Terms & Conditions

1.1 To order the Service from us you must be at least 18 years old, have a valid email address and a bank account from which we can take payments by Direct Debit. You can provide us your bank details using the secure online link we will make available to you.

1.2 You can order the Service from us either online, by email, over the phone or in person.

1.3 After you have placed your order we will, if we can, accept your order for Services and send you an Order Confirmation. This will set out all the details about the Services we will provide to you, and how much it will cost you. But we will reject your order if we are not satisfied that you are 18 or over or if you fail any credit check that we may carry out. We will also share your payment performance history with credit reference agencies.

1.4 These Terms will become legally binding once we have accepted your Order. We will then send you an Order Confirmation with a copy of these Terms which will let you know when the Services will start and ask you to confirm your Direct Debit details.

1.5 In the Order Confirmation we will let you know if we need to arrange a time to come and visit your premises to install any equipment that might be necessary for the Services to work. When we visit we will may connect the Services to at least one of your devices using the wireless router that we will supply (see more about this equipment below).

1.6 We will try to ensure that we provide the Service to you by the Service Commencement Date or earlier. But to provide you with the Services we may need you to obtain any consents or approvals or rights of way if necessary for the provision of the Service.

1.7 Upon the Service Activation date, we will charge you one month’s full subscription in advance and we may charge you again within 30 days in order to align with your preferred payment date. After that first payment has been made you will then benefit from any free period of Service that we have agreed to provide you, as set out on your Order Confirmation.

1.8 When you contact us, we will take steps to verify your identity as the Account Holder. If you wish for someone else to contact us about your account or the Services we are providing under these Terms, then you must let us know and we will only communicate with them once we are satisfied that they have your permission.

2.1 You can change your mind and cancel the service within 14 days of your Service starting (the cooling off period). If we have started providing you the Service, you’ll have to pay us for the cost of the Service we have provided you including any activation fees.

2.2 If you upgrade to a new contract while you are still within the Minimum Period on your old contract, and then choose to cancel the new contract during the 14-day cooling off period, we will revert you back to your original plan for the rest of the original term Minimum Period you signed up to.

2.3 If you cancel a service within the cooling-off period and we’ve provided you with loaned equipment for that service (such as a 4G router), the agreement won’t end until you’ve returned the loaned equipment.

2.4 You must return to us the loaned equipment, within 14 days of cancelling a service. We’ll give you some pre-paid packaging to do this. If you don’t return the loaned equipment within 14 days you’ll have to pay the full cost of the loaned equipment. Once the loaned equipment is returned to us we will inspect it and if it is damaged we will charge you the full value of the equipment.

2.5 In most cases in order to provide you the Service we have to rely upon the broadband routers which are part of your property. If you cancel the Service you agree that you will not damage these routers or attempt to move them physically within your home or remove them altogether, without our express written permission. You acknowledge that although you may no longer require the Service the router is a physical part of your home and the next person who lives there may want to use the router. If you do damage the router we may seek compensation from you for doing so.

3.1 You or any other member of your household may use the Service. But it is your responsibility to keep any usernames or passwords secret. Do not disclose them to any other person for any reason

3.2 If you lose your password or disclose it to someone else then you must tell us immediately. Until you inform us that your password has been shared, lost or stolen, you will be liable for anything that is done with your account by someone else using your log in details during that time.

3.3 We may deactivate, change or ask you to change your user account passwords at any time if we (i) believe that there has or is likely to be a breach of security, or (ii) to protect the Services for the sue by others, or (iii) if you have breached these Terms, or if (iv) if we are legally required to do so.

3.4 You are responsible if you or anyone else in your household mis-uses the Service in breach of these Terms. It is your responsibility to make sure that people in your household comply with these Terms when using the Service.

4.1 You agree that you will not use the services for any commercial or resale purposes. The Service is only for your personal use.

4.2 We will provide the Service to you with reasonable care and skill. We will provide the Service throughout the original minimum term you have signed up for (Minimum Term) and thereafter on a rolling basis until either you or we terminate the Service on 30 days’ notice, or in accordance with the section on Ending Your Agreement below.

4.3 You may at any point during the Minimum term or afterwards choose to buy new Services from us, and if so we will provide you those Services for the new Minimum Term you may have agreed with us.

4.4 We may change the Service from time to time and add in extra features or functionality. But if we do so we will keep the quality, quantity and variety of features and functions overall constant.

4.5 We will try to provide you with an exceptional Service. But your use of the Service is at your sole risk and you assume full responsibility for all costs associated with it, unless we have negligent or we have breached these Terms in which we will be liable to repair the Service of fix any faults as required. However, you accept that we may not always be able to provide the Services entirely free of faults and that we do not undertake to do so.

4.6 We may restrict your use of the Service if we find that you are in breach of our Fair Usage Policy.

4.7 You accept that we may not be able to provide you with the Services if something happens to us that is outside of our control which prevents us from doing so. You should be aware that if that happens you may not be able to make emergency calls. We shall also try to resolve the underlying problem as soon as we can. But if after one month we have not been able to resolve the underlying issue then either you or we can end this Agreement in line with the section below on Ending your Agreement.

4.8 If you do suffer any fault with the Service you must let us know as soon as possible by contacting us on 0330 223 2266 or if a connection is available by other means by email to hello@grainconnect.com. We will investigate the fault and try our very best to fix it as soon as we can.

5.1 We may sometimes have to interrupt the Service for operational reasons or for planned maintenance, or to upgrade it. If we do so then where possible we will give you forty-eight hours notice by email. But sometimes it may not be practical to give you notice of an interruption and in such circumstances you shall have no claim against us for any such interruption.

5.2 When we upgrade the Service, we may need you to indicate that you accept the upgrade and if necessary any revised terms of service, which may mean changes to these Terms. Where your ongoing use of the Services requires you to accept any updates that we provide and you refuse to accept the updates by refusing to select the “I AGREE” checkbox, we may end our agreement to provide you with the Service and the Service will end on the day of your refusal. In such event, you will receive a refund on a pro-rata basis for any period of time that has been paid for after the termination.

6.1 Wi-fi Boosters: You may either choose to buy the wi-fi boosters for the price we tell you at the time you place your order as set out in the Price Guide, or alternatively you may choose to hire the wi-fi boosters from us on a temporary basis for the wi-fi booster rental price we set out in our Price Guide.

6.2 If you choose to hire the wi-fi boosters from us then, when your contract ends for whatever reason, you must return the wi-fi booster to us following our written instructions. We may end your Agreement with us for the Service if you fail to keep up with your wi-fi boosters’ rental payments. If you fail to post the wi-fi boosters back to us or show proof that you have posted it, within 30 days of being asked to do so, we will charge you for the cost of the wi-fi boosters as compensation to us. Equally if the wi-fi boosters are damaged beyond fair wear and tear we may charge you for the cost of a replacement or the cost of repair (whichever is cheaper).

6.3 4G router: Where we are unable to provide you with the fibre broadband Service immediately or for a period of time after you have placed your order we may instead provide you with a 4G router. We both agree that the Service from a 4G router will not be as strong as full-fibre broadband service. If we do provide you with a 4G router then we will:

a) aim for you to have to use it for no more than two weeks;

b) send it to you in full working order with a SIM card already loaded so that you can use it immediately.

6.4 When we connect your live Service, you must send back to us the 4G router with the SIM and any other parts, following our written instructions. If you fail to return the router to us within 14 days of being asked to do so, or you send the router back to us and it is not working for reasons other than fair wear and tear, then we will charge you the cost of a replacement router as compensation to us. You may not allow the router to be used by anyone else other than yourself and those who you co-habit with. You may not allow other people who live in separate apartments or flats in the same property as you live in, to use the router.

7.1 All of the charges you will have to pay are set out in the Order Confirmation we send you. We will waive the Set-up charge when we are connecting you to the Service. But if you decide to cancel your order for the Service within 14 days of placing your order then we will charge you the Set-up charge. If you do not cancel your order within 14 days then you will not have to pay the Set-up charge. If for whatever reason we are unable to install the equipment we will not charge you the Set-up charge in any event.

