Please take the time to read these terms and conditions. They provide important information about the Services that we will provide to you and set out the basis upon which the Services will be provided.
1. The Basics
2. The Ordering Process
3. The installation Process
4. The Contract
5. The Cost
6. The Services
8. Restrictions on Use
9. Ending the Contract
10. Octaplus’ Liability
11. Changes to the Contract
13. Third Party Rights
15. Law and Jurisdiction
1. The Basics
We are Octaplus Networks Limited (Octaplus) and we are an independent Internet Services Provider. We are a limited company whose registered office address is Kemp House, 152 – 160 City Road, London, United Kingdom, EC1V 2NX . Our company number is 13985026.
Octaplus provides internet access packages, television packages and Voice Over Internet Protocol (VOIP) telephone lines as well as mixed bundles of the aforementioned packagea to domestic Customers and business Customers. Full details of the Services provided by Octaplus can be found on its websitewww.octaplus.co.uk
These Terms and Conditions (T&Cs) set out the legal relationship between Octaplus and the Customer and are the basis upon which Octaplus will provide the service and associated equipment to the Customer.
The Customer accepts the T&Cs upon ticking the “I accept the Terms & Conditions” box on Octaplus’ website. Where it is not possible for the order process to be completed online, the T&Cs will be provided to the Customer and the Customer accepts the T&Cs when requesting that Octaplus provide the Services.
Nothing in these T&Cs affects the customer’s statutory rights.
In these T&Cs, unless the context states, or requires otherwise, the following meanings apply:
Contract – means the agreement between Octaplus and the Customer and incorporates these T&Cs, the information given on the OctaplusCustomer Application Form and the terms of the Package.
Customer Application Form– means the online registration form available on the Octaplus website (also available in hard copy by requesting this from Octaplus).
Content – means data, information, video, graphics, sound, music, photographs and any other material (in any form) which may be made available to the Customer via the internet through the provision of the Services.
The Customer – means the person or business that enters into the Contract with Octaplus for the provision of the Services.
Devices – means equipment used by the Customer to view the internet, such as computers, mobile phones, tablets etc.
The Installation Address – means the address to which the Services are provided.
The Installation Process – means the process and time taken to install the Octaplus Owned Equipment required for the provision of the Service.
Monthly Payment Amount – means the amount payable to Octaplus by the Customer on a monthly basis for the Package selected by the Customer. Full details of the Packages and the associated costs can be found on the Octaplus website (www.Octaplusinternet.co.uk).
Package – means the Services package selected by the Customer. The different packages which are available and the associated costs can be found on the Octaplus websitewww.octaplus.co.uk The Customer will select the Package that most suits it’s needs before the Services commence.
Payment Date – means the date upon which the monthly payment is due to Octaplus from the Customer. Unless otherwise agreed, this will usually commence one month to the day after the provision of the Service commences, with subsequent monthly payments to be made on the same day of each month thereafter.
The Service / Services – means the provision of internet access and/or VOIP telephone lines by Octaplus to the Customer.
Octaplus – means Octaplus Internet Limited.
Octaplus Owned Equipment – means any equipment provided to the Customer to facilitate the provision of the Services which remains the property of Octaplus. Where the Customer has purchased the equipment, this ceases to be Octaplus Owned Equipment.
Survey – means a site visit by Octaplus to the Customer’s property to ascertain the technical needs to allow the provision of the Service.
T&Cs – means the terms and conditions contained in this document.
- The Ordering Process
2.1 To enter into the Contract with Octaplus for the provision of the Services, the Customer must be:
2.1.1 18, or over;
2.1.2 a resident of the United Kingdom; and
2.1.3 the occupier of the Installation Address.
2.2 In order to request the Services, the Customer must fully complete the Customer Application Form on the Octaplus website. Alternatively, where the customer is unable to request the Services in this way, alternative methods can be made available to the Customer by Octaplus. The Customer must make clear if the provision of the Services is for domestic or business use during the Ordering Process.
2.3 The information provided by the Customer during The Ordering Process and throughout the Customer’s dealings with Octaplus must be accurate and true.
2.4 Upon receipt of the request for Services from the Customer, Octaplus will consider the request and contact the Customer to confirm if it considers that it is able to provide the Services to the Customer (which it will usually be if the Customer lives in an area to which Octaplus provides coverage and is subject to a Survey).
- The Installation Process
3.1 Prior to commencement of the Service, it is necessary for various Octaplus Owned Equipment to be fitted at the Installation Address, usually a discreet powered antenna on the outside of the Installation Address and a wifi router and wired connections inside the Installation Address.
