STARLINK DEVON – TERMS AND CONDITIONS OF SERVICE
These Conditions set out the basis for which we provide telecoms and Broadband Services, by signing up to and/or using our services you acknoledge and agree to these terms.
We are Starlink Devon, a company with our registered offices located at Rivendell, Old Tiverton Road, Exeter, Devon EX4 6ND.
Definitions of certain words used in these Conditions can be found at the foot of these Conditions.
PLACING YOUR ORDER
Acknowledgement & Acceptance of Order
We are under no obligation to accept your order. We will acknowledge your order by email or by telephone, but no contract will exist between you and us until we contact you to confirm that we have accepted your order.
Eligibility
The Service is only available to individuals who are eighteen (18) years of age who can form legally binding contracts under applicable law. By accepting these Conditions, you signify that you meet these qualifications of eligibility. We may refuse to offer the Service to any person or company and may change our criteria for eligibility, at any time, at our sole discretion without providing a reason. We reserve the right to terminate your account and your rights to use our Services for any reason, including, but not limited to our belief or suspicion that any registration data you provide is or becomes untrue, inaccurate, not current, or incomplete.
Packages
Residential phone line and broadband connections are available to residential customers only. Anyone operating and/or running a business from the installation address will need to contact us for business class service. We reserve the right to terminate the contract if we deem it appropriate to do so.
We reserve the right to refuse to offer service to an address or business that has previously been supplied a connection to the service.
Right to Cancel
You have the right to cancel this Contract by giving us notice of cancellation at any time between:
Placing your order and expiry of the period of seven days beginning with the day after the day on which we accept your order.
However, you will lose your right to cancel this Contract if you allow us to commence installation of the Equipment (or any other aspect of the Services) before the end of that cancellation period. Once the right to cancel has been lost or expired, then the Contract will remain in force, and you will remain liable to pay our Charges, for at least the Minimum Term (please see paragraphs 17 and 18 for further details).
If you wish to exercise your right to cancel, please contact us as soon as possible (see paragraph 25, “Communications”).
Speeds
Upload and Download Speeds quoted on our website are a maximum achievable figure and may not be attainable at your property due to line degradation and any other signal diminishing factors between your property and our mast.
For the highest attainable speed within your property, you should connect your device(s) via a cable rather than over WIFI.
Starlink Devon is not responsible for diminishing speeds attained wirelessly between your device and your router supplied by us or not. In this case, additional fees may be chargeable for a wireless fault finding survey to track down the cause of the loss of speed.
INSTALLATION OF SERVICE
Once we have processed your application, we will contact you to arrange installation.
A router will be provided with your new installation however if choosing to use your own router with our service you accept full responsibility for it’s configuration as Starlink Devon will not be held resposible for configuration or compatibility of any equipment not supplied by us. We are unable to offer a list of compatible equipment due to the vast selection of equipment available on the market.
You must ensure that:
We are able to access your Premises on the appointed day and time to deliver and install your Equipment,
you prepare your premises in accordance with our reasonable instructions in order to ensure that the Equipment can be installed and
you are the owner of the Premises or you have any consent required for the installation of the Equipment for example from your landlord or your local authority.
Abortive Engineer Visit Charge
An Abortive Visit Charge (AVC) is applied where an appointment is agreed for work at an end user’s site and the engineer arrives within the appointment slot but is unable to carry out the work at or gain access to, the End User Site.
Abortive Visit Charge (per engineer per visit or call out) is £125 inc Vat
Further information is provided in the notes below.
The charge is applicable when the job has been appointed to an engineer who has arrived on site within the appointment slot and:
The engineer is unable to gain access to the site or premises due to no answer at the property or End user is not ready for the work to be completed i.e. building work or Person who placed the order or their representative is not available to provide detailed work instruction i.e. socket location
We will also charge an Abortive Visit Charge when:
Order cancellation charges are not applicable but appointments are cancelled or delayed after the contractual cancellation window. Each late appointment cancellation or delay, whether originated by End User, Communications provider or engineer ring ahead, will be charged for separately.
An engineer is unable to complete the job due to Communications Provider order quality issues i.e. incorrect address, incorrect order, order duplication etc. A responsible adult is unavailable.