7.2 Charges, apart from the installation charge, will be on a monthly basis. We will make all invoices available on request from hello@grainconnect.com and these invoices will include itemised billing at no charge. If, for exceptional reasons, we agree to accept a payment method from you other than by direct debit, we will charge you a non-Direct Debit charge for not paying by Direct Debit.

7.3 If you cancel the Agreement you will not be entitled to a refund for any Service you have paid for in advance but not used. If you end your Agreement during the Minimum Term you will have to pay us early termination charges which you can find here.

7.4 All charges include VAT. If the VAT rate changes we will adjust our charges accordingly from when any change in the VAT rate comes into effect.

7.5 If you owe us any money then we may set that amount off against any amount we may owe you.

7.6 We will not charge you for any call to our customers helpline or to the emergency numbers 999 and 112.

7.7 We will not charge you for fixing any faults in your Service unless upon investigation we find that either there was no fault, or the fault was caused by you. In those cases, we will charge you for any time incurred and any equipment that we may need to replace, in accordance with our Price Guide.

7.8 If you miss a booked appointment and do not provide us with at least 24 hours notice we reserve the right to charge you a missed appointment fee in accordance with our Price Guide.

8.1 If you miss a payment we will let you know and ask for you to make an immediate payment. We may also charge you a Late Payment Charge. If you are still unable to pay your debt after 14 days then we may suspend your Service. During any period of suspension, you will still be liable to pay us for the Service. If you have still not paid the outstanding debt after [30 days] of the original missed payment, then we will end your Service.

8.2 We will then write to you asking for you to pay the monies that you owe us. If you still fail to make payment then we may pass your debt on at that point in time to a Debt Collection Agency

8.3 If we do pass your details to Debt Collection Agency (DCA), we will give them your details, including your personal information and ask them to collect the debt you owe for us. The DCA may levy a charge to us for collecting the debt. Where they do so we will pass that charge on to you to cover our costs. VAT will not be added to any extra charge we add to your bill.

8.4 If we have suspended the Service we may charge you a re-connection charge to re-connect your service after we have ceased your Service for non-payment.

8.5 If we consider that you are having difficulty in paying the for the Service then we may reach an agreement with you to downgrade your Service to a more affordable version for a temporary period of not more than three months. After the three months has ended we will revert you back to your original Agreement. We will only do this once during your initial Minimum Period. After the Minimum Period has ended you may choose to downgrade or upgrade your Service as you need.

9.1 We may have to enter your home to install the equipment and if there is a fault we may need to return to your home to check that the equipment is working properly and replace it if necessary. We may also need to inspect the equipment on occasion to make sure it is working properly.

9.2 If we do so we will give you as much notice as possible when we arrange a time to visit you. However, any installation time on the date we give you will be an estimate. But if you are not present when we do come to visit you then we may charge you for our time.

9.3 When we do install equipment in your home it is your responsibility to make sure that we have the necessary permissions to do so. You may need to check the terms of your lease or your tenancy agreement with your landlord before we proceed. This means that you must at your own expense permit, or obtain for us all permissions, licenses, registration and approvals necessary for us or our agents to have access to your premises in order to do the necessary installation work. Even after this Agreement ends you must allow us access to your premises to maintain the equipment until such time as we have removed all our equipment from your Premises.

9.4 Once we have finished the installation you will need to agree to comply with the terms of any relevant end-user software licence agreement or such other license terms as may apply agreement to your use of the equipment. These terms are available to you from us upon request.

10.1 We will install the equipment to provide you with the Service. We will make sure that the equipment is able to provide the Services when we install it.. We will own the router that we have installed in your home and we are loaning it to you so that you can use the Services. You will own any other equipment we sell to you in connection with the Services such as wi-fi boosters (unless we have loaned you a 4G router to use temporarily until the service is live – see section 6 above).

10.2 You will be responsible for keeping the equipment we have loaned to you safe and secure. You will be liable to us if the equipment is damaged beyond fair wear and tear. You must let us know if the equipment does become damaged. You also agree that you will:

a) keep the equipment at home,

b) look after the equipment in line with our instructions

c) not alter, repair or interfere with the equipment without our consent

d) not connect any other broadband routers to our network that we have not supplied to you

e) not sell or give the equipment to anyone else

10.3 We will not be liable to you or any third party if you suffer any losses because of your mis-use of our equipment. We will not be liable to you for any work carried out by any third party which has an impact on the Services. We will only be liable to you for mistakes that we have made in providing you with the Services.

11.1 You may not use the Service:

a) for any illegal purposes

11.2 You agree that you will not resell the Service or any part of it to anyone else.

11.3 You also agree that you will keep all electronic devices that connect to the Services secure by keeping them updated with the latest security software updates.

11.4 You will comply with our Fair Usage and Acceptable Usage policies and if you do not do so we may disconnect you from the Service.

12.1 If we have to investigate any breach of this Agreement or any breach of the security of our network you expressly authorise us to use your personal data for such purposes where relevant for us to do so.

12.2 If we decide you have breached this Agreement then we will give you 28 days to resolve the problem. If we are not satisfied that the problem has been resolved we may then either suspend the Service, or end this Agreement without making any compensation payment to you. We may seek compensation from you if the breach has caused us harm or additional costs. For example, if you have breached the Acceptable Usage policy or transmitted defamatory content over our network.

13.1 Either you or we may end this Agreement:

a) if one of us has breached this Agreement and not been able to resolve the problem with 28 days, or;

b) after the end of the Minimum Term for any reason on giving 30 days’ notice to the other party.

We may end this Agreement immediately if:

a) it becomes illegal for us to carry on providing you the Service;

b) one of our underlying wholesale network service providers supporting us in providing you the Services ceases operations or materially alters the service they are providing us such that it is no longer economically possible for us to provide you the Services;

c) something happens beyond our reasonable control which means we can no longer provide you with the Service

13.3 If we have to end the Service for any of these reasons we will refund to you any fees you have paid us in advance for the provision of Service we can no longer provide.

13.4 If you move home we may be able to provide your Service at your new home. If that is possible for us to do we will charge you an administration fee as set out on the Price Guide. We will continue to provide the Service at your new address. If it is not possible then we will end the Agreement when you change your address.

13.5 If we suspend the Service because you are in breach then we will continue to charge you during the period of suspension. We will also charge you a reconnection fee to carry on providing you the Service after suspension has ended.

14.1 If you upgrade to a new contract while you still have a period left on your old contract, and you then choose to cancel the new contract during the 14-day cooling off period, you will go back onto your original plan for the rest of your original term.

14.2 If you end your Agreement during the Minimum Period, or we end the Agreement because you have failed to pay for the Services, you will have to pay us early termination charges. Details of how much you may have to pay will depend on the package you have signed up to. More information can be found on the Price Guide. You will also have to return to us our equipment following our instructions. If you do not return the equipment to us we will charge you for it. Details of how much the charge is likely to be can be found here.

14.3 If you end your Agreement during the Minimum Period and then either upgrade or downgrade to a new package with us please be aware that if you then terminate your new contract during the 14 day cancellation period, then under clause 2.2 of these Terms as they will apply to your new contract for Service, we will hold you to your originally agreed Minimum Period.

14.4 You acknowledge that we will only ever offer a new Minimum Period when there is a change of occupancy at your premises. We will not offer a new Minimum Period to someone who is living with you at your address. If we reasonably believe that a new Minimum Period has been entered into by someone who was already living at your address while you were originally receiving the Services then we will cancel the Minimum Period they may be on and revert back to the standard price for the Service as set out in the Price Guide. We will however offer you or someone else at your address a new Minimum Period if you or they wish to upgrade the Services being provided by us.

14.5 If you leave your address but someone else is content to take over the contract for the provision of Services under these Terms then we will continue to provide the Services under these Terms to that new person, if we agree to do so after you have notified us.

14.6 From time to time we may offer you a financial incentive to contract with us for our Services. Check our website for any offers that may be available.

