Terms and Conditions

PLEASE NOTE THAT THESE TERMS PROVIDE FOR A MINIMUM SERVICE PERIOD AND EARLY TERMINATION MAY REQUIRE PAYMENT OF THE CHARGES FOR THE BALANCE OF THE MINIMUM SERVICE PERIOD

These terms

What these terms cover. These are the terms and conditions on which we supply wireless broadband services and any associated services or equipment required by you to access the Services (as defined below).
When these terms apply. These terms and conditions shall apply whether you place an order for any Services with us by completing our order form (Order Form) whether directly through our website, over the telephone or by any other method accepted by us (Order). By placing an order for any of our Services, you agree to and accept these terms and conditions in full.
Services and equipment to be provided. If your Order is accepted, we shall provide the wireless broadband services and any associated services (Services) stated in the Order Form to be provided by us and also any ancillary equipment stated in the Order Form to be provided by us (Equipment).
Why you should read them. Please read these terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide any such Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us and how to contact us

Who we are. We are Western Peak Limited, a company registered in England and Wales. Our company registration number is 12454867 and our registered office is at Units 7-8 Miners Park, Llay Industrial Estate, Llay, Wrexham, Wales, LL12 0PJ. Our registered VAT number is GB342826596.
How to contact us. You can contact us by telephoning our customer service team at 01978 800348 or by writing to us at support@westernpeak.co.uk and/or Units 7-8 Miners Park, Llay Industrial Estate, Llay, Wrexham, Wales, LL12 0PJ.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

Our contract with you

How we will accept your Order. Your Order is an offer to purchase from us the Services and any Equipment referred to in the Order Form. Our acceptance of your Order will take place when we either countersign the Order Form or email or write to you to accept it, at which point a contract (Contract) will come into existence between you and us.
Effect of placing your Order. By placing an Order you confirm that:
your name, address and contact details included in the Order Form are correct;
you are at least 18 years old and are legally capable of entering into a contract with us for the provision of the Services and any Equipment specified in the Order Form;

Minimum Service Period. You shall be required to purchase the Services for the minimum service period stated in the Order Form or, if none is stated, for a period of 12 months from the Activation Date (Minimum Service Period). The “Activation Date” shall be the first date on which the Services are activated at the relevant address referred to in the Order Form (Property).

If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this.

We only provide the Services within the UK. Unfortunately, we do not accept orders to provide Services to properties outside of the United Kingdom.

Inability to provide the Services. If, following a site survey carried out at the Property, it becomes apparent that we cannot provide the Services to you, we may terminate the Contract immediately. We shall be under no liability whatsoever to you for any failure to provide the Services in these circumstances but we will refund you for any payments you have already made to us for activation of the Services.

Equipment

1. Equipment to be provided by us. If we have agreed to provide any Equipment the following provisions shall apply:
  1. You must not use the Equipment for any purpose other than to access the Services.
  2. You must comply with all manufacturers’ instructions and any other reasonable instructions that we may give you in relation to the use of the Equipment.
  3. You must take reasonable care of the Equipment. You must not allow (and must not allow anyone other than our representatives) to add to, interfere, repair, replace or modify the Equipment in any way.
  4. You shall not move the Equipment from the Property without our prior written agreement.
  5. Unless agreed by us, the Equipment will remain owned by us at all times. In the event of any loss or theft of, or damage to, the Equipment, you shall be liable to us for any loss suffered by us as a result of any such loss, theft or damage.
  6. You shall not sell or otherwise dispose of the Equipment without our prior written agreement.
2. Repair/Replacement of Equipment. In the event of any loss or damage to any part of the Equipment please contact us as soon as possible. During the warranty period stated in the Order Form (or, if none, 12 months from the Activation Date) we shall be responsible for the repair or replacement of the Equipment except where the problem or damage has been caused by negligence, misuse, abuse by you or anyone in attendance at the Property from time to time or by a breach of your obligations under the Contract.
3. Equipment to be provided by you. If you have chosen to provide any of your own equipment for the purposes of accessing the Services:
  1. We cannot guarantee compatibility of your own equipment with our Equipment or provide ongoing support in relation to your own equipment and any compatibility issues.
  2. We are not responsible for your own equipment working properly.
  3. We will not be liable in any way for any loss or damage that is caused to your equipment or any data stored on it as a result of its use in conjunction with the Equipment.
4. Equipment funded by Government subsidy scheme. If you have received any funding from any regional or central Government subsidy scheme in connection with the Equipment (including in relation to the installation of the Equipment) then:
  1. at no time shall legal ownership of such Equipment pass to you;
  2. should you move from the Property you must leave all such Equipment behind for potential use by and/or benefit of any future occupier of the Property.
5. Installation. If we have agreed to install any Equipment, the following provisions shall apply:
  1. We shall provide you with a provisional date for any site survey and/or installation; however whilst we will endeavour to carry out the site survey and/or installation on such date, we reserve the right to change such date.
  2. You must ensure that we have physical access to the Property to carry out any such installation and any associated services (such as (but not limited to) routing connection cables through walls or other access points).
  3. You must ensure that you have all necessary permissions and consents to carry out any such installation and associated services, including (but not limited to) any that are required from your landlord, other occupiers, your mortgage provider or management company and also any building regulation consents and planning permissions.
  4. If:
    1. we are unable to gain access to the Property to carry out any site survey and/or install the Equipment on the date confirmed to you; or
    2. you cancel the site survey and/or the installation after 2pm on the working day immediately preceding the proposed date of the site survey and/or survey,

we reserve the right to charge for the site survey and/or installation (as applicable) as if it was carried out on the proposed date and also charge an additional fee for each subsequent visit for such purpose or cancel the Contract altogether. Details of any additional fees payable can be found on our website.

