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Landlord Freewire Access Service Terms and Conditions

  • 1. Introduction.
    • 1.1 This Agreement sets out the terms by which Inuk Networks agrees to provide the Service to you.
    • 1.2 This Agreement comprises of the following:
  • 2. Definitions.

    Please note that in this Agreement, reference to "we","us","our" & Inuk Networks denotes Inuk Networks Ltd, a company registered and incorporated in England and Wales, registered number 05267418, whose registered office is at Enterprise House, Navigation Park, Abercynon, Mid Glamorgan. CF45 4SN and "you","your" denotes you the Landlord customer. Reference to the "parties" means both Inuk Networks Ltd and you.

    These Terms and Conditions will apply to every aspect of the Service which is ordered by you for use at the Premises. In this Agreement, the following words and expressions shall have the meanings given to them below:-

    "Applicable Law" means any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance, standard or industry code, rule of court or directives or requirements of any government or regulatory body, delegated or subordinate legislation or notice of any government or regulatory body and the common law and the law of equity as applicable to the Parties from time to time.

    "The Service" means the Landlord Freewire Access Service. The Service is the base service package, and is made up of the following service components:

    1. Freewire Access Line: this is the physical circuit delivering telephony and broadband services to your property terminating at the NTE-5 master phone socket:
    2. Freewire Telephone Access: this is a telephony service provided over the Freewire Access Line. You will be provided with a geographic telephone number. You or anyone authorised by you can use the Freewire Telephone Access service to receive calls, make calls to chargeable and non-chargeable destinations. To use the Freewire Telephone Access service to make chargeable calls you or anyone authorised by you will need to purchase a Freewire Top-Up Card or register for an account at www.freewiretv.com. The service can be used with a standard analogue or digital telephone connected into the master phone socket or any extension socket wired from the master socket. Please note, you will need to use the filter plugs supplied with the modem router;
    3. Freewire Broadband Access: this includes a modem router to enable broadband services to be delivered to the Premises and to be routed to your receiving equipment. Freewire Broadband Access provides access to our Value-Add Services.

    "Site" means the Freewire website.

    "Value-Add Service(s)" means the following Inuk Networks services:

    • Freewire Television Service.
    • Freewire Internet service (contract or prepay).

    To use Freewire Television, you or anyone authorised by you will need to register for an account at our Site.

    Freewire Broadband Access does not automatically grant you Freewire Internet. If you have not purchased Freewire Internet in addition to Freewire Broadband Access, you or anyone authorised by you will be redirected to a walled garden when attempting to access the internet. The walled garden will allow the user (if he or she so desires) to purchase the Freewire Internet service, and it be they who contract for and pay for such services, directly with us.

    "Minimum Period" means the minimum contract period you are committed to for subscribing to and paying for the Service under this Agreement. The Minimum Period will commence from the timescale activate the Service.

    "Order Form" means the order form submitted by you to us.

    "Privacy Policy" means our privacy policy as amended from time to time, a copy of which is available on the Site.

    "Target Activation Date" means the date when Inuk Networks Ltd will endeavour to activate the Service, where we will normally operate a minimum lead time of 15 days from acceptance of order. The Target Activation Date is a target only and Inuk Networks cannot guarantee that the Service will be activated on the Target Activation Date.

    "Effective Cancellation Date" means the date thirty days after the day on which Inuk Networks receives the Notification under Clause 6.

    "Notification" means the date on which Inuk Networks receives notification of your intent to cancel the Service, via the prescribed methods of contacting us as per paragraph 6.2.

    "Premises" means the address(s) you provide us during ordering, and at which we agree to provide you with the Service. The Premises must be in an active Freewire Access Network area.

    "Equipment" means any equipment provided by Inuk Networks that is necessary to facilitate and provide the Service.

    "Charges" means any or all charges to you payable to us in respect of Service, or any other charges for additional services related to the Service as listed on the Site.

    "Set Top Box" means a device that we may provide for the purpose of receiving Freewire Television Service.