15.1 What we’re not responsible for and limits on our liability. We accept responsibility with no limit on liability in the following circumstances:

a) Where we cause death or personal injury though our negligence;

b) For any fraud or fraudulent statements made by us; and

c) For any other liability that we cannot exclude by law.

15.2 We accept liability for loss or damage to your physical property arising from our negligence up to £100,000 in total for any one event or series of events in any one 12-month period.

15.3 Our liability to you in contract if the Service is not working for any reason is limited to £1500 in compensation per year.

15.4 Other than where clause 15.1 applies we will not be liable to you for:

a) any delay or failure caused by something beyond our reasonable control which might include lightning, flooding, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action;

b) any losses caused by your breach of the terms of this Agreement;

c) any commercial or business loss or any loss caused by malware or the unauthorised use of the Service on any of your devices;

d) any loss caused by corruption or loss of data or information;

e) any failure of any alarm systems due to incompatibility with the Service;

f) any other reason which is not due to our fault or neglect;

g) your use of any equipment not supplied by us; and

h) losses which we couldn’t reasonably have expected or which we couldn’t have considered when entering into the agreement.

16.1 You agree that we have the right to process your personal data under this Agreement in order to provide you the Service. See our Privacy Policy for more information on how we will use your personal data.

17.1 We will contact you by email or phone call using the details you give to us when you send in your order. You may contact us using our details set out at the top of these Terms.

18.1 We may assign or sub-contract any or all of our rights and obligations under these Terms without your consent to such assignment or sub-contract. You may not sell, lease, sub-licence, assign or otherwise transfer, in whole or in part, by operation of law or otherwise, your rights under the Terms or any rights or obligations set out in these Terms without our prior written consent.

19.1 All title, interests, and rights including intellectual property rights in the Service and the material on our website remain ours. You agree that we have all such title, interest and rights and that you shall not take any action to jeopardise, limit or interfere in any manner with our rights with respect to the Service.

19.2 You may not reproduce, copy, distribute or store or in any fashion re-use material from our website or our trademarks without our permission in writing.

19.3 You acknowledge that title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable law. We do not give you any interests or rights in such content under these Terms.

20.1 We may add to and/or amend these Terms or any other aspect of the Services we provide you at any time for any of the following reasons:

a) Change the way we structure our charges;

b) Reflect changes to or developments in technology (for example, we may introduce new Equipment or ways to pay for the Service);

c) Withdraw, replace or remove all or parts of the Service or Equipment;

d) Update, upgrade, improve or alter the Service or Equipment (for example, to fix bugs or faults, tackle security issues, improve software etc);

e) Reflect a change in our ability to provide the Service (for example, if we increase our coverage somewhere);

f)Reorganise the way we manage or run our business;

g) Reflect any change to a law, code of practice, regulation, guidance or responsibility that applies to us; or

h) Change, improve or update the Equipment or the Service you get or to introduce new Services or Equipment.

20.2 As we cannot predict the future and we may be providing you with the Service for a long time we may also change these Terms for some other reason that we are not aware of at the moment.

20.3 If we change these Terms or any other aspect of the service we provide you, and such a change is to your material detriment then we will send you a letter or email advising you of the change at least thirty (30) days before the change takes effect. If you do not accept the change, you may end your use of the Service by sending us written notice to this effect to the contact details at the top of these Terms. You must do this within thirty (30) days of us writing to you initially. We will then refund you any fees paid to us for Service after such changes had come into effect. If you continue to use the Service after any changes to these Terms or the Service have been notified to you and after the thirty (30) days period has expired, you will be deemed to have accepted such changes.

These Terms together with the documents referred to within them comprise the entire agreement and understanding between us in relation to the Services, and replace all other agreements and representations made by us relating to the Services and these Terms.

The documents referred to above include those pages on our website hyperlinked to within these Terms setting out our:

a) Privacy Policy

b) Fair Usage Policy

c) Acceptable Usage Policy

22.1 These Terms are governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

22.2 However, if you are resident in Northern Ireland or Scotland, you may also bring proceedings where you live. If you access our website from locations outside the United Kingdom, you are responsible for complying with all applicable local laws.

23.1 If there is a problem with the Services, you may wish to exercise your legal rights to reject the Services. In the event of this, you must contact us at hello@grainconnect.com. We will try our best to settle your complaint.

23.2 If we have not resolved your complaint within 8 weeks we will, with your permission, refer your complaint to the Consumer ADR Department Centre for Effective Dispute Resolution 70 Fleet Street London EC4Y 1EU for resolution. We will be bound by their decision. You will not have to pay for them to consider your complaint.

In these Conditions:

Account Password

means a secret password that we may ask you to set up which you will be required to cite to prove your identity before you may make changes to this Agreement or to your payment arrangements or to your account with us;

Agreement Date

means the date on which the Company accepts an Order from the Customer requesting the provision of Service;

Authorised Person

means, in relation to Your Online Account, a person identified by you to us as authorised by you to give and receive instructions, receipts and acknowledgements under this Agreement;

Business Customer

means (i) a person who uses the Service in connection with his or her trade, business or profession; and/or (ii) a company, partnership, trust, statutory body, governmental entity or other organisation;

Carrier

means any supplier of telecommunications services utilised by the Company to assist in the delivery of the Service;

Charges

means any of the charges (including without limitation any supplementary charges pursuant to Clause 5.10) payable by the Customer for the provision of the Services pursuant to this Agreement and as set out in the Order and/or the Schedule and/or any amendment thereto in accordance with this Agreement;

Company Equipment

means any apparatus or equipment owned by the Company and provided by the Company or any third party to the Customer for the Company’s use at the Premises in providing the Service including without limitation any, router, repeater, telephone, or onward transmitter and/or CPE so provided;

Company System

means the telecommunication system and network operated by the Company for the purposes of this Agreement, including any apparatus leased by, or otherwise obtained by, the Company from a third party;

Consumer Customer

means a Customer who is not a Business Customer, using the Service for personal or domestic use only;

CPE (Customer Premises Equipment)

means any Company Equipment which is made available by the Company for your use at the Premises;

Customer Apparatus

means apparatus in the Premises which is not owned by the Company and may be connected to the Company Equipment directly or indirectly, including without limitation any router and/or switch or telephone, which may be used by the Customer in conjunction with the Company Equipment in order to obtain the Service;

Due Date

means the date for payment for the Service as set out in Clause 5.3;

Electrical Supply

means, a stable 5 amp 50Hz alternating supply of electricity at 230 volts at a wall- mounted double socket within five metres of the location for the CPE which we have accepted as suitable for the provision of the Service;

Fixed Contract Term

means the period specified in the Order for the provision of the Service which shall not be more than 24 months, beginning on the Service Commencement Date or, if it is later than the Service Commencement Date, the date when the Company informs you that Service is available in terms of Clause 7.10;

Force Majeure

an event which was not reasonably foreseeable and is outside the control of the parties;

GCLAUP

means the Company’s Acceptable Usage Policy (found at www.grainconnect.com as amended by the Company from time to time and available on the Company’s website www.grainconnect.com outlining what we consider to be acceptable and unacceptable use of the Service by our

customers so that we can take appropriate steps against any abuser of the Service as amended by the Company from time to time;

GCLFUP

means the Company’s Fair Usage Policy (found at www.grainconnect.com as amended by the Company from time to time and available on request from the Company outlining what limits and/ or restrictions that we may apply to Customers’ usage of the Service;

Internet means the interconnected system of networks that connects computers around the world through an established protocol enabling the transmission and exchange of electronic information and data;

Internet Service

means connection of your CPE to the Internet;

PPPOE Username and Password

means two confidential codes which we shall enter into the CPE and at your request make available to you that will permit your CPE to connect to the Company’s Service;

Premises

means the premises specified in the Order where the Service is to be provided;

RIPE NCC

means the RIPE Network Coordination Centre, an  organisation  that  maintains a database of European IP networks and their management information;

Schedule

means the schedule attached to these Conditions;

Service

means the installation (where applicable), connection and supply of a telecommunications circuit capable of providing a data and or a voice connection at the Premises in accordance with the Order and the provision of such a connection over such a circuit at termination point provided by the Company available for connection of the router, telephone or any other appropriate device.  For the avoidance of doubt, Service does not include the connection through any router, telephone or other Customer Equipment in or on the Premises whether made available or provided by the Company or not;

Service Commencement Date 

means the date (or dates) from which the Company advises the Customer that the Service is available;

Standards of Service

means those provisions in the document entitled Standards of Service relating to the level of service indicated in the Order on the Company’s website, www. grainconnect.com;

Standard Tests

means the tests carried out by the Company or by a  third  party  appointed by the Company to determine whether the Service is ready;

VoIP

means voice-over internet protocol; an internet or broadband voice communication service.