3.2 Prior to installation, Octaplus will conduct a Survey at the Installation Address. The purpose of the survey is to establish if the installation of the necessary equipment will be a standard or non-standard installation. A person who is over 18 and able to make decisions on behalf of the Customer must be present when Octaplus conducts the Survey and installs the Octaplus Owned Equipment.
3.3 In the event that it is determined that the installation will be a standard installation, this carries a fixed installation fee which is stated on the Customer Application Form], payable by the Customer in advance of the installation (unless otherwise agreed between the Customer and Octaplus). The standard installation fee is non-refundable.
3.4 In the event that it is determined that the installation will be a non-standard installation, Octaplus will provide details of the cost of the non-standard installation, which is payable by the Customer in advance of installation (unless otherwise agreed by Octaplus) if the Customer wishes to proceed. The non-standard installation fee is non-refundable.
3.5 The Customer is required to take good care of the Octaplus Owned Equipment. Where the Octaplus Owned Equipment is damaged by the Customer, Octaplus may charge the Customer for repair or replacement.
- The Contract
4.1 The Contract commences when the following conditions have been met (and will therefore usually be the date when condition 4.1.4 has been completed):
4.1.1 The Customer has completed the Provision of Internet Services Form and selected the Package that they require; and
4.1.2 The Customer has set up a direct debit via Go Cardless, or another payment method has been agreed at the discretion of Octaplus; and
4.1.3 The Survey and Installation Process have been completed and the Installation fee has been paid by the Customer; and
4.1.4 The Service has been connected and configured.
4.2 The Contract then operates as a rolling monthly Contract (unless otherwise agreed between the Customer and Octaplus) and can be ended as detailed at clause 9.
4.3 If you are a consumer – i.e. a domestic Customer who is not receiving the Services for your business, you have a right to cancel the contract within 14 days of commencement of the Contract for any reason (“the cooling off period”). If we have already started providing the Services, you will still have to pay us the full costs of the Services that you have received up to cancellation. Clauses 9.9 and 9.10 also apply in these circumstances in respect of the retrieval of Octaplus Owned Equipment.
4.4 In the case of domestic and business Customers, if you are dissatisfied with the Services within 28 days, the Services can be cancelled and any money paid for the Services will be refunded. Clauses 9.9 and 9.10 also apply in these circumstances in respect of the retrieval of Octaplus Owned Equipment. In order to cancel the Services, the Customer must provide notice to Octaplus using the following contact details:
Post: Octaplus Networks Limited, Kemp House, 152 – 160 City Road, London, United Kingdom, EC1V 2NX.
Where the contact details change, they will be updated on the Octaplus website.
- The Cost
5.1 The Customer agrees to pay the Monthly Payment Amount on the Payment Date each month. The Monthly Payment Amount is payable to Octaplus by the Customer monthly in arrears.
5.2 The first Payment Date commences one calendar month after the Service has been connected and configured, with subsequent monthly Payment Dates falling due on the same day of each month thereafter – i.e. if the service is connected and configured on the 15th of March, the first monthly Payment Date is the 15th of April, with subsequent Monthly Payment Dates being the 15th of each month thereafter.
- The Services
6.1 The Services provided by Octaplus allow the Customer to access the internet and where applicable, have a VOIP telephone line. The Services are solely for the Customer and their household (in the case of a domestic Customer), or solely for the use of the Customer and their employees at the Installation Address (in the case of a business Customer). In the event that the Customer takes the Services as a domestic Customer, the Services must not be used for business.
6.2 Octaplus also provides Octaplus Owned Equipment to allow the Customer to access the internet. The Customer is responsible for how they use the equipment and the Services.
6.3 The Customer is responsible for providing their own Devices to view Contents.
6.4 Octaplus will provide the Services to the Customer with reasonable skill and care and will make all reasonable effort to ensure that the Customer’s bandwidth is accurate relative to the Package selected by the Customer. However, due to the nature of the Services and equipment used to provide it, Octaplus can’t guarantee that it will be available all the time.
6.5 Where faults occur, Octaplus will correct reported faults with Octaplus Owned Equipment and/or the Services as soon as it reasonably can. Where a fault develops, the Customer must advise Octaplus as soon as possible using the following contact details:
Where the contact details change, they will be updated on the Octaplus website.
6.6 Where a fault with the Octaplus network results in a complete failure of the Services and Octaplus are unable to repair the fault within 3 week days from the date that it is reported by the Customer, the Customer’s account will be credited for each day that the Service is unavailable. The cost of each days Service will be calculated as follows: Monthly Payment Amount multiplied by 12, divided by 365. A “complete failure of the Services” means an uninterrupted inability of the Customer to access the internet and (where applicable) make VOIP calls using the Octaplus network. Where the fault is reported by the Customer after 5pm, or on a weekend, or Bank Holiday, the fault will be classed as reported at 9am on the next week day.