  • 3. Important Service Information.
    • 3.1 You agree that you will use the Service in accordance with such instructions as we may notify to you from time to time and in accordance with all Applicable Laws. You are responsible for all activity and usage of the Service and for any breaches of this Agreement that may result. You must ensure that the Service is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes.
    • 3.2 This Agreement commences on the date that we first accept your order, and continues for the Minimum Period and will continue thereafter until brought to an end by either you or us in one of the ways set out in these Terms.
    • 3.3 Acceptance of your order will take place on the date we send you our order confirmation by letter or email. Our acceptance of your order will be conditional on your eligibility for the Service and we may cancel this Agreement immediately by giving notice to you should you be found to be ineligible to receive the Service. Please note that orders for the Service are accepted at our sole discretion.
    • 3.4 In order to be eligible to enter into this Agreement you must meet the following conditions:-
      • 3.4.1 You must subscribe to the Service at the Premises to subscribe to any of the Value- Add Services we offer. This is necessary due to the way we deliver the Value-Add Services. The Service is available in areas served by the Freewire Access network. We will let you know if we are unable to provide the Service to you at your Premises when you apply for it. If your Premises is not in a Freewire Access network-served area, we will not be able to provide the Service and by extension any of our Value- Add services.
      • 3.4.2 The Service incorporates the provision of a broadband connection. This broadband connection is necessary to deliver the Value-Add services that you or others authorised by you may subscribe to, at the Premises.
    • 3.5 This Agreement and provision of the Service is conditional on confirmation of Freewire Access network availability. A confirmation email provided to you under this Clause will contain your Target Activation Date for the Service to be installed. The Target Activation Date is a target only and the actual date of activation will depend on a number of factors. Accordingly, any activation dates provided to you including the Target Activation Date are estimates only and you agree that we will not be liable to you for a failure to meet any activation date.
    • 3.6 The Service does not automatically grant you Internet service. If you have not contracted for our subscription Internet service you will be redirected to an Internet service sign up page on our Site where you can purchase prepay Internet service.
    • 3.7 Freewire Internet service can be ordered by you at the same time as you order the Service in this Agreement, but will be contracted for separately on a subscription basis. Please see our Site for details of this Internet service and for a detailed description of this service and its relevant terms and conditions.
    • 3.8 Freewire Internet service can alternatively be purchased on a prepay basis separately either by you or anyone authorised by you to use the Service at the Premises.
    • 3.9 Our Freewire Internet Service is subject to our Acceptable Use Policy and our Fair Usage Policy.
    • 3.10 The Service is an OFCOM-regulated, fully unbundled service.
    • 3.11 If your Premises does not have a transferrable line over which to provide the Service, a new line will need to be installed. In this instance, we will assign a geographic UK national number to your line which will have the same dialling code as the area you live in. An engineer will require access to your Premises to install a new line. There will be a charge for installation of a new line which you will be required to pay. We will let you know the amount of this charge before we arrange for installation of a new line at your Premises. Arranging a suitable appointment is subject to the availability of an engineer and matching it to a date and time when someone will be available at the Premises to grant access for installation.
    • 3.12 Number portability may not be available to you as part of the provided Freewire Telephone Access line. If you move your Freewire Telephone Access to or from Inuk Networks or to or from another service provider you may not be able to keep your telephone number. We will not process a number porting request unless your previous account is completely current, including payment for all charges and applicable disconnection fees. To prevent a Freewire Access line from being transferred without your authorization we will decline any request we receive to transfer the Freewire Access Line on your behalf, unless we receive prior notice from you. We will notify you if we have taken this action.
    • 3.13 You acknowledge that the actual speed of transmission you experience in connection with the Service will depend on a number of factors, some of which are outside of our control. As such, we cannot guarantee that maximum transmission speeds can be obtained at any time for our Service. However, we will use our reasonable endeavours to inform you of any issues, and attempt to resolve them, as soon as is reasonably possible.
    • 3.14 Due to contention on any part of our Freewire Access Network and other factors outside our control, the perceived speed of Service may vary from time to time.
    • 3.15 The Service will support a maximum of 2 simultaneous Freewire Television sessions at any one time. These sessions use 2.5Mbit/s of reserved bandwidth each over the Service. All complement bandwidth over the Service is available for you or any other person authorised by you to utilise for other purchased Value-Add Services.
    • 3.16 The Freewire Television Service is not deliverable via the wireless (Wi-Fi) connection from your modem router. A computer or Set Top Box will need to be connected via a wired Ethernet connection. Other solutions for delivering the Television may be provided and you will be advised during the order process or at our Site.
    • 3.17 The Service is specifically tailored to serve a tenant environment in the Premises. To that end, the Service will support multiple connection sessions simultaneously, each running individual Value-Add Services that the tenants may choose to sign up and pay for. For the details of individual Value-Add Services, please see our Site.
    • 3.18 You will be charged abortive engineer attendance charges, if you do not keep to a pre-arranged appointment that you agree with us for an engineer to attend the Premises, whatever the reason.
  • 4. Conditions of Use.