VoIP Username and Password

means two confidential codes which we shall make available to you that will permit your Customer Equipment to connect to a VoIP switch for the purpose of making telephone calls over the Internet;

Website

means the Company’s website to which these Conditions are linked www.grainconnect.com;

Wi-fi Username and Password

means two confidential codes which we shall enter into any router we may provide to you and at your request make available to you that will permit that router to connect to other devices that emit those codes within its range;

Working Hours

means the Company’s hours as advertised from-time-to-time on the Company’s website; and

Your Online Account

means arrangements for the submission of invoices and statements by the Company to the Customer and the arrangements for payment on any website provided by the Company for that purpose from time to time.

Reference to any statute or statutory provision shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any by-laws, statutory instruments, rules, regulations, orders, notices, directions, consents or permissions made or given thereunder.

Reference to words importing the singular only also includes the plural and vice versa where the context requires.

The headings in these Conditions are for ease of reference only and shall not be taken into account in the construction or interpretation of these Conditions.

By submitting your Direct Debit details to the Company, you confirm to us that you have read, understood and accepted the terms of the Agreement. If there is anything you do not understand, please telephone us on 03302232266 during Working Hours, or email us at hello@grainconnect.com.

A reference to writing or written includes e-mails.

If you are a Consumer Customer, you must be 18 years or older to register for the Service and you may have a right to cancel your Order as detailed in Clause 13.

2.1 You can make an order for the Services through our Website, via email, by phone or through a meeting with one of our sales representatives. The Service is described in the Order and in Description of Service which is published on the Website.
2.2 in order to discuss an enquiry for the Services (“Enquiry”);
2.3 if you do not already have a Customer account, you will need to provide the required personal details and we will create a Customer account for you;
2.4 you may be asked to select an Account Password as part of the registration process to open your Customer account. You must use all reasonable steps to keep your Account Password confidential, and must inform us if you suspect or discover that your Account Password has become known to someone else;
2.5 once we receive your Enquiry, we will either: (a) send you an Order Confirmation; or (b) if we require further time to assess your Enquiry, confirm our receipt of your Enquiry by sending you an email confirming the information you included in your Enquiry (“Enquiry Confirmation”). These Conditions will NOT be binding until we issue an Order Confirmation; and
2.6 once we have assessed your Enquiry, we will send you an email (“Order Confirmation”) to confirm:
(i) that your order has been accepted;
and (ii) the specific time and date for performance of the Services (at which point your Enquiry will become an “Order”). This Agreement together with the Order will become legally binding between you and us when you submit your direct debit details and each Order shall incorporate these Conditions and shall be a new and separate contract between you and us.
2.7 During the ordering process you should make us aware of any special conditions such as disability of end-users.
2.8 By submitting your Direct Debit details you confirm you are signing up to receive our Service for a minimum of the Fixed Term contract. You will be charged one full month’s subscription fee in advance and may be charged a second time in the same 30 day period. This is in order to comply with our Payment in Advance policy and align your preferred payment date.

Service set-up
3.1 After you have received the Order Confirmation, we shall arrange a time to visit the Premises and install any elements of the fixed parts for the Company Equipment that have not already been installed. we shall supply to you a wireless router which contains a PPPOE Username and Password which remains confidential to us;
3.2 On entering your valid security details, we shall provide our Internet Service to your account connected by the Company at the Premises and our VoIP service, if we have agreed with you to include it in the Service.
3.3 After we provide you with wireless router, we shall also provide you with a Wi-fi Username and Password which will enable it to connect with your Customer Apparatus.
3.4 The Company shall use its reasonable endeavours to provide the Service to you by the Service Commencement Date, earlier, or such later date as may be notified to you by the company, subject to your obtaining (at your own expense) all consents, approvals, servitudes and rights of way necessary for the provision of the Service and other similar rights relating to installation of the
Company Equipment. The company reserves the right to:
3.4.1 comply with any directions it may receive from national security organisations; and
3.4.2 prioritise types of traffic as it deems appropriate.
3.5 By setting up an account with us, you represent and warrant that:
3.5.1 you are at least 18 years of age;
3.5.2 if you are a Business Customer that you have authority to bind the business;
3.5.3 you are using your actual identity;
3.5.4 you have provided only true, accurate, current and complete information as requested by the registration form; and
3.5.5 you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete by sending us an email to hello@grainconnect.com in accordance with Clause 16; and you have the authority to purchase and pay for the Service.
Account security
3.6 You shall not share use of the Service, or any part of it, with any other person, except that:
3.6.1 if you are a Consumer Customer, you may share the Service with members of your own household at the same Premises; or
3.6.2 if you are a Business Customer you may share the Service with any person employed by, or contracted to, you or by or to any subsidiary of yourselves but not from the Premises to any other premises.
3.7 It is your responsibility to keep your usernames and your passwords confidential and not to disclose them to any other person for any reason.
3.8 If you disclose your password or security phrase we shall not be liable for any losses you incur if they are misused. 3.8 You must notify the Company immediately if any unauthorised third party becomes aware of your account details. Except when you have notified us otherwise, you are fully responsible for all actions taken and charges incurred in circumstances in which your Account Password, your PPPOE Username and Password or your VoIP Username and Password has been provided in respect of your account whether or not the use is made by you or by someone else using any of your usernames and/ or your passwords. Any breach of this Agreement by any user of your account may be treated by the Company as a breach by you.
3.9 The Company reserves the right, in its sole discretion, to deactivate, change or require you to change
your user account, passwords, and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services where necessary: (i) if at any time it considers that there has been or is likely to be a breach of security; (ii) to protect the Services or the safety and security of any user; (iii) if you are in breach of these Conditions; or (iv) where otherwise required to comply with applicable law.
3.10 You are responsible for any misuse of the Service or breach of the Agreement by anyone with whom you share use of the Service. You shall ensure that any person with whom you share use of the Service under Clause 4.5 complies in full with this Agreement as if they were an original party to it.
If you are a Business Customer you agree to keep full and accurate records of any and all operating units on or in connection with which the Service is enabled and shall permit the Company to review and evaluate such records from time to time to ensure your compliance with your obligations in this Clause 4.10.

Term
3.11 This Agreement shall come into effect on the Agreement Date and shall continue in full force and effect for the Fixed Contract Term and thereafter on a rolling monthly basis at the Company’s monthly rate of charge, unless terminated by either party in accordance with clause 12 of these Conditions or such other Clause as may be applicable in the circumstances.
3.12 In the event that the Company agrees with you to provide new or additional services or change the Service under this Agreement, a new Fixed Contract Term shall apply to each new, additional or changed service(s) from the new Service Commencement Date as advised by the Company and you shall be required to pay the relevant Charges as notified in advance
and agreed between you and the Company.
3.13 From time to time we may alter the features and functions made available as part of the Service in
accordance with Clause 21, but we shall endeavour to keep the overall quality, quantity and variety of features and functions consistent. We shall ensure that the Service functions properly and efficiently at all times. In the event of a Services breakdown or Force Majeure event, the fullest possible Service will be available and uninterrupted access to emergency services shall be offered.
3.14 If you are a Consumer Customer, we are under a legal duty to supply
the Services in conformity with these Conditions. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Conditions will affect your legal rights.
3.15 If there is a problem with the Services, you may wish to exercise your legal rights to reject the Services. In the event of this, you must contact us at
hello@grainconnect.com.

