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Landlord Freewire Internet 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 in the capacity of a Landlord.
    • 1.2 This Agreement comprises of the following:
  • 2. Definitions.
    • 2.1 Please note that in this document, reference to "we","us","our" & Inuk Networks denotes Inuk Networks Limited, a company registered in England and Wales (company registration number 05267418 and whose registered office is at Enterprise House, Navigation Park, Abercynon, Mid Glamorgan CF45 4SN, and "you","your" denotes you the customer. Reference to the "parties" means both Inuk Networks and you the customer.
    • 2.2 In this Agreement, the following words and expressions shall have the meanings given to them below:-

    "Service" means Landlord Freewire Internet Service. The Service is a broadband "always on" Internet service, including the features and functionality as described on the Site.

    "Site" means the Freewire website.

    "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.

    "AUP" means Acceptable Use Policy. This policy, as set out in our Site, provides strict requirements for use of the Service by Inuk Networks’ customers.

    "FUP" means Fair Usage Policy. This policy, as set out in our Site, provides strict requirements for use of the Service by Inuk Networks’ customers.

    "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 Freewire website.

    "Effective Cancellation Date" means the date thirty days after the day on which Inuk Networks receives the Notification under Clause 8.

    "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 8.2.

    "Minimum Period" means the minimum period set out in the Order Form.

    "Target Activation Date" means the date when Inuk Networks will endeavour to activate the Service.

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

    "Premises" means the address of your residence you provide us during registration on the Order Form, and at which we agree to provide you with the Service.

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

  • 3. Important Service Information.
    • 3.1 This Agreement commences on the date that Inuk Networks first accepts your order, 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.
    • 3.2 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
    • 3.3 In order to be eligible to enter into the Agreement you must meet the following conditions:-
      • 3.3.1 You must subscribe to the Landlord Freewire Access Service in order to subscribe to the Service. If you do not agree to subscribing to the Landlord Freewire Access Service, we cannot provide you with the Service;
      • 3.3.2 You may be subject to a credit vetting process before we agree to provide you the Service.
    • 3.4 This Agreement and provision of the Service is conditional on the fulfilment of the conditions as set out in Clause 3.3. If successful, we will confirm your order by email. The confirmation email provided to you under this Clause will contain your Target Activation Date for the Service. 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.
    • 3.5 You will be responsible for interoperability between your local area network, computers and servers to the Service.
    • 3.6 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.
  • 4. Conditions of Use.

    The Service is provided on the following terms:-

    • 4.1 All information you provide to Inuk Networks 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 Monitoring: Inuk Networks may monitor communications, including without limitation, any content or material transmitted over the Service.
    • 4.3 Security: We cannot guarantee Internet security and strongly recommend that you make use of additional security products such as firewalls and anti-virus software due to the "always-on" nature of the Service.
    • 4.4 Line Speed: You acknowledge that the actual speed of transmission you experience in connection with the Internet 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 that can be obtained at any time using our Internet 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.
    • 4.5 Performance: Due to contention (oversubscription) on any part of the telecommunications network and other factors outside our control the perceived speed of the Service may vary from time to time.
    • 4.6 Service Announcements: We reserve the right to email service announcements to you as part of the Service.
    • 4.7 Moving Premises:
      • 4.7.1 This Agreement covers provision of the Service to the Premises.
      • 4.7.2 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.
      • 4.7.3 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.
      • 4.7.4 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 charges for the remainder of the Minimum Period.
    • 4.8 You will not hold Inuk Networks or any of its third party contractors liable in relation to the accuracy, reliability, availability and performance of resources accessed through the Service which, you acknowledge, are beyond their control and are not in any way warranted or supported by Inuk Networks or its third party contractors.
  • 5. Freewire Fair Usage Policy.

    Your use of the Service will be subject to our Fair Usage Policy. This ensures that we can offer and maintain a consistently high quality of service to all our Internet service customers. Our Fair Usage Policy can be found on our Site and we reserve the right to modify this policy at any time. Any changes will take effect when posted on our Site.

