INFORMATION ABOUT US AND OUR CONTRACT WITH YOU
We means County Broadband Limited (a company registered in England & Wales at Old Bourchiers Hall, New Road, Aldham, Essex CO6 3QU under company number 04666043). “CBL“, “We” or “Our”
How We will accept your order. Our acceptance of your order will take place when We email you to accept it, at which point a contract will come into existence between you and us incorporating these terms and conditions. However, you acknowledge that We will only be bound to provide the Service once We have confirmed that the Equipment has been successfully installed and/or the Service activated.
These Terms are valid for orders placed on or after 14th March 2018 and supersede all previous terms published on Our Website.
THIS AGREEMENT is made on the date of Our pre-order order confirmation
(1) County Broadband Limited. Company Registration no. 04666043 of Old Bourchiers Hall., New Road, Aldham, Essex, CO6 3QU (‘CBL‘); and
(2) the customer(s) named in the confirmation email (‘the Customer‘).
It is hereby agreed as follows:
1 Definitions and interpretation
“Build Area” is defined as the section of a village or villages in which CBL intends to roll out the provision of the Works
“Completion Date” means the date of completion of the Works.
“Condition Precedent” means a total of 30% of the customer premises within the CBL Build Area agreeing to subscribe for the Service on the same (or at the discretion of CBL substantially similar) terms as the Customer agrees to pursuant to this Agreement prior to the Long Stop Date.
“Engineer” means Our agents, employees or representatives
“Event of Insolvency” means: in the case of CBL, going into liquidation or being deemed unable to pay its debts in accordance with the Insolvency Act 1986; and in the case of the Customer, presents or has presented to the court a bankruptcy petition or is in circumstances such that a bankruptcy petition could be presented under the Insolvency Act 1986 or makes or suffers to be made a proposal for a voluntary arrangement under the Insolvency Act 1986.
“Long Stop Date” means the date 12 months from the date of this agreement provided that CBL may extend the Long Stop Date by up to 6 months on written notice to the Customer.
“Service” means the services referred to in the pre-order order confirmation, which are to be made available to the Customer by CBL, subject to discharge of the Condition Precedent.
“Service Terms” means CBL’s terms for providing broadband services, a copy of which is available for download at www.countybroadband.co.uk/legal/service-terms or can be sent to You by Us in the post on request.
“Standard Installation Fee” means cost of the Works to connect the Customer to the Service (the estimate for which will be notified to Customer in writing in accordance with clause 2.7).
“Subscription Agreement” the agreement between the parties for the Services incorporating the Service Terms and, (if the Services include telephone services) the Telephone Terms.
“Subscription Commencement Date” means such date as CBL shall notify the Customer in accordance with clause 2.4.
“Telephone Terms” means the standard terms on which CBL provides telephone services, a copy of which is available for download at www.countybroadband.co.uk/Terms or can be sent to You by Us in the post on request
“Works” the civil works to be carried out in order to connect the Customer to the Service.
“Working Day” means a day falling on or between Monday and Friday upon which clearing banks in the City of London are open for normal business.
In this Agreement unless the contrary intention appears:
1.1 references to CBL or the Customer shall include their respective successors and permitted assigns;
1.2 any obligation on the part of either party hereto not to do any act or thing shall be deemed to include an obligation not to do or permit such act or thing to be done by any person under its control;
1.3 if any provision in this Agreement is held to be illegal, void, invalid or unenforceable for any reason the legality, validity and enforceability of the remainder of this Agreement shall not be affected;
1.4 the words ‘include’ and ‘including’ shall be deemed to be followed by the words ‘(without limitation)’;
1.5 any reference to an approval, consent or permission which is required under the terms of this Agreement shall be deemed to be one which shall not be unreasonably withheld except where the relevant provision indicates to the contrary;
1.6 references to this Agreement mean the Pre-Order Terms, CBL’s pre-order order confirmation, the Service Terms, the Telephone Terms, this Agreement as amended, varied, supplemented, modified or novated from time to time and shall include all documents referred to herein.
2 Conditional agreement
2.1 This Agreement is conditional upon the Condition Precedent being satisfied by the Long Stop Date provided that if CBL commences the carrying out of the Works prior to the Long Stop Date the Condition Precedent shall be deemed to have been met.
2.2 The Customer agrees that CBL shall not be obliged to commence the Works unless the Condition Precedent is met, and that CBL are not obliged to connect Your property to fibre should they deem it uneconomical for them to do so.
2.3 The Customer agrees that on notice that the Condition Precedent has been met, the Subscription Agreement shall become legally binding subject to the provisions of this Agreement.
2.4 On discharge of the Condition Precedent CBL shall notify the Customer in writing that the Condition Precedent has been met and the Customer agrees that the Subscription Agreement shall commence on the date of such notice.