Service delivery
3.16 The Company shall provide the Service to you according to these Conditions.
3.17 The Company may obtain services from Carriers and suppliers in order to supply the Service to you.
3.18 Though we aim to provide you with an exceptional Service, you expressly agree that use of the Service is at your sole risk and you assume full responsibility for all costs associated with your use of the Services unless, if you are a Consumer Customer, such servicing or repair is necessary solely as a result of the Company’s negligence or breach of these Conditions.
3.19 Despite our endeavours to provide a Service which functions effectively at all times, you accept that the Company may not always be able to provide the Services entirely free of faults and that the Company does not undertake to do so.
3.20 The Service is provided to you on an “as is” and “as available” basis and to the fullest extent permitted by applicable laws we exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. This Clause does not affect any statutory or other rights available to you at law.
The Company reserves the right to restrict or prioritise the Service at its absolute discretion and in particular and without limitation to the foregoing the right to limit the Service if you use the Service in contravention of the GCLFUP.
3.21 You accept that the Company may cease to be able to provide the Service to you for material technical or Force Majeure reasons. The Company shall as far as possible always provide uninterrupted access to emergency service calls. If such technical problems are, in our opinion, likely to cause long term disruption to the provision of the Services and are irremediable within a reasonable time period after they are discovered, you and/ or the Company have the right to terminate the Agreement in accordance with Clause 12.
3.22 Should you encounter a fault with the Service you should report this to the Company on 03302232266 or if a connection is available by other means by email to hello@grainconnect.com. The Company will investigate the fault and will use its best endeavours to correct the fault in accordance the applicable provisions of the Standards of Service.
3.23 If you are a Consumer Customer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Conditions will affect these legal rights.
3.24 If you are a Consumer Customer, the Services supplied by us are supplied for your domestic and private use only. You agree that you will not use the services for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Updates
3.25 We may occasionally have to interrupt the Service or change the technical specification of the Service for operational or planned maintenance reasons,
updates, patches and fixes to the Service provision or because of an emergency at any time.
3.26 Where possible, the Company will endeavour to give reasonable advance notice of any foreseen interruption of the Service due to updates. You accept that it may sometimes not be practicable to give you notice of an interruption for an update and, in such circumstances, you shall have no claim against the Company for any such interruption.
3.27 If and when we issue updates, we may, but are not required to, make such updates available to you. Updates shall be governed by the terms of these Conditions.
3.28 We may also determine that in order to provide you with new updates, you will need to review these Conditions (as may be amended
by us at our discretion) again and accept them again, before you are permitted to access, use, download and/or install any such updates.
3.29 Where continued use of the Services is conditional upon your acceptance of any updates that we provide and you refuse to accept the updates
by refusing to select the “I AGREE” checkbox, your license to use the Services terminates on the day of your refusal. In such event, you will receive a refund on a pro-rata basis for any period of time that has been paid for after the termination.
3.30 The Company reserves the right to suspend or terminate the Service under Clauses 11 (Breach of Conditions) and 12 (Termination) or such other Clause as may be applicable in the circumstances.

4.1 At some locations a Sky entertainment offer will be available to customers, under no circumstance will the provision of content be the responsibility of the company.
4.2 In order to deliver Sky we are required to install equipment to our network to enable this. The company reserves the right to transfer customers over to the latest method of Sky delivery.

5.1 The installation and Services charges are agreed in the [Order]. Unless the Company Apparatus has already been installed, The Company will not attempt to install your Service until it has received from you the direct debit payment for any installation charge, in accordance with the Order. In the
event that it proves impossible at the time of installation to provide the contracted Service for any reason, such as if the Premises are of
non-standard construction or if the customer declines to have the CPE in a feasible location, the Company will refund such charge within fourteen (14) days.
5.2 Payment for the Service for any month shall be due in advance by the start of the relevant month (“Due Date”). Following the installation charge, unless otherwise agreed by the Company in writing, all payments for the Service will be due monthly. Any payment in advance for a month or other agreed period shall be for that period or part of that period so that no part refund will be due in the event of termination. In the event of early contract termination, you shall be entitled to cover termination fees. Please refer to the Schedule 1 – Charges for more information. The Company shall make all invoices available on request from our Accounts team on accounts@grainconnect.com . specified in the Order or at Your Online Account.
These invoices will include itemised billing at no charge.
5.3 All charges are inclusive of VAT. If the rate of VAT changes, we may adjust the VAT you pay on the charges, such adjustment becoming effective as from the effective date of the change in the rate of VAT.
5.4 You shall pay all amounts due under the Order in full without any deduction or withholding except as required by law and you shall
not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
5.5 Calls to our customer service helpline shall be free of charge and will not be identified on the itemised bill. Emergency call numbers 112 and 999 are not charged.
5.6 If you wish to dispute an invoice you must notify the Company in writing of any within thirty (30) days of the date of the invoice. If you are a Business Customer and you fail to pay the Company any sum due pursuant to the Agreement, you will be liable to pay interest to the Company on such sum from the Due Date at the annual rate of six percent (6%) above the base lending rate from time to time of NatWest Bank plc, accruing on a daily basis until payment is
made, whether before or after any judgement.
5.7 We may review and amend our Charges for the Services from time to time during the Fixed Contract Term or the successive term. Charges are always displayed on the website www.grainconnect. com. The Company shall be entitled to change the Charges on one months’ notice to you. If these changes are not acceptable to you, you may terminate the Agreement under clause 12, without charge. In the event that any proposed increases to the Charges are not acceptable to you, you will be entitled to terminate the Agreement by serving notice in writing to the Company, stating the reason for the termination in accordance with the notice process set out in Clause 12 within fourteen (14) days of such notification of an increase to the Charges.
5.8 If the Company carries out work in response to an alleged fault in the Service reported by you and following such work the Company
determines that: (i) there is no fault in the Service; or (ii) the fault was due to your act or omission, then the Company shall be entitled
to charge you for any such work carried out at the rates set out in the Schedule.
5.9 Save in the case of a demonstrable error, all charges in relation to Clause 5.10 shall be calculated in accordance with data recorded or logged by, or on behalf of, the Company.

6.1 You shall at your own expense permit, or procure all permissions, licenses, registration and approvals necessary for the Company and
its employees and/or any Carrier, agents or contractors to have free and safe access to the Premises in order to:
6.1.1 execute any works on the Premises for, or in connection with, the installation, maintenance, adjustment, repair, alteration, moving, replacement, renewal or removal of the Company Equipment;
6.1.2 keep and operate the Company Equipment installed in, on, under or over the Premises; and
6.1.3 enter the Premises to inspect any telecommunication apparatus kept in, on, under or over the Premises or elsewhere for the purposes of maintaining the Company System and/or providing the Services.
6.2 The permissions set out in this Clause 6 shall continue in force after termination of this Agreement until such time as the Company and/or any Carrier has removed all Company Equipment from the Premises.
6.3 You shall allow the Company and/ or any Carrier to have access to the Premises at all reasonable hours for the purpose of testing
or maintaining or replacing or removing any of the Company Equipment and/or the Service and provide a safe and suitable environment for such access visits. Wherever possible the Company will use its best reasonable endeavours to give 24 hours’ notice of requiring such access.