6.7 Where a fault occurs, Octaplus will repair, or replace any faulty Octaplus Owned Equipment at no cost to the Customer, unless clause 6.8 applies.
6.8 If a fault occurs due to the Customer’s misuse of the Octaplus Owned Equipment and/or the Customer’s negligence, no refund and/or credit will be given to the Customer in respect of the resulting downtime and/or disturbances to the Service and Octaplus may make the following charges to the Customer:
6.8.1 Reasonable costs of repair and/or replacement of the Octaplus Owned Equipment and/or any other remedial work required as a result of the Customer’s actions; and
6.8.2 A reconnection fee of £25.00.
6.9 Octaplus may temporarily suspend the Service in the case of an emergency, or for operational reasons, maintenance or improvements. Where suspension of the service is necessary, where practicable, Octaplus will give as much notice to the Customer as is possible in the circumstances.
6.10 Octaplus may from time to time, vary the technical specification of the Service, or alter any code or number associated with the Service. Octaplus will give the Customer as much notice of any such changes as is reasonably practicable, where such changes can affect the Customer’s Service.
6.11 The Services provided by Octaplus allow the Customer to access the internet. The internet is separate to the Services and use of the internet is at the Customer’s own risk and is subject to any applicable laws. Octaplus cannot take responsibility for any goods, services, information, photographs, media content, software or any other materials and/or content uploaded, downloaded or otherwise obtained or viewed by the Customer via the internet.
6.12 The Customer is only permitted to use Octaplus Owned Equipment to connect to the Octaplus network.
6.13 All content and/or any other material which is provided to the Customer during the provision of the Services is for the Customer’s own use and the Customer must not copy, change or publish the material or supply it to any other person for any purpose, unless the Customer has first obtained express written consent from Octaplus.
6.14 Octaplus and our suppliers own all intellectual property rights associated with the Provision of the Services and none of these rights are transferred to the Customer by their use of the Service.
6.15 In the case of faults or problems with television packages or bundles including a television package, Octapluswill resolve any faults or problems as far as it is reasonably able, however if the fault is such that resolution is required by a third party or a supplier to Octaplus, Octaplus is not liable for any delay in such resolution.
7.1 In order to access the Services, the Customer will be issued with a set of unique passwords and usernames (collectively known as “Security Information”). The Customer must keep the Security Information safe and not share it with anyone.
7.2 The Customer must inform Octaplus immediately if they suspect that there is/has been a security breach and/or that their security information has become compromised.
7.3 If the Customer fails to keep the Security Information safe and/or fails to inform Octaplus of a security breach within a reasonable period of time, the Customer is liable for the any losses suffered by Octaplus and/or any reasonable costs incurred by Octaplus in remedying any issues caused by the breach. No refund and/or credit will be given to the Customer in respect of any resulting downtime and/or disturbances to the Service.
7.4 The Customer acknowledges and accepts that sharing The Security Information and/or any other security breaches may adversely affect the speed of their connection and may result in their connection being “bumped off” if another user accesses the internet using their Security Information.
7.5 In the event that Octaplus has reason to believe that there is/has been a breach of security and/or suspects that the Services are being misused, Octaplus may suspend the Customer’s Services and/or change the Customer’s Security Information.
7.6 The Customer must notify Octaplus immediately of any changes in the Customer’s details, including but not limited to, address and contact information and where relevant, bank details.
7.7 Whilst Octaplus provides firewall services as part of the Service, the Customer acknowledges that this will not be sufficient to adequately protect the Customer’s devices from malware, viruses and/or any other malicious software which the Customer can become exposed to when accessing the Internet. The Customer therefore, accepts that they should install reputable and robust anti-virus software on their devices and should ensure that this is kept updated and upgraded where necessary. The Customer accepts that Octaplus is not liable for any losses however so arising occasioned by the Customer’s access to and use of the internet. The Customer also acknowledges that it is their responsibility to back-up copies of documents, photographs etc to prevent the originals being lost in the event that the Customer’s Device becomes corrupted or otherwise compromised.
7.8 If Octaplus believes that any of the Customer’s Devices have been infected by malware, such as a computer virus, or have tried to gain access to a website which may include malicious material, Octaplus may take action, such as putting software on its network to prevent the spread of the malware or prevent the Customer’s devices from going onto the malicious website. This does not however, in any way limit, exclude or replace the Customer’s responsibility for their use of the Services as set out within these T&Cs.
