not allow the engineer

to access your home as arranged and without good reason, the installation may be

cancelled, and you may be charged a Missed appointment fee.

When the engineer arrives at your home, they will discuss and agree with you the

external fibre route across your property, the entry point into your home and the

placement of the toob fibre box and wi-fi router within your home. If you do not agree

to the installation, then the installation may be cancelled, and toob will not be liable

for any failure to provide you with the Service. Two mains power sockets are required

for installation, one for the Fibre termination point and one for the wi-fi router.

The engineer may not be able to complete the installation in the appointment slot

due to safety, technical or other reasons. If it is possible to complete the installation at

a further appointment and you still wish to receive the Service, a further appointment

will be arranged. If these reasons mean that the Service cannot be installed, your

order will be cancelled at no cost to you and toob will not be liable for any failure to

provide you with the Service.

Installation of the Service must be in the main structure of your home. We will not be

able to install the Service in garages or outbuildings.

Once the engineer has installed the network equipment they will plug in and start your

toob wi-fi router and ensure your router is connected to our network and is receiving

expected download and upload speeds. If required or requested, the engineer will

provide you with evidence of these speeds once the installation is complete.

More information regarding installation can be found on our website

(www.toob.co.uk).

You or another person over the age of 18, authorised by you, must be present during

the installation.

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8. Equipment

As part of the installation we will need to install a Fibre termination point and a toob

wi-fi router in your home.

The Fibre termination point belongs to us and should not be removed from your home

without our prior consent or knowledge.

While you are a customer of toob we will maintain and repair or replace any defects

or faults in the equipment in your home that we have provided to you, so that you

can continue to receive the Service, including the toob wi-fi router and Fibre

termination point.

If the router is damaged due to misuse or neglect and you wish to receive a

replacement router you can do so and may be charged the Service restoration fee.

If the Fibre termination point is damaged due to misuse or neglect, then you must

report it to us as soon as possible and you may be charged the Service restoration fee

for the installation of a new Fibre termination point.

The toob wi-fi router will belong to you from the point of Service activation. You may,

if desired, replace your toob wi-fi router with another router of your choice. We are

not responsible for the maintenance or repair of any third-party equipment

connected to our network or for any degradation in service caused by any third-party

equipment. We request that you retain your toob wi-fi router as we may need you to

reconnect it to assist us in diagnosing any faults. You must not connect any equipment

to our network that may harm it, or anyone else’s equipment or Service. If you wish to

dispose of your router, you are responsible for doing so in a responsible way.

9. The Service

The Service we provide to you in accordance with this Agreement is set out in your

order and includes:

1. an installation service to connect you to our full fibre network,

2. internet access through our full fibre network,

3. a toob wi-fi router.

We cannot guarantee fault free performance and the Service may be affected by

factors outside our control for which we will not be liable. We will always try to fix faults

as soon as possible when they do occur. If faults with the Service persist you may be

able to terminate your Agreement without any Early Termination Fees.

The actual speeds experienced on your devices may be affected by the limitations

of wi-fi, including wi-fi positioning, wall thickness, interference and device capability.

The Service does not include any telephony. If you require a fixed telephone service,

that runs over the Service (voice over internet protocol or VOIP) it can be provided by

a third-party VOIP provider.

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You understand that you should always have a way to contact emergency services,

for example, by mobile telephone, as a VOIP phone service will not function in the

event of a power outage.

If you require, and are dependent on, a fixed telephone service, please contact our

customer support team. They will discuss your requirements and if necessary, we will

provide you with a battery backup unit so that you can contact emergency services

via a VOIP telephone service in the event of a power cut. If you are deemed to be

dependent on a fixed telephone service to contact emergency services, this unit will

be provided free of charge.

Information on traffic management is available on our website

(www.toob.co.uk/legal).

The internet address allocated to you may be changed at any time. It will always

belong to us and cannot be sold or transferred to anyone else.

10. Charges and payment terms

The following section details the terms surrounding the charges and fees you may

incur as part of the Service. Details of all the fees and charges you may incur can be

found in your Order Confirmation email and in our Charges and Fees document

(www.toob.co.uk/legal). Our charges are inclusive of VAT.

10.1. Monthly service fee

This is the fee charged monthly, in advance, for the next Billable month of service. Your

bill will be on your Bill date. Payment will be taken by Direct Debit, as set up during the

order process. Payment will be taken on, or shortly after, the Due date on the bill. No

payment will be taken until after the Service is installed and active.