    The Service is provided to you on the following terms:-

    • 4.1 All information you provide to us in the Order Form shall be true and accurate when provided and will be relied upon by us for the provision of the Service. If the information provided by you is false or inaccurate, we will be entitled to cancel this Agreement by giving notice to you.
    • 4.2 You agree that you will use the Service in accordance with such instructions as we may notify to you from time to time and in accordance with all applicable laws and regulations. You are responsible for all activity and usage of the Service and for any breaches of this Agreement that may result. You must ensure that the Service is not used, whether by you or by anyone else, for any unlawful or fraudulent purposes.
    • 4.3 Freewire Telephone Access:
      • 4.3.1 In respect of the telephone number, you agree that:-
        1. You do not own that telephone number and that you will not transfer it to anyone else or try to do so; and
        2. We may change your phone number where it is reasonably necessary to do so. We will give you as much notice as we can before any change.
    • 4.4 You must not use the Service:
      • 4.4.1 to knowingly send, or allow authorized users of the Service to send, receive, upload, download, use or re-use material which is offensive, illegal, indecent, defamatory, obscene or menacing or malicious. We may monitor communications, including without limitation, any content or material transmitted over the Service.
      • 4.4.2 in a way that in our reasonable opinion is likely to adversely affect the quality of the Freewire Access Network or any other Value-Add Services provided by us for the benefit of our all customers.
    • 4.5 Moving Premises:
      • 4.5.1 This Agreement covers provision of the Service to the Premises.
      • 4.5.2 If you intend to move from the Premises, you must contact us to cancel the contract for the Service at your current Premises. We can provide the Service at your new Premises, however it is subject to the availability of Freewire Access network coverage and will be subject to a new Agreement.
      • 4.5.3 If you move during the Minimum Period of the Agreement then the existing Agreement will be cancelled and you will have to pay the Charges due for remaining time until the end of the Minimum Period. Thereafter you will have to enter into a new Agreement for the new Premises to receive the Service.
      • 4.5.4 If you move during the Minimum Period and we are unable to activate the Service due to lack of Freewire Access Network coverage for any reason at your new Premises, your Service will be cancelled. You will have to pay the fees for the remainder of the Minimum Period. We will assist you if you want to move your telephone number onto another provider network (number porting). However, please note, under some circumstances, number portability may not be possible.
    • 4.6 Service Announcements: We reserve the right to email service announcements to you as part of the Service.
    • 4.7 Equipment:
      • 4.7.1 We agree to provide you, free of charge, with the Equipment as described in the definition of the Service at the Premises provided that you continue to receive the Service for the Minimum Period.
      • 4.7.2 Any Equipment we supply to you shall remain our property or the property of our service providers even though it is in your Premises, and you agree to take good care of it. If you fail to do so, you will be responsible for the costs of repair or replacement in the event that the Equipment is damaged. You are responsible for all loss of, theft of or damage to the Equipment provided to you.
      • 4.7.3 You agree to notify us immediately by calling Customer Care if Equipment is used for, or if you become aware, of any unauthorised use of the Service. Failure to do so may result in you being liable for any losses arising as a result of such unauthorised use and suspension or termination of your Service.
      • 4.7.4 The Ethernet ports and any wireless antenna (Wi-Fi) on the Equipment are the designated Network Termination Points for the Service.
      • 4.7.5 Apart from the Equipment, you are responsible for providing all equipment necessary to enjoy the benefit of the Service including computer equipment which has appropriate specifications. For details of the minimum specification please visit the Site.
      • 4.7.6 You must not reconfigure or tamper, or allow any persons authorised by you to tamper with Equipment supplied to you by us for the purpose of accessing the Service. In the event that you do reconfigure or otherwise tamper with Equipment, or allow any persons authorised by you to tamper with the Equipment, we reserve the right to suspend or terminate the Service.
      • 4.7.7 The Equipment must be kept and used in strict accordance with instructions issued by the manufacturer or us and must not be used in conjunction with other equipment not approved by the manufacturer or us. You and any persons authorised by you are only permitted to use the Equipment to connect to the Service.