- Restrictions on Use
8.1 The Customer must use the Service lawfully and must not use it in any way which breaks any law, regulation, license, code of practice or rule in force at any relevant time.
8.2 The Customer must not use the Service in any way which might detrimentally affect any of the following:
8.2.1 Octaplus’ systems, networks or servers.
8.2.2 Octaplus’ security.
8.2.3 Octaplus’ business, brand, or reputation.
8.2.4 Octaplus Owned Equipment.
8.2.5 Octaplus’ other customers’ services, equipment or security.
8.2.6 Anyone else’s business, systems, networks, servers, security, business, brand, reputation, equipment.
8.3 The Customer must not use the Service to send or receive any material which is offensive, abusive, indecent, defamatory, obscene, menacing, or in breach of copyright, confidence, privacy or any other rights.
8.4 The Customer must not use the Service to send or provide any unsolicited advertising or promotional material or to knowingly receive responses to any unsolicited advertising or promotional material sent or provided by the Customer to another party.
8.5 The Customer must immediately inform Octaplus if any third party makes or threatens to make a claim, or issue legal proceedings relating to the Customer’s use of the Service.
8.6 The Services are provided for the sole use of the Customer. The Customer may not re-sell, or attempt to re-sell the Service (or any part thereof).
- Ending the Contract
9.1 In most cases, the Contract will operate as a rolling month on month Contract (unless otherwise agreed between the Customer and Octaplus). In the case of rolling month on month Contracts, at any time after the Contract has commenced (as detailed at clause 4.1), the Contract can be ended by the Customer or by Octaplus by giving 1 months’ notice to the other party (unless Octaplus are terminating the contract under clause 9.5 below). The Contract and Services will end 1 calendar month after such notice is given.
9.2 In the case of any Contract which has been agreed between Octaplus and the Customer which provides for an agreed minimum term, at any time after the minimum term has come to an end, the Contract can be ended by the Customer or by Octaplus by giving 1 months’ notice to the other party (unless Octaplus are terminating the contract under clause 9.5 below). The Contract and Services will end 1 calendar month after such notice is given.
9.3 The Customer must provide notice to Octaplus using the following contact details:
Post: Kemp House, 152 – 160 City Road, London, United Kingdom, EC1V 2NX.
Where the contact details change, they will be updated on the Octaplus website.
9.4 Octaplus must provide notice to the Customer using the postal address, or email address held for the Customer.
9.5 In the event that the Customer breaches any of the T&Cs herein, or Octaplus has reasonable cause to believe that the Customer is breaching, or has breached the T&Cs herein, Octaplus may, at its absolute discretion, immediately suspend the Services and/or end the Contract.
9.6 In the event that the Service is suspended by Octaplus in accordance with clause 9.5 above, the Service will remain suspended until Octaplus is satisfied that the breach has ended and that the Customer will not commit further breaches of the T&Cs. The Customer will remain liable to pay the Monthly Payment Amount while the Service is suspended. If the Service is reconnected, the Customer will pay a reconnection fee of £25.00.
9.7 Any delay by Octaplus in acting upon a breach of the T&Cs by the Customer will not represent a waiver of the breach, unless Octaplus confirms such in writing.
9.8 In the event that the Contract is ended, the Customer must pay all payments due under the Monthly Payment Amount and any other charges which have fallen due to Octaplus under these T&Cs.
9.9 When the contract ends, the Customer will be provided with notice of when Octaplus will attend the Installation Address to collect all Octaplus Owned Equipment. The Customer must arrange for someone who is over 18 to be present so that the equipment can be collected. Where the date provided by Octaplus is inconvenient to the Customer, the Customer must contact Octaplus to arrange a mutually convenient date.
9.10 Where Octaplus have made reasonable efforts to collect the Octaplus Owned Equipment but have been unable to do this for any reason including (but not limited to):
9.10.1 The Customer not been present at the Installation Address on a pre-notified date; and/or
9.10.2 The Customer failing to contact Octaplus upon request to arrange a mutually convenient date for collection.
9.10.3 The Octaplus Owned Equipment no longer being available.
The Customer agrees to pay Octaplus for the Octaplus Owned Equipment.
9.11 Where the Customer is hosting Octaplus Owned Equipment to enable onward signal transmission on behalf of Octaplus, whilst the Customer can end the Contract in respect of the Services as set out above, equipment will be hosted under a separate agreement, which will contain separate provisions as to termination. Such provisions will be made available to the Customer before they enter into a hosting agreement.
- Octaplus’ Liability
10.1 Octaplus is not liable to the Customer in contract, tort or otherwise (including liability for negligence) for any loss that is not reasonably foreseeable.