2.5 The Customer agrees that from the date of this Agreement until the Long Stop Date (Exclusivity Period), the Customer shall not enter into any letter of intent, agreement, arrangement or understanding (whether or not legally binding) with any third party for the entry into a commercial arrangement which is similar to or could reasonably be expected to conflict with the Services.
2.6 Prior to commencement of the Works CBL shall notify the Customer with the estimated cost of the Installation Fee and an anticipated Completion Date. CBL shall use reasonable endeavours to complete the Works within the estimated costs by the anticipated Completion Date. The Standard Installation costs £225.00 and will include:
- Router installation, service configuration and validation
- up to 15 meters buried fibre cabling in the lawn, flowerbed or clipped to a wall.
- up to an additional 2 metres buried fibre cable in hard ground (examples include through paving slab grout line or slot in tarmac)
- one hole through a house wall
- plus up to 3 metres of fibre cable clipped internally
Our Engineer will also carry out the required making good inside and out as per this Agreement.
The cost for additional Works is:
- £9.50 per additional metre of fibre cable install buried in lawn, flowerbed or clipped to a wall
- £19.50 per additional metre of fibre cable installed through paving slab grout line or slot in tarmac
- £9.00 per additional hole through a house wall
- £20.00 per wall to take fibre optic through an external wall
- £40.00 per wall to take fibre optic under an external wall
Should the intended route for the Connection require any of: hot tarmac to reinstate ground; unusual surface which requires specialist skills to lift and reinstate, or pass a distance greater than 100m CBL will be required to conduct a full survey for the installation at a cost of £60 to the customer.
2.7 If CBL’s estimate of the cost of the Works exceed £225, the Customer may cancel the contract without incurring any charges. If the Customer approves our estimate of additional costs, they forego this right to cancel.
2.8 As soon as reasonably practicable on completion of the Works, CBL shall notify the Customer of the Completion Date.
3 Effect of this Agreement
3.1 The parties agree that the terms of this Agreement are intended to be legally binding.
3.2 The Customer acknowledges that it has not entered into this Agreement in reliance on any representation, warranty or statement (whether oral written or implied) made by or on behalf of CBL other than as set out in this Agreement.
3.3 No modification, variation or waiver of any of the terms of this Agreement shall be effective unless made in writing and signed by the parties to this Agreement.
3.4 Any failure by either party to require the performance by the other of its obligations under this Agreement shall not affect the rights of such party to require performance of those obligations at a later time.
3.5 No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
3.6 The benefit of this Agreement shall be personal to the Customer and the Customer shall not assign, transfer or purport to share its interest in this Agreement without the prior written consent of CBL.
3.7 CBL may assign or sub-contract its rights and obligations under this Agreement at any time.
3.8 Unless otherwise specifically provided in this Agreement, any notices or other written communications required to be served or sent under the terms of this Agreement shall be served or sent: (a) by CBL by registered post or by recorded delivery to the address of the customer registered with CBL or by email to the Customer’s email address registered with CBL or (b) by the Customer by registered post or by recorded delivery to CBL’s address given at the top of these pre-order terms, or to such other address as may be notified to the Customer in writing or through the Customer portal at CBL’s website at www.countybroadband.co.uk/https://service.countybroadband.co.uk/clientarea.php
3.9 CBL or the Customer may determine this Agreement immediately by notice in writing to that effect if:
3.9.1 an Event of Insolvency shall occur in relation to the other (except a voluntary liquidation of a solvent company for the purposes of amalgamation or reconstruction), or
3.9.2 if the Condition Precedent has not been met by the Longstop Date, provided always that, in the case of an Event of Insolvency occurring in relation to CBL, the rights of the Customer to determine this Agreement shall be suspended for the period of 20 Working Days and (in relation to the relevant Event of Insolvency) if within the period of such suspension a third party enters into a deed in favour of the Customer undertaking the whole of the responsibilities of CBL under this Agreement, the Customer shall not be entitled to terminate this Agreement in relation to the relevant Event of Insolvency.
3.10 Any determination under clause 3.9, shall be without prejudice to any other rights or remedies of either party hereto against the other for the breach or non-performance of any of the other’s
3.11 This Agreement and all disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
3.12 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
YOUR CANCELLATION RIGHTS
If you are a Consumer and you ordered the Services and/or any Equipment from us either over the internet, by telephone or by any other distance selling method you may cancel the contract in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Distance Selling Regulations”).
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form provided, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
The cancellation period will expire after 14 days from the day of the conclusion of the contract (i.e. when We accept your order). If you ask us to commence the Services before the 14 day period has ended, your right to cancel ends, even if you have not started using the service provided. If you cancel a service before We provide it, you may have to pay for any work that has been done towards providing the service.
If you cancel your contract, We will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than14 days after the day We receive back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods, or if there Were no goods supplied, 14 days after the day on which We are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.