Engineers cannot enter premises where they would be escorted solely by a person under the age of 18 Additionally Starlink Devon reserves the right to charge on non-appointed total care faults where access is specified as 24/7 or similar and the engineer arrives within the specified slot but is unable to gain access.
Starlink Devon will NOT charge when:
The job has not been appointed
Starlink Devon misses the appointment There is no access to line plant which is not within the End Users control
An engineer simultaneously delays more than one order at the same address. Only one charge will be raised. Faults are ultimately proven off the customer’s site and access wasn’t necessary.
An engineer is unable to attend the End Users site due to MBORC scenarios such as snow, flooding, foot and mouth, security alerts etc.
Appointment slot details have not been correctly communicated to the Communications Provider – i.e. system failure in EMP prevented appointment details from being passed to the Communications Provider.
This charge does not apply to refused access on fault reports which is covered by Time Related Charges.
MAINTENANCE OF EQUIPMENT
Equipment
The installation charge as advertised on our website is for the installation of the service and includes the purchase of the equipment installed with the exception of the router which is rented from us.
Any equipment you have paid for in addition to your installation charge will remain your property also.
You must not tamper with, add to, modify or interfere with the Equipment in any way, and you must not allow any other person to do so.
You are responsible for any loss or damage to your equipment unless this is caused by us, our employees or our contractors.
If we need to replace equipment that is damaged by reasons beyond our control such as faults caused by electrical surges or storms or any other reason replacement of the kit will be the sole responsibility of the owner, a requested service visit for a fault that is not a result of our service or equipment but is a fault generated by you or equipment that you own will result in a service fee being charged.
When ceasing your service with us your router rented from us must be sent back to us in order for us to terminate your agreement and close your account
By accepting these Conditions you understand that we will not provide any technical assistance for your home or office LAN.
Engineer Callout Charge
All engineer visits are subject to our standard £65 call out charge with the exclusions of below:
• A fault is found to be with our supplied equipment which is within its 12-month warranty
• A fault is found to be external to your property i.e within our network
• A fault is found with the installation within the first 12 months of service
If an engineer attends your property and tests speeds with a laptop plugged into our provided router and the results are within range for your package then the engineer attendance will be subject to our standard call out fee of £65 including vat.
If your fault is caused by damage to your equipment as a result of lightning or storms the callout will be subject to our standard £125 call out charge whether or not your equipment is within its 12-month manufacturer warranty
Pre Callout Checks
Before confirming you would like to have an engineer visit the below tips may help you avoid an unnecessary callout and charge.
• Ensure your achieved speeds are accurate by checking speeds at different times of the day during peak and off-peak times to see if a pattern emerges.
• Ensure your PC is giving the correct results by checking with a second PC to confirm you are achieving similar results
• Ensure the cat5 (ethernet) cable you are using is not faulty
• Ensure all speed tests are carried out via speedtest.starlinkdevon.com
• Ensure all speed tests are carried out via a cable and not wirelessly.
Our standard £65 call out charge includes the replacement of faulty equipment including our supplied antenna, router or cabling, whichever is faulty.
GENERAL
Permitted Users
You are responsible for all those who use the Services from your Premises, and you should ensure that all users are aware of these terms and the Acceptable Use Policy.
You must not re-sell or provide access to the Services to anyone outside your Premises, whether by means of wireless connectivity, by means of cables to neighbouring houses or offices, or by any other means.
Availability
We will use reasonable endeavours to provide the Services on a continuous basis, subject to these Conditions. However, we cannot guarantee that the Services will be fault free or without interruption.
The quality and availability of Services may sometimes be affected by factors outside our control. This could include mechanical breakdown, local physical obstructions, atmospheric conditions or radio interference.
We may have to interrupt or suspend the Services for the purposes of repair, maintenance or improvement. If we do need to interrupt or suspend the Services, we will restore the Services as quickly as possible.
Conduct
You must comply at all times with our Acceptable Use Policy as set out on our website. We may update our Acceptable Use Policy at any time by posting a revised version on our website.
You must also comply with all applicable laws, rules, regulations and conduct policies.