7.1 The Company shall agree with you a suitable date for the installation of the Service. The Company shall attempt to provide and install or procure the provision and installation of the Company Equipment at the Premises so that the Service can be provided on or before any installation date specified or agreed to by the Company. Any installation date given is an estimate only and the Company shall not be liable for any failure to meet such installation date.
7.2 You must procure before installation at your own expense all necessary permissions for such installation and by authorising the start of
an installation, you warrant to the Company that you have full authority to authorise such installation. Subject to Clause 15.3, you indemnify and hold us harmless against any loss or damage that we may suffer as a result of your negligence causing injury to our employees or loss to the Company by installing equipment at the Premises.
7.3 The Company shall supply you with any relevant information necessary to enable you to prepare the Premises suitably for delivery and installation of the Company Equipment. You shall at your expense provide suitable accommodation, facilities and environmental conditions for the Company Equipment and for its safe installation.
7.4 The Company shall attempt to comply with your reasonable requests in respect of the installation but the Company’s decision on the routing of cables and wires and the positioning of outlets and the Company Equipment shall be final.
7.5 You must make available an Electrical Supply at the Premises for the installation, operation and maintenance of the Company Equipment. The Company shall not be responsible for interruption or failure of the Services caused by a failure of such Electrical Supply.
7.6 You acknowledge that during the installation of the Company
Equipment for the provision of the Service other Customer Apparatus may suffer a temporary loss of service and/or interference. The Company will not carry out and is not responsible for any work on or adjustment to any equipment other than the CPE and the Company’s own network equipment.
7.7 You agree to comply with the terms of any relevant end-user software licence agreement or such other agreement as may be applicable to govern your use of the CPE which terms are available to you from the Company upon your request. You shall be responsible for any liability incurred by the Company as a result of any failure by you in this regard. Other than where required by law, any such CPE is supplied “as is” with no warranty as to its fitness for purpose or otherwise.
7.8 The Company shall use reasonable endeavours to assist by telephone on 03302232266 through its customer support service, but does not guarantee that it will be able to help resolve any such difficulties. Furthermore, the Company cannot accept any responsibility to address any queries or problems related to Customer Apparatus or CPE or that are shown by an initial diagnosis to be outside of the Company’s control or ability to remedy.
7.9 The Company does not warrant that any particular Customer Apparatus will be compatible with the Service and the Company shall not be responsible for supporting any Customer Apparatus.
7.10 Following installation of the Company Equipment, you will be entitled to use the Services only after the Company has informed you of successful completion of the Standard Tests to ensure that the Service is ready for use at the Premises. If the Company determines in its reasonable discretion that the Service cannot be made ready for use, the Company may decide that it is not possible to provide the Services at the Premises and shall be permitted to terminate this Agreement and remove its Equipment.
7.11 If your contract is terminated for any reason except the Company’s inability or failure to provide the service in contravention of this Agreement during a Fixed Contract Period, the Company shall be entitled but not obliged to remove the Company Equipment from the Premises and to make a reasonable charge not exceeding £100 for the cost of manpower and equipment for such removal. All such costs will be notified to you in advance.

8.1 The Company will install the Company Equipment at the Premises to provide the Service and may include in such installation any devices specified by the Company in its absolute discretion for receiving and transmitting radio and other signals of any kind for any purpose.
8.2 The Company Equipment shall at all times remain the property of the
Company or the third party supplier of such equipment designated by the Company notwithstanding that it may be situated on the Premises or affixed thereto and you shall at all times make clear to third parties that such Company Equipment is the property of the Company or a third party supplier of such Company Equipment. In particular, you shall not remove or obscure,
or attempt to remove or obscure, from the Company Equipment any marking or label indicating our ownership of the Company Equipment.
8.3 Notwithstanding Clause 8.2 above, you shall be responsible for ensuring at all times the safekeeping and proper use of the Company Equipment after delivery and installation at the Premises. You shall be liable to the Company for any loss or damage to the Company Equipment (except where it was due to fair wear and tear). You will notify the Company immediately of any such loss or damage in particular (without prejudice to the generality of the foregoing) you will:
8.3.1 keep the Company Equipment at the Premises and not to move it;
8.3.2 comply with all instructions the Company may notify to you and/or with the manufacturer’s instructions relating to the Company Equipment;
8.3.3 refrain from altering, adjusting, repairing, maintaining or otherwise interfering in any way with the Company Equipment unless the Company has given its written consent save in the case of emergency and you undertake that in such case you will advise the Company forthwith thereafter of the emergency action taken and circumstances requiring it and indemnify the Company against any losses the Company may incur due to such Customer action;
8.3.4 not to cause to be connected (directly or indirectly) to the Company Equipment or used with the Service, any equipment which is not technically compatible with the Service, or is not approved for that purpose under any relevant legislation or telecommunications industry standards;
8.3.5 not to do anything nor to allow to subsist any circumstances likely to damage the Company Equipment or detract from or
impair its performance or operation and not to add, modify, or in any way interfere with or impair the performance of the Company Equipment; and
8.3.6 not to attempt to sell, transfer, dispose of, let, mortgage or charge the Company Equipment or suffer any distress, seizure or execution to be levied against the Company
Equipment or otherwise do anything prejudicial to the Company or the owner’s rights in the Company Equipment.
8.4 You shall adequately insure the Company Equipment which is situated on the Premises or within your control and will provide written evidence of such insurance to the Company on request. The Company may specify the nature and level of such insurance and specify the insurance company to be used.
8.5 You shall at your own expense provide and maintain for the duration of this Agreement, a suitable environment, accommodation, facilities and electrical power for the Company Equipment in accordance with the relevant installation standards and regulations in order for the Company to be able to provide the Services.
8.6 The Company may operate the Company Equipment as part of its network to receive and transmit signals of all kinds with it whether or not related to the Service at the Premises.
8.7 You agree not to do or allow anything to be done to the Premises that may cause damage to, or interfere with, the Company Equipment or prevent its operation by the Company or easy access
to it and to inform the Company immediately if any such damage or interference is reasonably foreseeable or has actually occurred.
8.8 To the extent permitted by applicable law, the Company accepts no liability whatsoever for any loss that you or any third
party may suffer as a result of your misuse of the Company Equipment or CPE or for any accidental damage thereto.

9.1 On request by the Company, you shall provide to the Company information concerning the Customer Apparatus and any other information that the Company reasonably requires in order to install the Company Equipment and provide the Services.
9.2 Your Customer Apparatus must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards. You shall at your own expense modify the Customer Apparatus in accordance with the Company’s instructions if such modifications are necessary to enable the Company to provide the Services. You shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.
9.3 You shall be responsible for ensuring compliance with all statutes and other regulatory requirements relating to the Customer Apparatus and for obtaining all consents, approvals, servitudes, rights of way and other similar rights in relation to the Premises or any premises of which the Premises form part and which are required for the purpose of installing the Company Equipment and connecting the Company System to the Customer Apparatus.
9.4 The Company reserves the right to disconnect any Customer Apparatus if you do not fulfil your obligations under this Clause 10.
9.5 The Company accepts no liability whatsoever for any loss you may suffer as a result of your use or misuse of the Customer Apparatus or as a result of any faults in your Customer Apparatus. In particular, the Company is not liable in any way whatsoever if you damage
or incorrectly reconfigure any Customer Apparatus, for example a router, which you have purchased for use with the Service.
9.6 You shall be responsible for ensuring at all times that no action is taken
in relation to Customer Apparatus which is likely to impact upon your ability to receive the Service. If any such action does take place and you subsequently require the Company to reconfigure the Service in any way, then any costs incurred by the Company in this regard shall be borne by you.

10.1 The Service or any part thereof may not be used:
10.1.1 in any way that does not comply with the Agreement or with any legislation or applicable licence or that is in any way unlawful or fraudulent or, to your knowledge, has any unlawful or fraudulent purpose or effect; or
10.1.2 in breach of the GCLAUP or any other reasonable and lawful instructions the Company might give to you from time to time which are necessary in the interests
of health, safety, the quality of the Service, or the quality of the Carrier’s telecommunications services; or
10.1.3 in connection with the carrying out of a dishonest, tortious or criminal action; or
10.1.4 to send, knowingly receive, encourage the receipt of, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights or which may contain viruses or other similar programs, or which causes overloads to the Company System; or
10.1.5 to send or procure the sending of unsolicited advertising or promotional material; or
10.1.6 or attempt to use the Service in any way that modifies, decompiles or reconfigures the Service or any Company Equipment (if relevant) or software or copy any manual or documentation relating to the Service, without the Company’s prior written consent, except as set out in this Agreement or;
10.1.7 in any way that in the reasonable opinion of the Company could materially affect the quality of any telecommunications service, including the Service, provided by the Company or any Carrier.
10.2 You shall indemnify the Company against any claims or legal proceedings which are brought or threatened against the Company by a third party on the grounds that the Service is or has been used in breach of Clauses 10.1.1 to 10.1.7 above.
10.3 The Company reserves the right to block without notice any type of traffic which it judges in its absolute discretion to contravene Clause 10.1.
10.4 You shall be responsible for insuring against all loss of or damage to your data stored on or transmitted using the Service or the Company System.
10.5 You shall not re-sell or on-sell the Service or any part of the Service to any person.
10.6 You shall be responsible for adopting appropriate security measures for the protection of computer systems and the Company shall not be liable to you for any loss or damage that you suffer as a result of any virus or other hostile computer programme being introduced into your computers or computer systems as a result of your use of the Service and/or the Company System.
10.7 You will co-operate with the Company’s reasonable requests for information regarding your use of the Service and supply such information without delay.
10.8 You will abide by the GCLAUP, the GCLFUP and the reasonable use policies or terms and conditions imposed by the operators of networks and services that you reach through the Service.
10.9 The Company reserves the right after reasonable notice to
disconnect the Service if your use of the Service does not comply with your obligations under this Agreement.
10.10 Where you change from or do not maintain adequate the physical characteristics of the premises in which the CPE is situated, the Company will not be responsible if you cease to be able to receive the Service.