1. 1. Standard installation does not include running cable through internal rooms or walls. At installation the router will be located in a room on the same side of the Property as the transceiver. You should contact us prior to installation if you require the router in a different location – there may be additional costs associated with installing the router in the location of your choice or for equipment necessary to extend the network to this location.
    1. The router cannot be more than 50 metre cable length from the transceiver.
    2. You shall be responsible for the provision of electricity for the router and the transceiver.
  2. Your obligations relating to the Equipment on cancellation or termination of the Contract. Upon the Contract being cancelled or terminated (for whatever reason), you will allow us and our representatives access to the Property to remove the Equipment. If you fail to do so, we reserve the right to charge you for the cost of the Equipment at the published prices then in force

The Services

1. Services to be provided. The Services to be provided by us will be specified as such in the Order Form.
  1. Commencement. We will provide the Services from the Activation Date and will continue to do so unless and until the Contract is terminated in accordance with these terms and conditions.
  2. Performance of the Services. In supplying the Services:
    1. we will use reasonable skill and care but we are unable to guarantee fault free performance;
    2. we do not warrant or guarantee that the provision of the Services will be uninterrupted, timely, error free or secure or that the Services will meet any of your specific requirements;
    3. we will endeavour to provide an intended connection speed, which may vary depending on a number of factors such as, by way of example, the distance from the Property to the mast. Your effective bandwidth may vary and will depend on other users;
    4. we use traffic shaping and control software for the purposes of ensuring the quality of the Services for all our users and to endeavour to achieve the intended connection speed;
    5. We reserve the right to manage internet applications. This may include, but is not limited to, prioritising data transfer through our network and reducing file sharing activities during times of high congestion.
  3. What we are not responsible for. In providing the Services, we are not responsible for:
    1. the configuration or functioning of any devices and/or firewalls which are used on your side of the router; or
    2. your internal wireless performance.

Your use of the Services

1. Personal use. The Services are provided for use by you and other inhabitants of, and your visitors to the Property whilst at the Property. You agree that you will not let anyone else use or have access to the Services including, but not limited to, by way of resale to third parties.
  1. Fair/Acceptable use. We reserve the right to:
    1. impose any fair use and/or acceptable use policies on your use of the Services, but these will only take effect (including any amendments to this) 30 days after we notify you of these;
    2. monitor and control data volume and/or types of traffic transmitted via Internet access.
  2. No monitoring. We do not monitor your use of the internet or access the content of your communications. This means that we do not guard against any viruses, spam, malicious software or other security threats and it is your responsibility that adequate security software and firewalls are installed on all computers and devices through which the Services are accessed and kept up to date at all times. We do not guarantee that the Services will be free from anything that may damage your equipment or data.
  3. Internet. You acknowledge and accept that:
    1. our Services are provided as a carrier or conduit;
    2. we do not control, endorse or censor the material accessible from the Internet;
    3. you use the Services and the Internet at your own risk and subject to all applicable national and international laws and regulations;
    4. the information and services you may obtain via the Services may not be complete, accurate, up-to-date or free from errors and that we do not guarantee that the information and services you may obtain from the Services will be suitable for your purposes and requirements;
    5. you are responsible for the way in which our Services are used and you shall not use the Services (or allow anyone else to) for anything illegal, immoral or improper or use the Services to offend or create nuisance.

Availability of the Services

1. Planned repair, maintenance or improvements. We may temporarily suspend the Services for repair, maintenance or improvements. We will endeavour to give you as much notice as is reasonably practicable, and will give you at least one week’s notice, prior to such suspension and we will aim to restore the Services as soon as reasonably practicable after any temporary suspension.
  1. Emergency Suspension. We may suspend the Services without warning in the event that any emergency repairs or maintenance are required. We will aim to restore the Services as soon as reasonably practicable after any temporary suspension.
  2. Our additional rights to suspend or terminate your use of the Services. We reserve the right to suspend, limit or terminate your use of the Services in the following circumstances:
    1. when we are required by any third party whose system or services we use to provide the Services;
    2. when we are required to do so by law;
    3. in the event that you are in breach of your obligations under these terms and conditions;
    4. in the event that you are in breach of your obligations under any fair use and/or acceptable use policies in force from time to time;
    5. we are no longer able to provide the Services to the geographical area in which the Property is located.