You confirm that you have permission to set up a Direct Debit using the details

provided during the order process.

10.2. Upfront costs

10.2.1. Installation fee

This is a one-off fee included in your first bill and Direct Debit payment. This fee goes

towards covering the cost of the engineer visit to your home to install the Service and

the equipment installed in your home.

10.2.2. Additional installation costs

If your home requires a non-standard installation and we need to incur additional

costs, we may pass some or all these costs on to you. These costs will be made clear

to you before any installation work takes place. By proceeding with the installation,

you agree to pay these costs and they will be included in your first bill and Direct Debit

payment.

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10.3. Other fees

The following charges and fees are set out in our Charges and Fees document.

10.3.1. Missed appointment fee

If you are unable to attend your installation appointment and fail to inform us before

2pm on the business day before the scheduled Installation date, you may be charged

a Missed appointment fee to cover the cost of the engineering resource allocated to

your installation.

10.3.2. Early Termination Fee (ETF)

If you wish to cancel the Service before the end of your Minimum Contract Period in

accordance with section 6 of this Agreement, you may have to pay an Early

Termination Fee, which will be calculated in accordance with section 6.3. Your final

bill and Direct Debit will consist of the regular monthly fee for the month in which the

Service is ending and the Early Termination Fee for the remaining months.

For example, if your Cancellation date is part way through month 5 of the Service your

final bill will be:

£25 (for month 5) + 13 x £18 (for the remaining 13 months of your contract) = £259

10.3.3. Service restoration fee

If the Service stops working and cannot be fixed remotely by our customer service

team, we will send an engineer to your home to get the Service working again. If the

fault in the Service is caused by damage to or misuse of the Network equipment, then

you may be charged the Service restoration fee.

In extreme circumstances where the costs we incur in restoring the Service significantly

exceed the Service restoration fee, we reserve the right to pass on to you some or all

the additional costs we incur.

10.3.4. Late payment fee

If you fail to pay the value of any outstanding bill by the Due date, you may be

charged a Late payment fee.

11. Changes

We may be required to make minor changes to the Service or these terms to reflect

relevant changes to the law or regulations or to implement minor technical or

operational adjustments or to add new services. We will inform you of any changes to

the terms via email.

We will not change your Monthly service fee during your Minimum Contract Period.

An exception to this would be if the rate of VAT changes during the Agreement, in

which case we will adjust the rate of VAT that you pay, and you will see this on your

bill. We may review and change our other charges and fees from time to time based

on changes in actual costs that we incur.

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12. Suspension of service and our rights to end the

Agreement

12.1. Failure to pay

If you fail to pay the full value of your bill by the due date, as stated on your bill, and

still do not make payment within 7 days of our reminder to you that payment is due

we will reduce the Service to 1Mbps download and upload speed until full payment

has been received. If you still do not pay within 14 days of the reduction, the Service

will be disconnected, and you may be liable to pay the Early Termination Fees as

detailed in section 6.3 above.

We reserve the right to undertake any legal action necessary to reclaim the value of

any outstanding bills or charges.

12.2. Unacceptable usage

If we consider that you are in breach of our Acceptable Usage Policy (AUP), we will

act as detailed in our policy (www.toob.co.uk/legal).

12.3. Other reasons

We may suspend the Service or end the Agreement if you (i) don’t do something

fundamental that you have to do under the Agreement within 7 days of us asking you

to do so in writing; (ii) misuse the Service in a way that may damage or affect the

operation of our network; and/or (iii) become bankrupt. If we choose to end the

Agreement in this way, then an Early Termination Fee will apply. We may also need to

suspend the Service if asked to do so by regulators or if required by law.

13. Maintenance

We may, at times, need to undertake maintenance work on the network in order to

continue to provide the Service. This may require planned outages. We will always try

to minimise the impact of these outages on the Service. Where the outage may be

disruptive, we will inform you with as much notice as reasonably possible of the time

and expected length of the outage, via your chosen communication method.

14. Other important terms

14.1. Liability

We will not be liable to you for any loss or damage that is not directly caused by us or

which is not foreseeable, for example loss of income, loss of business, loss of profit, loss

of savings, any missed opportunities claims, loss of use or corruption of software, data

or information, loss of or damage to goodwill and any indirect or consequential loss.

Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time

the Agreement was made, both we and you knew it might happen.

We are not responsible (i) for any loss or damage to your own equipment caused by

the use of the Service to access the internet, (ii) if you are not able to use the Service

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because your equipment does not work properly, is not compatible, does not

conform to the relevant standard or does not meet the minimum specifications or

because of faults in any 3

party networks over which we have no responsibility, or (iii)

for any loss or damage to data which is passed to you or from you over the internet

as we have no control over it.

Except for fraud or where our negligence causes death or personal injury, we will not

pay more than 100% of the charges in the previous 12 months for each claim or a

series or related claims. Nothing in these terms excludes or limits our liability for

anything we can’t exclude or limit by law.

14.2. Transfer of the Agreement

We may transfer the Agreement to anyone at any time provided this does not

adversely affect your rights under the Agreement. You may only transfer your rights or

your obligations under the Agreement to another person if we agree to this in writing.

No other person has any rights to enforce any of the terms of the Agreement.

14.3. Delay

If we do not insist immediately that you do anything you are required to do under the

Agreement, or if we delay in taking steps against you in respect of your breaking the

Agreement, that will not mean that you do not have to do those things and it will not

prevent us taking steps against you at a later date. For example, if you miss a payment

and we do not chase you but we continue to provide the Service, we can still require

you to make the payment at a later date.

15. How to complain

If you have a complaint, please see our complaints policy (www.toob.co.uk/legal)

which includes details on how to contact us.

If we can’t fix your issue you may ask for the matter to be referred to an independent

ombudsman as detailed in our complaints policy.

If you wish to raise a concern regarding data privacy or the use of your personal data,

visit our Privacy Policy for details of how to exercise your legal rights

(www.toob.co.uk/privacy-policy).

16. Definitions

“Acceptable usage” – Use of the Service as defined in our Acceptable Usage Policy

“Activation date” – They day on which the Service is connected, usually the same as

your installation date. Confirmed in your Service Activation email.

“Bill date” – The date your bill is issued monthly, starting either within 24 hours of your

Activation date or, where your Activation date is later than the 28

of the month, the

of the following month.

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“Billable month/Billing period” – The period of time which will be charged for each

month between each Bill date.

“Business day” – Any day not a Saturday, Sunday or UK bank holiday

(www.gov.uk/bank-holidays).

“Cooling off period” – 14-day period, starting on the activation date, within which you

can cancel your Agreement without incurring any Early Termination Fees, as detailed

in section 6.2.

“Cancellation date” – The date when the Service and Agreement with us comes to

an end, which must be at least 30 days from when you tell us of your intention to

cancel.

“Due date” – The date, given on each monthly bill, on which direct debit payment

will be taken.

“Early Termination Fee (ETF)” – The total fee for leaving your Agreement before the

end of your contract period. Calculated by multiplying the Monthly early termination

charge by the number of months left in your Minimum Contract Period.

“Fibre termination point” – toob owned network equipment, installed in your home

which connects your local network to our fibre optic network.

“Home” – The address you have provided where your home broadband service will

be installed.

“Installation” – Engineer visit to connect your home to our network. Including bringing

a fibre optic cable into your home, installing a fibre termination point and a wi-fi router.

“Installation date” – Date on which our engineers connect your home to our fibre

network.

“Installation partner” – A third party, employed by us to install our network in your

home.

“Minimum Contract Period” – The minimum period where you agree to receive the

Service. Starting at the day the Service is activated.

“Monthly early termination charge” – A charge given for each remaining month in

your Minimum Contract Period when you cancel your Agreement before the end of

your Minimum Contract Period.

“Network Equipment” – Equipment which connects your home to our fibre network.

Including cables, fibre termination point and wi-fi router.

“Order Confirmation email” – the email received after an order is placed, detailing

your monthly payments, Minimum Contract Period, installation date and installation

fee.

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“Service” – The broadband service provided by us to you, as detailed in section 9 of

these terms.

“Service Activation email” – email notification sent once the Service has been

activated, confirming the start and end date of your contract period.

“VOIP” – Voice over IP, an over the top service which provides telephony through the

internet rather than through traditional telephone cables.

“Wi-fi router” – broadband router, provided by us, which connects your devices to

your local network and our fibre network.

“Your property” – The address you have provided where our home broadband

Service will be installed.