11.1 We shall investigate any suspected or alleged breach of this Agreement or any suspected compromise to the systems or security of our network or of that of others to which we are connected. You expressly authorise us to use your personal data and other Account information, without limitation, in connection with any such investigation, including by disclosing it to any third party whom we consider has a legitimate interest in any such investigation or its outcome.
11.2 If we decide that you have breached the Agreement, we will use reasonable endeavours to give you twenty-eight (28) days’ notice of our intention to suspend or end the Services and, if the breach is capable of remedy by you, you will have the opportunity to remedy the
breach before the end of the twenty- eight (28) day notice period. If the breach is incapable of remedy, or you fail to remedy it, we reserve the right to suspend the Services or terminate the Agreement at our sole discretion without refund, and make an additional charge for all reasonable costs incurred due to investigating and dealing with the misuse and/or blocking access to any component(s) of the Service. However, it may be necessary, if the breach is serious, to suspend or end the Service while details of the breach are investigated further. Without limitation, particular examples of breaches which are incapable of remedy include jeopardising or compromising the security or integrity of our network and serious breach of the GCLAUP, including, for example, the posting or transmission of defamatory content through or in connection with the Service.
11.3 We reserve the right, if you commit a serious breach of this Agreement, to take any action that we in our absolute discretion deem appropriate to the breach.

12.1 Without prejudice to the other rights and remedies of the Company and the Customer under this Agreement either party may terminate this Agreement forthwith in the event that:
12.1.1 the other party is in material breach of this Agreement (including if we modify the Service or the Charges to your material detriment or
any failure to pay any sum due hereunder) and (in the case of remediable breach) the other party fails to remedy the breach within twenty-eight (28) days of receiving notice to that effect from the first party; or
12.1.2 the Company is no longer authorised to operate the Company System.
12.2 The Company may end this Agreement or suspend the service immediately upon written notice to you if:
12.2.1 it becomes unlawful for the Company or any Carrier supporting the Service to continue to provide the Service or the Company or any Carrier supporting the Service is required to cease the Service by a competent regulatory authority; and/or
12.2.2 any Carrier supporting the Service ceases to do so for whatever reason or materially changes the terms of its provision of telecommunications services to the Company for the Service beyond the reasonable control of the Company; and/or
12.2.3 if you are a Business Customer, you become insolvent or have a receiving order made against you or commence a winding-up process (not being a members’ voluntary winding up for the purpose of a solvent reconstruction or amalgamation) or you grant a trust deed in favour of your creditors or any of them; or
12.2.4 it will not be reasonably possible to provide the Service to you, for
any reason out of the control of the Company.
12.3 In the event of termination in accordance with Clause 12.2, the Company shall repay to you a due proportion of any fees which you have paid in advance for the Service and any period of Service you have not already received.
12.4 Either party end this Agreement after a Fixed Contract Term by giving the other party not less than one month’s written notice. Neither party shall be required to give any reason for such termination. If you wish to end this Agreement other than after the expiry of the Fixed Contract Term or in accordance with Clauses 5.2, 7.10, 12.1, 14.8 and 20, the Company shall be entitled to the Charges which would have been payable by you for the balance of the Fixed Contract Term or notice period as the case may be. Please refer to the Schedule of Charges for more information.
12.5 If you wish to receive the Service at a new location and the Company is able to provide service there,
the Company will continue your contract subject to payment of a fee of £25 towards the cost of
administration Without prejudice to its other rights in terms of this Clause 11, the Company may, at its sole discretion elect to suspect provision of the Service or any part thereof forthwith until further notice if the Company is entitled to terminate the Agreement you are otherwise in breach of the Conditions or if the Company is obliged to comply with any relevant order or instruction of the Government of other regulatory authority or if any way-leave or other consent requited for the purposes of providing the Service is withdrawn, revoked or otherwise ceases to have effect.
12.6 If the Service is suspended on account of your default, you shall continue to be liable to pay the Charges during such suspension.
12.7 You shall reimburse the Company in respect of all reasonable costs and expenses incurred in carrying out such suspension and any re- commencing of the Service save where such suspension is required as a result of any breach of this Agreement by the Company.
12.8 Your right to use the Service shall immediately come to an end when this Agreement comes to an end.

13.1 If you are a Consumer Customer and have ordered the Service for personal and domestic use only, you shall have the right to cancel the Service within fourteen (14) calendar days from the Agreement Date.
13.2 Any use of the Service by you during said period of fourteen (14) calendar days from the Agreement Date will constitute a waiver of this right to cancel.
13.3 Other than as set out in Clause 13.1 and 13.2 above, you shall not have the right to cancel the Service after an Agreement Date before expiry of the Fixed Contract Term.
13.4 Other than cancellation under Clauses 5.2, 7.10, 12.2, 13.1 and 20, if you attempt cancellation after the Agreement Date, you may be liable to pay:
13.4.1 the cancellation fees set out in the Schedule at the end of these
Conditions if you cancel prior to the start of the Fixed Contract Term; or
13.4.2 the Charges for the Services for the Fixed Contract Term if you cancel after the start of the Fixed Contract Term.

14.1 The Company’s liability in contract, tort (or delict) or otherwise (including liability for negligence) under or in connection with this Agreement is limited to £1,000 for any event or series of related events and £1,500 for all events in any consecutive period of 12 months.
14.2 Except as expressly set out in this Agreement, all warranties,
conditions, undertakings or terms implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as permitted by law.
14.3 Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury.
14.4 The Customer is solely responsible for any liability arising out of any content provided by the Customer and/or any material to which other Users can link to through such content.
14.5 Any data included in the Company Equipment upon installation by the Company is for testing use only and the Company hereby disclaims any and all liability arising therefrom.
14.6 The Company shall not be liable to you in any circumstances for any loss of revenue, loss of profit, loss of use, loss of contract or loss of goodwill or any indirect or consequential loss including without prejudice to the generality of the foregoing loss or corruption of data transmitted over the Company System or otherwise arising out of or in connection with this Agreement.
14.7 Neither party shall be liable for any breach of this Agreement or any delay in performance of its obligations (other than the obligation to pay) to the extent that such breach is caused by circumstances beyond that party’s reasonable control including acts of God, fire, lightning, explosion, war, terrorism, disorder, flood, industrial disputes (whether or not involving their employees), severe weather or acts of local or central Government or other competent authorities. If either party is affected by circumstances beyond its reasonable control, it shall notify the other party and shall use reasonable endeavours to overcome the effects.
14.8 If any of the events detailed in Clause 15.7 continues for more than three (3) months either party may serve notice on the other terminating this Agreement without further liability.
14.9 You shall be liable for and shall fully indemnify the Company in respect of any business rates or similar liabilities and/or charges imposed by any competent authority which arise in respect of your connection or your use of the Services.

15.1 You agree to indemnify and hold us harmless for all claims and associated costs, damages or expenses that may arise from (a) any breach of the Agreement by you including without limitation any breach of the GCLAUP; and (b) any transmission or receipt of any content or message which you have requested or made using the Service, including, but not limited to claims in respect of defamation, breach of copyright or other intellectual property right infringement) which are brought or threatened against us by another person where you are at fault.