10.2 Except for the charges and/or liabilities expressly referred to in these T&Cs, neither party’s liability to the other (whether in contract, tort, breach of statutory duty, or otherwise) shall exceed the aggregate amount of all charges payable under the Contract in the previous calendar year from when the event giving rise to the claim arose.
10.3 The Customer acknowledges that Octaplus has no control over the information that can be accessed via the Service and that Octaplus does not routinely examine the way in which the Customer uses the Service and/or the nature of the information and/or accessed and sent and received by the Customer. As such, Octaplus excludes all liability of any kind for the transmission and reception of such information.
10.4 Octaplus is not liable for the actions of others, including, but not limited to other providers of telecommunication or internet services or for faults in, or failures of their networks.
10.5 Octaplus is not liable to the Customer for any losses caused by something beyond their reasonable control. This could include things such as lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, anything done by a government or other public authority or strikes or other industrial action.
10.6 Octaplus is not liable for any losses suffered by the Customer as a result of the Customer breaching the Contract.
10.7 Octaplus is not liable to the Customer for any loss or damage caused by malware or the unauthorised use of a Service on any of the Customer’s devices.
10.8 Octaplus is not liable to the Customer for any loss, corruption or a release of data or information.
10.9 Octaplus is not liable for any failure of safety, security or other alarm systems due to incompatibility with the Service, or a temporary failure of the Service.
10.10 In the event that the Installation Process and/or commencement of the Service are delayed for any reason outside of Octaplus’ control, Octaplus are not liable for any resulting losses to the Customer.
10.11 If Octaplus’ negligence causes death or personal injury, Octaplus accepts responsibility and there is no limit to their liability. Octaplus also accepts liability if it commits fraud, makes fraudulent statements or for any other liability which the law does not allow to Octaplus to exclude or limit.
- Changes to the Contract
11.1 Octaplus may change the T&Cs which govern the Contract with the Customer at any time by giving 1 months’ notice to the Customer. This can include changes to the Monthly Payment Amount.
11.2 In the event that any proposed changes to the T&Cs affect the length of the Contract which mean the Contract will cease to be a rolling month on month Contract and/or require more than 1 months notice to be given by the Customer to end the contract, specific agreement will be required from the Customer.
11.3 If Octaplus changes the Packages that are available and the Package which was selected by the Customer is no longer available, Octaplus will move the Customer onto the closest equivalent existing Package. Octaplus will give the Customer 1 month’s notice of any such change to their Package.
11.4 The Customer may not transfer its rights and/or obligations under this Contract to another party unless Octaplus has given its explicit consent in writing.
- The Customer will indemnify Octaplus for any sums paid out, or for any losses relating to the following:
12.1 The Customer misusing the Services in any way described in the T&Cs.
12.2 Costs and expenses incurred for the purpose of remedying any breach by the Customer of the T&Cs, including (but not limited to) costs and expenses incurred for debt recovery and/or legal proceedings.
12.3 Any claims or legal proceedings which are threatened and/or brought by, or against Octaplus by another person in respect of defamation, breach of contract, fraud, breach of copyright or intellectual property which are attributable to the Customer’s use of the Service
12.4 If the Customer uses the Service for business purposes, any claims or legal proceedings which are brought or threatened against Octaplus by another person because the Service is faulty, or cannot be used by them.
- Entire Agreement
Octaplus intend to rely on these terms and your order. If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from Octaplus and what Octaplus expects from the Customer.
- Third Party Rights
14.1 A person who is not a party to this contract has no rights under The Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party which exists or is available outside of that act.
14.1 Octaplus aims to resolve any complaints fully, fairly and within a reasonable timeframe.
14.2 If the Customer is unhappy with the Services and wishes to raise a complaint, this should be done using the following contact details:
Where the contact details change, they will be updated on the Octaplus website.
14.3 Upon receipt of a complaint from a Customer, Octaplus will investigate the issues and send a response to the Customer addressing the points raised and where appropriate, setting out proposals for resolution.
14.4 If an agreement has not been reached within 8 week of Octaplus receiving the complaint, or Octaplus agrees in writing that the Customer may refer the complaint to independent adjudication before the end of the 8 week period (usually where a final response has been sent to the Customer but the matter remains deadlocked), the Customer may refer their complaint for independent consideration by the Communications and Internet Services Adjudication Scheme (CISAS) at www.cisas.org.uk. This service is free of charge.
- Law and Jurisdiction
15.1 This Contract is governed by the laws of England and Wales and Octaplus and the Customer submit to the exclusive jurisdiction of the Courts of England and Wales.