    • 4.8 You authorise us and our agents to act on your behalf in all dealings with BT or any other network operator in connection with the provision of the Service (or any part thereof) to you and you consent to BT or any other network operator receiving and using the information and personal data you provide to us and information about your account ("Data") for the administration of your Freewire Access Service account, and providing us or any of our agents with your Data and other relevant information to enable the Service to be provided to you.
    • 4.9 You agree to provide us (or any person we authorise to collect it on our behalf) with any information we or our selected supplier(s), agent(s) and/or telecommunications carrier(s) reasonably require to provide the Service to you and to administer the Value-Add services that may be delivered via it. We and our selected supplier(s), agent(s) and/or telecommunications carrier(s) will hold and process information obtained about you as a result of providing you with the Freewire Access Service. At all times we will comply with the requirements of the Data Protection Act 1998 in doing so.
  • 5. Support and Maintenance.
    • 5.1 If you require support and/or maintenance for any aspect of the Service, please see our Customer Code of Practice or you can contact us by the following methods:
      • Telephone: Call the Freewire Helpdesk on 0333 123 0190 between 08:00 – 17:00 Monday to Friday, excluding, public holidays. We will try to resolve any fault within five working days of receiving notice of the fault from you. Any fault investigation and repair work shall take place between times quoted.
      • E-mail: support@freewiretv.com
    • 5.2 We will be responsible for faults arising out of any act or omission by us or faults due to fair wear and tear on your line. We will not be responsible for any fault or wear and tear on any part of your line beyond the ports listed in 4.7.4 on the Equipment inside the Premises.
    • 5.3 You will take all reasonable care to ensure that the Equipment connected to it is kept in good working order. You will be responsible for the reasonable costs of engineer call outs, replacement equipment and/or labour charges if:
      • 5.3.1 you do not give the engineer access to the Premises at the time agreed between you and us for authorised access;
      • 5.3.2 you cancel the engineer’s visit after it has been requested without at least 1 working day’s notice.
      • 5.3.3 the engineer attends but finds there is no fault with the Service or the Equipment;
      • 5.3.4 we reasonably believe that the fault was caused by you or your equipment or by anyone for whom we are not responsible;
      • 5.3.5 the fault is found to exist as a result of your failure to follow our reasonable instructions or these Conditions; or
      • 5.3.6 the fault is on any equipment or cable beyond the nominated ports listed in 4.7.4.
    • 5.4 Details of engineer call out fees, replacement equipment costs and labour charges can be found on our Site or by calling us on 0333 123 0190.
    • 5.5 You must provide a suitable and safe working environment for us and/or any engineer working as our agent whilst carrying out any work at the Premises, including any line installation work. You will also need to:
      • 5.5.1 prepare your premises in accordance with any reasonable instructions from us and/or the engineer;
      • 5.5.2 get any necessary permissions to enable your line to be installed or repaired, including any permission to cross land or put equipment on property owned by someone else;
      • 5.5.3 provide a suitable place and conditions for the Equipment including connection points required; and
      • 5.5.4 provide access to electricity, as reasonably required by us, or the engineer, to connect the Equipment or repair the line used to deliver the Service.
  • 6. Cancellation of Service.
    • 6.1 Cancellation refers to the cancellation of the Landlord Freewire service, whether you are switching to an alternative service or closing your Inuk Networks account altogether.
    • 6.2 Pre-activation date:
      • 6.2.1 By law, you have the right to cancel this Agreement within ten working days of entering into it (the "cooling off period"). In the event of cancellation during the cooling off period, this Agreement is treated as if it had not been made. Therefore, you may cancel your application by contacting us in the following ways:
        • Calling 0333 123 0190: or
        • Writing to us at Service Management, Inuk Networks Ltd, Enterprise House, Navigation Park, Abercynon CF45 4SN: or
        • Sending a fax to 0844 5460200; or
        • Sending an e-mail to servicemanagement@Inuknetworks.com.
      • 6.2.2 You must give your name, address, and postcode and customer number in order to cancel the Service.
      • 6.2.3 This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to: www.consumerdirect.gov.uk.
      • 6.2.4 Where you cancel pre-activation and we have provided Equipment free of charge, we reserve the right to ask you to either return the Equipment to us (unused and in the same condition as when it was provided to you) within 15 working days at our cost, or to pay the standard charge for the Equipment.
    • 6.3 Post-activation date:
      • 6.3.1 If you wish to cancel your account you must notify us by:
        • Calling 0333 123 0190: or
        • Writing to us at Service Management, Inuk Networks Ltd, Enterprise House, Navigation Park, Abercynon CF45 4SN: or
        • Sending a fax to 0844 5460200; or
        • Sending an e-mail to servicemanagement@Inuknetworks.com.