By accepting these Conditions you are agreeing not to allow through your actions, or those of another, the use of the Services for unlawful or illegal purposes; including but not limited to, using the Services fraudulently, to commit or further a criminal offence.
Content
We are not responsible or liable for the content of any information transmitted by you or any other person using the Services.
We are under no obligation to monitor or review any content belonging to you and contained on or transmitted by our systems. However, we reserve the right to inspect any content created, accessed or transmitted by you using the Services, including content in your files, emails, postings or websites, to check your compliance with these Conditions.
We may remove from our systems, without liability to you, any content in your files, emails, postings or websites which we reasonably believe:
is or may be considered to be pornographic, defamatory, misleading, deceptive or to infringe anyone else’s rights in any other way; or
is in breach of any applicable laws, regulations, international conventions, licences, policies or
breaches our Acceptable Use Policy in any other way.
We have no control over the content of material which you access using the Services, and we will not be responsible or held liable for any content (including its accuracy, legality or quality) other than content authorised by us and displayed on our own website.
Online Security
Connecting to the Internet means that your computer is part of a worldwide network of computers. It is possible that your computer is providing file shares or other services on the Internet connection that may allow it to be hacked.
You are solely responsible for the security of your computers. We are not responsible for any breach of security via the Internet. We recommend you ensure your machine or LAN is configured correctly and has firewall software or a separate firewall to protect you from the Internet. This is particularly important if you use our Service to maintain a permanent connection to the Internet.
Your computer or LAN may also be vulnerable to attack by computer viruses, so you should ensure that you use up-to-date computer virus scanning software.
Fair Usage Policy
All our packages are unlimited but are designed for normal fair use. Continuous downloading and/or uploading to an extent of which our network is impacted will not be allowed to continue and shall be restricted or terminated.
PAYMENTS
Charges
You must pay the charges every month by Direct Debit.
If a scheduled Direct Debit payment is refused by your bank, we will charge an admin fee of £5 for each failed Direct Debit payment
If your direct debit is cancelled at any time during your term or before your 30 days notice period is up we reserve the right to charge a £25 administration fee on top of any payments due up until the end of your term.
In this case, your direct debit must be reinstated until your final invoice amount has been taken.
Changes to our Charges
During the Minimum Term, we will not alter the Charges. After the Minimum Term, we may alter the Charges at any time by giving you at least 30 days notice.
Duration and Minimum Term
Commencement of the Services
The Services will commence on the Service Commencement Date. This will normally be the same day that we complete installation of the Equipment, but in some cases, we may need to delay commencement of the Services. However, you will not be responsible for paying any Charges until the Services commence.
Minimum Term
The Contract runs for at least the Minimum Term ether 12 or 24 months dependent on package
In particular, even if you choose not to make use of the Services for some or all of the Minimum Term, you are liable to pay the Charges for the remainder of the Minimum Term.
Termination
Except as set out below, this Contract will stay in force for at least the Minimum Term. The Contract will then remain in force until terminated in accordance with this paragraph.
Termination during the Minimum Term
You may end this Contract at any time during the Minimum Term by giving us not less than 30 days notice if we:
significantly alter the Services; or
we significantly reduce the level of service provided
Neither of the above includes the limitation or restriction of file-sharing services; examples of which are (but not limited to) torrent services and newsgroups. A restriction of this type is not an acceptable reason to terminate service.
If you do not give us notice to terminate your Services within 30 days of the notification that we have significantly altered the Services then you will be deemed to have accepted the changes to the Services.
During the Minimum Term, we may terminate the Contract if you break any of these Conditions, by giving you not less than seven days’ notice in writing. We will not terminate this Contract during the Minimum Term unless you break any of these Conditions or unless there are circumstances beyond our control that prevent us from providing the Services; in this case we will endeavour to provide you with as much notice as possible.
Termination after the Minimum Term
After the Minimum Term, you may terminate this Contract at any time by giving us no less than 30 days notice.
After the Minimum Term, we may terminate the Contract:
By giving you no less than 30 days notice in writing; or
if you break any of these Conditions, by giving you not less than seven days’ notice in writing.