  • 6. Freewire Acceptable Usage Policy (AUP).
    • 6.1 The provision of the entire Service to you and access to our Site is subject to our AUP as set out in our Site. Inuk Networks reserves the right to modify this policy at any time. Any changes will take effect when posted on our Site.
    • 6.2 Notwithstanding our right to reduce, suspend and/or terminate the Services and/or restrict certain types of traffic delivered via the Service, if you abuse the Service and/or breach these Terms and Conditions you may receive a formal warning from us specifying the unacceptable conduct and notifying you that repeated breaches may result in the services (or any part of Service) being temporarily or permanently withdrawn from you.
    • 6.3 If, after you have received a formal warning from us in accordance with Clause 6.2 above, your conduct continues to abuse the Service and/or breaches these Terms and Conditions, then we will withdraw the Service (or part of the Service) from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our Service, systems or equipment will comply with these Terms and Conditions.
    • 6.4 If such a suspension is imposed, then this may be lifted, at our discretion, upon receipt of a formal written undertaking from you not to commit any future relevant abuse. However, all cases will be considered individually (at our sole discretion) upon their merits.
  • 7. Support and Maintenance.
    • 7.1 We may need to temporarily suspend the Service for repairs or planned maintenance and upgrades. Where this occurs, we will give you as much notice as is reasonably possible in the circumstances. We cannot guarantee that the Service will never be faulty, however we will respond to all reported faults as soon as is reasonably possible.
    • 7.2 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
  • 8. Cancellation of the Service.
    • 8.1 Cancellation refers to the cancellation of the Service, whether you are switching to an alternative service or closing your Inuk Networks account altogether.
    • 8.2 Ordering the Service at the same time as Landlord Freewire Access Service.
      • 8.2.1 If you order the Service at the same time as ordering the Landlord Freewire Access Service, we do not provide the Landlord Freewire Access Service until after a 10 day "cooling off" period has elapsed, which is a legal requirement upon us. Consequently, the Service cannot be provided until Landlord Freewire Access Service has been installed at the Premises, i.e. after this time has elapsed. Therefore you have the right to cancel this Agreement within ten working days of commencement of the entering into it. In the event of cancellation during the cooling off period, this Agreement is treated as if it had not been made. You may provide Notification 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.
      • 8.2.2 You must give your name, address, and postcode and customer number in order to cancel the Service.
      • 8.2.3 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.
    • 8.3 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.
    • 8.4 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 8.2.
    • 8.5 Ordering the Service when Landlord Freewire Access Service has already previously been provided.
      • 8.5.1 If you order the Service in Premises where Landlord Freewire Access Service already previously exists, you will have no right to cancel this Agreement once you enter into it. This is due to the Service being delivered as an instant sign-up service, i.e. it is present immediately you have successfully applied for it.
    • 8.7 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.
  • 9. Termination of the Service.
    • 9.1 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.
    • 9.2 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.
    • 9.3 We can end this Agreement immediately upon notifying you by email if:
      • 9.3.1 you breach this Agreement and fail to remedy the breach within a reasonable time specified in a written notice from us to do so;
      • 9.3.2 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;
      • 9.3.3 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.
      • 9.3.4 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.
      • 9.3.5 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.
      • 9.3.6 you have provided unauthorised payment or other details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity; or
      • 9.3.7 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).
      • 9.3.8 you do not adhere to our AUP for the Service as updated from time to time and which is published on our Site.
      • 9.3.9 you do not adhere to our Fair Usage Policy for the Service as updated from time to time and which is published on our Site.
    • 9.4 We can restrict or end the provision of the Service on giving reasonable notice to you if:
      • 9.4.1 you have missed any payments that you owe to us for the Service or any other contract services we may provide you.
      • 9.4.2 you break any of the Terms and Conditions of this Agreement.
    • 9.5 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.
  • 10. Charges & Payment.
    • 10.1 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. You must pay for the Service by Direct Debit. This method of payment is 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.
    • 10.2 The Direct Debit payments will be 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.
    • 10.3 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.
    • 10.4 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.
    • 10.5 We may at any time, impose a credit limit on your account.
    • 10.6 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.
    • 10.7 All subscription Charges will be billed monthly in advance, together with and any other Charges which we decide to bill in arrears.
    • 10.8 We can change the payment terms for any good reason, for instance, if you do not pay your bills on time.
    • 10.9 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.
    • 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.
  • 11. Title & Risk.

    Any Equipment we may 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.

  • 12. 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.

  • 13. Liability & Indemnity.
    • 13.1 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.
    • 13.2 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 13 shall apply to all claims arising from your use of the Service.
    • 13.3 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.
    • 13.4 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 £2, 000 per incident or series of connected incidents and £4, 000 in any 12 month period.
    • 13.5 In the event of any failure in the Service, we shall not be liable to you for any charges incurred by you should you divert your traffic to another communications provider.
    • 13.6 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 (whether or not supplied by us).
  • 14. Changes to This Agreement.
    • 14.1 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.
    • 14.2 Provided you have not used the Service following any change as described in clause 14.1, 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.
  • 15. 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).

  • 16. Complaints & Disputes Resolution.
    • 16.1 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 Freewire website or upon request by contacting us on 0333 123 0190
    • 16.2 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.
  • 17. 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 personal data as detailed in our Privacy Policy.

  • 18. 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.

  • 19. 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.

  • 20. 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.

  • 21. 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.

  • 22. 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.

  • 23. General.
    • 23.1 We reserve the right to record any and all calls between you and any member of our staff.
    • 23.2 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.
    • 23.3 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.
    • 23.4 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.
    • 23.5 All intellectual property rights remain in the ownership of Inuk Networks for the Service.
  • 24. 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.