Changes to Tarrifs/Services

1. 1. Upgrades. You shall be permitted to upgrade your tariff at any time during the Contract. Any such change will be reflected by adding proportionate amounts to your first invoice after the change and to your payments every month after that.
  2. Downgrades. You shall not be permitted to downgrade your tariff during the Initial Minimum Period. You may downgrade your tariff following the expiry of the Initial Minimum Period by giving us at least 30 days’ notice in writing, such notice to expire at any time on or after the expiry of the Initial Minimum Period.

Change of address

1. Services. If you move from the Property:
  1. we cannot guarantee that we will be able to supply the Services at your new address;
  2. our ability to supply the services at your new address may be conditional upon:
    1. a new site survey being carried out; and/or
    2. new equipment being purchased; and/or
    3. additional installation services being carried out by us,

each of which may incur an additional charge;

during the Initial Minimum Period and we are unable to provide the Services to such new premises or you do not wish for us to provide the Services to such new premises you shall remain responsible to pay the value of the remaining charges payable during the Initial Minimum Period plus any other amounts which are owed to us by you and which are outstanding.

Price and payment

1. Charges for the Services. You must pay the charges for the Services and the Equipment as set out in the Order Form or, in the event that you change tariff, the charges applicable to such tariff as set out in our tariff guide from time to time. Unless otherwise stated in the Order Form, such charges are payable monthly in advance.
  1. VAT. All charges include VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  2. Right to vary charges. We reserve the right to vary the charges for the Services following the expiry of the Minimum Service Period. We will give you at least 30 day’s written notice before any such change to the charges occurs. If the charges are increasing, you can cancel the Services by giving us notice of cancellation within 30 days of us notifying you. If you decide to cancel any element of the Services, you will still be liable for the balance on your account including, but not limited to, any charges due under this Agreement up to the date of termination.
  3. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  4. Invoicing. Our invoices will be issued via email. You can request paper invoicing; however, this will incur an additional charge of £3.00 per month.
  5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  6. Means of Payment. Our charges are based upon payment by credit card, debit card or direct debit. You agree that you will provide us with updated credit card, debit card and direct debit information in a timely manner to allow us to collect any and all on-going charges.

Your rights to end the Contract

Statutory Right

You can cancel the Services and any Equipment we supply that is needed to use that Services anytime up to 14 calendar days starting from the day after the Contract comes into existence (as explained in paragraph 3.2). In the event that you wish to cancel the Contract under this paragraph the following provisions shall apply:

11.1.1 You must tell us of your wish to cancel the Contract in writing or by telephone or by email. (the “Cancellation Notice”). You may use the model cancellation form set out in the Annexe to these terms and conditions, but it is not obligatory. Please see paragraph 2.2 for our contact details.

11.1.2 If you cancel after we start to provide the Services you must pay the Charges for any period that the Service was made available to you up to the date that you told us you wanted to cancel, including any installation or activation charges.

11.1.3 If you cancel your Order after any or all of the Equipment has been delivered to you or installed at your Property, you will be responsible for the cost of returning the Equipment to us and, if necessary, the de-installation of any installed Equipment in accordance with our published prices in force from time to time (details of which can be found on our wesbsite).

11.1.4 After the Equipment is returned to us or collected by us we will promptly test and inspect the Equipment. If any Equipment is reasonably deemed by us to be damaged or in any other way faulty (not being damaged by us or a result of manufacturing defect), we will raise a charge equivalent to the reduction in value of the Equipment whether by way of replacement or repair, whichever is the lower.

1. 1. Following Expiry of the Minimum Service Period. You may end the Contract by writing to you giving you at least one full calendar month’s notice in writing, such notice to expire no earlier than the end of the Minimum Service Period.

Our rights to end the Contract

1. Following Expiry of the Minimum Service Period. We may end the Contract by writing to you giving you at least one full calendar month’s notice in writing, such notice to expire no earlier than the end of the Minimum Service Period.
  1. We may end the Contract if you break it. We may end the Contract at any time by writing to you if:
    1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
    2. you do not comply with an important clause or condition of the Contract or several less important clauses or conditions and (if the breach is capable of being put right) you do not put it right within 21 days of being requested by us to do so in writing;
    3. you are subject to bankruptcy proceedings or in our reasonable opinion unable to pay your debts;
  2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 12.2, you shall be required to pay to us an amount equal to the charges you would have paid for your chosen Services for the remainder of the Minimum Service Period Term.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services and/or Equipment products and for defective Services and/or Equipment under the Consumer Protection Act 1987.
When we are liable for damage to your Property. In relation to the installation of any Equipment at your Property carried out by us, we will make good any damage to your Property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your Property that we discover while providing the Services (or any part of them).
We are not liable for business losses. The Services and any Equipment are being provided to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information. We will only use your personal information as set out in our privacy policy. You can find our privacy policy at westernpeak.co.uk/privacypolicy

Other important terms

1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. Events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms which is caused by events outside our reasonable control including severe weather conditions and any Government imposed restriction of movement.
5. If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6. Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
7. Which laws apply to the Contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.