        When cancelling the Service you will need your name, address, date of birth and order reference number.

      • 6.3.2 Provided you have not exercised your right of cancellation under Section 5.2, you will be charged any applicable charges in respect of the Service, and monthly charges due until the end of the Minimum Period of this Agreement.
      • 6.3.3 If the Service is disconnected after the Minimum Period following the activation date, any applicable charges are waived.
      • 6.3.4 You can only end this contract during the Minimum Period if we increase your Service charges more than once during the Minimum Period. To end this contract in accordance with this paragraph, you must give us at least seven days prior written notice within one calendar month of receipt of any notice of a second price increase from us.
      • 6.3.5 You acknowledge that cancellation of the Service shall only be valid if notified to Inuk Networks in this manner and from Notification. Any and all cancellations of this Agreement by you shall be effective on the Effective Cancellation Date and you will be charged for the provision of the Service until the Effective Cancellation Date.
      • 6.3.6 If you have provided Notification but you change your mind and want to retain the Service you can reverse the cancellation without interruption to the Service and without incurring any additional Charges up until 7 days after you provided us with your cancellation notice by contacting us as per paragraph 6.2.
    • 7. Termination of the Service.
      • 7.1 Without prejudice to our rights to terminate this Agreement, we may suspend the Service if we reasonably believe you are in breach of any term of this Agreement or any other agreement with us or you abuse or threaten us, or a member of our staff. We may also suspend the Service if we are obliged to comply with an order, instruction or request of government, OFCOM or other competent authority.
      • 7.2 Upon any suspension or termination by us, you are responsible for all Charges under the Agreement that would have been payable but for suspension or termination.
      • 7.3 We can end this Agreement immediately upon notifying you by email if:
        • 7.3.1 you breach this Agreement and fail to remedy the breach within a reasonable time specified in a written notice from us to do so;
        • 7.3.2 you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt, you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets. We can also end this Agreement if we think any of these things or something similar may happen;
        • 7.3.3 any regulatory change affecting our ability to offer the Service is introduced, including but not limited to any authorisation, General Condition of Entitlement or licence under which we provide the Service expiring or being revoked.
        • 7.3.4 We may terminate this Agreement at any time without liability to you if any underlying arrangement with other operators or suppliers is terminated for whatever reason.
        • 7.3.5 You use, or attempt to use, the Service in a way that in our reasonable opinion is likely to affect the quality of the Freewire Access Network or any other Value-Add Services provided by us for the benefit of all our customers.
        • 7.3.6 you have provided unauthorised payment or other details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity; or
        • 7.3.7 you are, or become ineligible, to receive the Service or are unable for any reason to connect to the Service (other than as a result of any fault of ours).
      • 7.4 We can restrict or end the provision of the Service on giving reasonable notice to you if:
        • 7.4.1 you have missed any payments that you owe to us for the Service or any other contract Value-Add Services we may provide you.
        • 7.4.2 you break any of the Terms and Conditions of this Agreement.
      • 7.5 We may restrict the Service to you if we need to execute planned maintenance, network or system upgrades and emergency maintenance. In such instances, we will endeavor to provide as much notice to you of the nature of the restriction of Service as is reasonably possible.
    • 8. Charges & Payment.