Refunds after termination
We will not refund any Charges or other payments made under this Contract if we end this Contract because you have broken these Conditions. In all other circumstances, we will refund any Charges paid in respect of the unexpired portion of the month in which termination occurs, calculated on a daily basis.
Suspension of the Services
If any Charges are overdue or you break any other of these Conditions, we may suspend the Services immediately without notifying you first. The Services will remain suspended until either:
All overdue Charges are paid, or you remedy the breach of these Conditions (as the case may be), or
we terminate this Contract as set out in paragraph 18.
A reconnection fee may be payable upon any restoration of the Services following suspension under this paragraph.
OUR LIABILITY
Residential customers
If you are a residential customer, we have no liability, whether due to our negligence or otherwise, for any losses (whether direct or indirect) incurred by any business, trade or profession carried on by you or any other person using the Services or the Equipment.
Business customers
If you use our service for the purposes of any business, trade or profession carried on by you, then we are not liable to you, whether in contract or tort (including negligence) or otherwise, for any of the following types of loss or damage incurred by that business, trade or profession:
any loss or damage which is indirect and/or not reasonably foreseeable; or
any loss of business, loss of profits, loss of savings, loss of revenue, loss of use or loss of goodwill, or for any loss or corruption of data.
Your Liability
You are responsible for ensuring that your registered contact details are kept up to date and informing us of any changes. You must also check your Primary VFast Email address on a regular basis for any important communications sent from us.
It is your responsibility to report any faults or interruptions in the Service to us by sending an email to support@starlinkdevon.com or calling us on 01392 545010
Changing these Conditions
We will not change or add to any of these Conditions unless we deem it is reasonable to do so.
Transferring the contract
We can transfer our rights or obligations under this Contract to any company, firm or person. We can only do this if it does not adversely affect the Services you receive or your other rights under this Contract. You may not transfer your rights or obligations under this Contract to anyone else.
This Contract is personal to you or your company, and no other person or organisation is entitled to benefit under this Contract.
LAW AND GEOGRAPHICAL LIMITS
This Contract is governed by English Law. Our Services are only available in the United Kingdom.
Communications
We may contact you or give you notice under these Conditions by any of the following means:
post
email
SMS text message
You are responsible for ensuring your registered contact details are kept up to date, and for informing us of any changes.
You may contact us by email at support@starlinkdevon.com or use our telephone or postal information. When contacting us by phone your call may be recorded for training and monitoring purposes. You are responsible for ensuring any email, fax or letter reaches us, and we consider your communication valid on the date and time it reaches us and not when it was posted or sent.
Data Protection
We may from time to time send you information about our other goods and services which we think may be of interest to you. This may include communications sent by email or SMS text Message. You may unsubscribe from such emails or SMS texts at any time by contacting us by email on support@starlinkdevon.com and you can unsubscribe from other communications by contacting us to request this.
We will not disclose any information about you to third parties without your express consent.
Definitions
In these Conditions the following expressions have the following meanings:
Charges: means charges to be paid by you for the Services (including monthly fees and any set-up charges), calculated according to the prices and rates set out in our price lists or as otherwise notified to you in accordance with these Conditions.
Conditions: the conditions in this Contract and any changes we may make to them.
Contract: the contract between you and us authorising you to receive the Services in accordance with these Conditions.
Equipment: means any equipment, apparatus or software provided by us as an essential part of providing Services under the terms of this Contract, including without limitation any reception/transmission equipment forming part of our wireless system, as well as any equipment provided to you for making Voice calls.
Internet means the global data network comprising interconnected networks using TCP/IP (“Transmission Control Protocol/Internet Protocol”).
Network: the local radio network of base stations and relay/transmission equipment by which the Service is provided.
Minimum Term: the first 12 or 18 or 24 months from the Service Commencement Date dependent on the package.
Premises: your home or business in the United Kingdom, at which the Equipment is to be installed, and to which the Services are to be provided.
Services: the service provided to you by us using wireless equipment to enable you to gain access to the Internet using your computer(s).
Service Commencement Date: the date on which the Services commence.
Charges: the payments you must pay us to provide the Service.
United Kingdom: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
“we”, “us”, “our”: Starlink Devon.
“you”, “your”: the customer who is entering into the Contract on the basis of these Conditions from