      • 8.1 Provision of the Service is conditional upon you agreeing to pay all Charges applicable to the Service in accordance with this Agreement when they become due. We publish all fees and charges (including details applicable Charges for the Service) on our Site. Direct Debit is Inuk Networks preferred method of payment for the Service, although we do accept other methods of payment. The methods of payment accepted by Inuk Networks are set out on our Site and in our Customer Code of Practice also available on the Site and in paper form upon request. We have included VAT at the current UK rate. We will provide you with VAT invoice showing the total amount due and the amount of VAT payable each month, either by post or email.
      • 8.2 The Direct Debit payments will taken from your nominated account on a fixed date every month which will be advised to you during the ordering process. The first payment will be taken as a pro-rata payment based on the commencement date of service.
      • 8.3 We reserve the right to apply a handling and administration charge to your monthly payment if you do not pay by Direct Debit. The detail of these charges can be found on our Site.
      • 8.4 If, at any time, the Service is affected or unavailable other than due to our fault you will continue to be billed for the Service.
      • 8.5 If your bank details change that you use for the Direct Debit mandate, must notify us immediately. Failure to do so may lead to suspension or termination of the Service.
      • 8.6 We may at any time, impose a credit limit on your account.
      • 8.7 We may suspend or terminate your Service at any time acting reasonably, if you fail to make any payment when it becomes due. You must pay all sums due in full and you cannot offset, deduct or withhold any part of any sum you owe us. We reserve the right to charge for administration costs incurred in recovering any sum you owe us and we reserve the right to employ debt collection agencies, to assign the right to collect your debt or to factor your debt to a third party for collection.
      • 8.8All subscription Charges will be billed monthly in advance, together with and any other Charges which we decide to bill in arrears.
      • 8.9 We can change the payment terms for any good reason, for instance, if you do not pay your bills on time.
      • 8.10 You must notify us in writing within 7 days after the date of your latest bill if you dispute any of our Charges. Billing disputes must be notified to us in the following ways:
        • Calling 0333 123 0190: or
        • Writing to us at Service Management, Inuk Networks Ltd, Enterprise House, Navigation Park, Abercynon CF45 4SN: or
        • Sending an e-mail to servicemanagement@Inuknetworks.com.
      • 8.11 If you accept a special offer, promotion or benefit, such as a free month of service, free installation, a rebate or other incentive, there may be a term commitment associated with the benefit you accepted ("Commitment"). The Commitment will be disclosed as part of the promotion. The Commitment begins on the date you activate the new equipment or accept the special offer, promotion or benefit. If your Service is disconnected prior to the end of the Commitment period, you agree to pay us a recovery fee in an amount equal to the difference between the price you paid and the recommended retail price (RRP) of the service or other benefit you received at the time the Commitment period began. Recovery fees are cumulative and in addition to any other Charges or fees you may owe us, including any applicable disconnection fees.
    • 9. Title & Risk.

      Any Equipment we supply to you to provide Service, remains the property of Inuk Networks and you must take good care of it. You bear all risk of loss or theft of, or damage to, said Equipment.

    • 10. Warranty.

      We warrant that we shall provide the Service with reasonable skill and care, within a reasonable time and substantially as described in this Agreement. We do not warrant that the provision of the Service will be fault free or uninterrupted but will use all reasonable skill and care to provide and maintain the Service. We do not make any other promises or warranties about the Service. You acknowledge and agree that in entering into this Agreement you do not do so on the basis of, and do not rely on any representation, warranty or other provision except that expressly provided in this Agreement and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law. The Equipment and the Service are made available “as is” for you and authorised individuals to use only. Nothing in this Agreement affects your statutory rights under applicable UK or European law.

    • 11. Liability & Indemnity.
      • 11.1 Nothing in this Agreement excludes or limits our liability for death or personal injury caused to you by our negligence, or for any liability that cannot be excluded or limited by law.
      • 11.2 You accept and agree that you will have no claim against us if you are unable to access the Service and the exclusions and limitations of liability in this clause 11 shall apply to all claims arising from your use of the Service.
      • 11.3 We shall not be liable to you or any third party in contract, tort, including any liability for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses) corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
      • 11.4 Except in the case of clause 11.1, our liability to you (if any) for direct loss or damages in contract, tort, including negligence or breach of statutory duty, or otherwise, arising out of or in connection with this Agreement shall be limited to £4, 000 per incident or series of connected incidents and £6, 000 in any 12 month period.
      • 11.5 In the event of any failure in the Service or Equipment, we shall not be liable to you for any charges incurred by you should you divert your traffic to another communications provider.
      • 11.6 You will indemnify us from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this Agreement or any misuse of the Service or Equipment (whether or not supplied by us).
    • 12. Changes to This Agreement.
      • 12.1 We may change the terms and conditions of this Agreement and any of our Charges at any time by notifying you at least one month before any changes take place by email. However, we may in exceptional circumstances have to make changes without giving the full month’s notice. You agree that if you use the Service after any changes take effect you will be bound by those changes. You may contact our customer care line at any time on 0333 123 0190 for details of any changes to the Agreement or Charges thereof or visit our Site for further details.
      • 12.2 Provided you have not used the Service following any change as described in clause 12.1, you may end this Agreement without incurring any applicable disconnection fee if the changes are significantly to your detriment provided that you will remain liable for all charges due up until the date of termination. To exercise your right of termination you will need first to give us notice by contacting us 0333 123 0190.
    • 13. Force Majeure.

      If either Inuk Networks or you is unable to perform any of its obligations under this Agreement because of a matter beyond either party's reasonable control, neither Inuk Networks nor you shall not be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control where it is hindered or prevented from carrying out those obligations by any cause outside its reasonable control, including but not limited to industrial disputes, high winds, fire, flood, earthquake, explosion, decision of any court or other judicial body of competent jurisdiction, unavailability of materials, equipment, transportation, power or other commodity failure, non-availability of telecommunication facilities, acts of Government or other prevailing or defaults of third parties).

    • 14. Complaints & Disputes Resolution.
      • 14.1 Details of our disputes and complaints resolution process and how to contact the Communications and Internet Services Adjudication Scheme (CISAS) can be found in our Customer Code of Practice at our Site or upon request by contacting us on 0333 123 0190.
      • 14.2 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.
    • 15. Privacy.

      We comply with the requirements of the Data Protection Act (1998) and our current Privacy Policy is published on our Site. By entering into this Agreement you confirm that you have read and understood our Privacy Policy and you agree to our using your data as detailed in our Privacy Policy.

    • 16. Partnership.

      Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute or be deemed to constitute between you or us a partnership, association, joint venture or other co-operative entity.

    • 17 .Assignment.

      You may not assign its rights or obligations under this Agreement without prior written consent from Inuk Networks. We reserve the right to assign or delegate any of its rights and obligations under this Agreement to any firm or person provided this does not affect your rights under this contract in a negative way.

    • 18. Waiver.

      No waiver by us of any default by you under this Agreement shall operate or be construed as a waiver by us of any future defaults whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release discharge or otherwise affect your liability.

    • 19. Severability.

      If any provision of this Agreement is held by a Court or any Government agency or authority to be invalid, void or unenforceable, the remainder of this Agreement shall to the extent possible remain legal, valid and enforceable. We reserve the right to replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.

    • 20. Entire Agreement.

      This Agreement represents the entire understanding between the parties and supersedes all other written or verbal representation, statements or agreements made by either you or us.

    • 21. General.
      • 21.1 We reserve the right to record any and all calls between you and any member of our staff.
      • 21.2 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.
      • 21.3 Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding termination or expiry of this Agreement.
      • 21.4 Notwithstanding any other provision in this Agreement, nothing in this Agreement will create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you or us.
      • 21.5 All intellectual property rights remain in the ownership of Inuk Networks for the Service.
    • 22. Governing Law.

      These terms and conditions are governed are subject to the laws of England and Wales, regardless of the location of the user, and any claims of any kind related thereto must be filed at the UK Court.