16.1 We shall hold information provided by you to us in accordance with our Privacy Policy which is available on our website. We may retain the data which you provide during the course of the Agreement, and you authorise us to use your personal data, for the following purposes:
16.1.1 the provision of the Services to you;
16.1.2 the keeping of a record for a reasonable period after termination of your Service;
16.1.3 the operation and enforcement of the Agreement;
16.1.4 maintenance of your Service including Company Equipment and CPE ;
16.1.5 providing you with information about other services we offer, subject to your right to ‘opt in’ and ‘opt out’ of receiving such information;
16.1.6 transferring the information to another company in the event of a sale of the Company or any of its subsidiaries or its business or any part of its business;
16.1.7 compliance with the law and any applicable regulation in any jurisdiction; and
16.1.8 transferring it to RIPE NCC as part of a general requirement for provision of these services within Europe.
16.2 The Company shall be entitled to publicise the fact of its installation of the Service.
16.3 Both parties shall comply with applicable data protection legislation with respect to any personal data supplied in connection with the Services. Where applicable, a Business Customer shall inform its employees of the processing of personal data by the Company and shall ensure such employees have consented to such processing. The Customer warrants that all such personal data are accurate and complete.
16.4 You may be subject to a credit check. The information that you provide may be disclosed to a licensed credit reference agency (which will retain a record of the search) and you authorise the Company to make such disclosures.

17.1 Any notice to the Company required or permitted under this Agreement must be in English and in writing and sent by post or by hand courier to:
1st Floor, 6 St Andrew’s Street, LONDON, EC4A 3AE or to such other address or contact details as the Company may notify the Customer of from time to time. Email, fax and other electronic communications will not constitute legal notice.
17.2 Any notice to you will be sent by post or by hand courier to the address which you provide when submitting your Order and as contained on the Order Confirmation or to the email address or to such other address as you shall have given written notice of as the billing address or to such other address or contact details as you may notify the Company of from time to time.
17.3 Such notices shall be deemed to have been received three (3) Business Days after posting if forwarded by post, and the following business day if hand- delivered provided that if any such notice, demand or other communication would otherwise be deemed to be given or made
outside a Business Day, such notice, demand or other communication will be deemed to be given or made on the next Business Day.

18.1 The Company reserves the right to assign or sub-contract any or all of its rights and obligations under this Agreement without your further consent to such assignment or sub- contract. You may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior written consent of the Company.

19.1 All title, interests, and rights (including intellectual property rights) in the Service and the material on the Website remain in the Company and/or its suppliers. You acknowledge such title, interest and rights and you shall not take any action to jeopardise, limit or interfere in any manner with the Company’s (or any third party supplier’s) title, interests or rights with respect to the Service including, but not limited to, using the Company’s trademarks or trade name.
19.2 Subject to Chapter III of the Copyright, Designs and Patents Ac 1988, you may not reproduce, copy, distribute or store or in any fashion re-use material from the Website without the Company’s permission in writing.
19.3 Title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable law. The Agreement does not give the Customer any interests or rights in such content.
19.4 The Company disclaims any and all responsibility for the contents of websites for which links are present on the Website.

20.1 The Company reserves the right to add to and/or amend the Conditions or any other aspect of this Agreement at any time. If the Company amends these Conditions or any other aspect of this Agreement, we will send you a letter or email advising of the amendment at least seven (7) days) before the amendment is to take effect. If you do not accept any such amendment, you may end your use of the Service by sending us written notice to this effect to the address specified in Clause 18, such notice to be received within thirty (30) days of receiving our notification. We will then reimburse you any fees paid to us for Service after such end date. If you continue to use the Service after any amendments to these Conditions or any other aspect of this Agreement have been notified to you and after the thirty (30) day period has expired, you will be deemed to have accepted such amendments.

21.1 This Agreement and the documents referred to in it constitute the entire agreement and understanding between the parties in relation
to the subject matter hereof. Those items supersede all other agreements and representations made by either party whether oral or written relating to the subject matter of the Agreement.
21.2 Without limiting the broad application Clause 21.1, no statements made in the Website form part of this Agreement except those setting out
21.2.1 Description of Service
21.2.2 The Standards of Service
21.2.3 Working Hours
21.2.4 Arrangements for Payment
21.2.5 The Company’s Privacy Policy
21.3 You and the Company each acknowledge and agree that in entering into this Agreement, and the documents referred to in it, neither the Company nor You relies on, or will claim any remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this Agreement. The only remedy available to either party for breach of the warranties shall be for breach of contract under these Conditions. Nothing in this sub-clause shall, however, operate to limit or exclude any liability for fraud.

22.1 This Agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts. However, if you are a Consumer Customer and are resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings
in Scotland. If you access our site from locations outside the United Kingdom, you are responsible for complying with all applicable local laws.
22.2 The parties shall use their reasonable endeavours to resolve any dispute arising under this Agreement by direct negotiations between the parties. If any dispute is not resolved within twenty-eight (28) days through direct negotiation the parties will attempt in good faith to resolve the matter by as early a reference as possible the Alternative Dispute Resolution (ADR) procedure as recommended to the parties Consumer ADR Department Centre for Effective Dispute Resolution 70 Fleet Street London EC4Y 1EU
22.3 If the matter has not been resolved by an ADR procedure within twenty- eight (28) days from the start of the same procedure, or if either party fails to participate in such ADR procedure within such twenty-eight
(28) day period, the dispute shall be referred to binding arbitration in accordance with the rules and procedure of The Chartered Institute of Arbitrators 12 Bloomsbury Square, London, WC1A 2LP, by an arbitrator appointed by the President of that institute.
22.4 Notwithstanding the foregoing, it is acknowledged and agreed that
either party shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction if the other party is in breach of any of the Conditions hereof.

23.1 The rights and remedies provided by this Agreement exclude to the furthest extent permitted by applicable law all other rights and remedies (whether express or implied) provided by common law including negligence claims in tort or delict or statute in respect of the subject matter of this Agreement.
23.2 The termination or expiry of this Agreement shall be without prejudice to the rights of either party which have accrued prior to termination or expiry. Clauses that are expressed to survive or which are by implication intended to survive termination or expiry of this Agreement shall so survive.
23.3 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Agreement had been executed with the invalid, illegal or unenforceable provision omitted.
23.4 Where this contract is entered into on behalf of a Business Customer as a limited company, each signatory confirms that he or she gives a personal guarantee to pay any sum properly due to the Company under this contract should the limited company be unable or unwilling to pay such sum for any reason.

24.1 In some communities we deliver our service to, we pre-install our CPE in each premise, most commonly prior to residents moving in. This enables us to offer complimentary Service.
24.2 The Complimentary Service is delivered to the CPE and is available for 5 days after logging in, unless you sign up, after the free trial the connection speed will be reduced or be terminated. After that the connection will be terminated.
24.3 To access the network and make use of the Complimentary service, you must complete and submit your contact details. Signing up to use our free service also means you agree to receive marketing materials via email and post. You can unsubscribe at any time.
24.4 We may terminate the provision of the free service at any time without notice should we feel compelled to do so.
24.5 This speed cannot be guaranteed over WiFi due to WiFi restrictions and dilution of the speed between the connected devices. We are not responsible for your devices’ capability to use or access our WiFi service.
24.6 You have no proprietary or ownership rights to any username or password assigned to you. You will also not have any rights over a specific IP address associated with your connection whilst using our network. We reserve the right to terminate your access to our network without prior notice to you if we suspect any unlawful or fraudulent use of the services.
24.7 The complimentary connection we provide is accessible only over our WiFi. We do not provide any network ports unless you subscribe to one of our standard packages. We also do not provide phone line during the trial period.
24.8 We retain the right to change these terms at any time. For some changes, such as when we’re working to meet the timelines of new legal and regulatory requirements, we may not be able to give you notice. Any changes we do make will be posted on our website and will be reflected in our updated Terms and Conditions. Your continued use of our service following any changes indicates you accept the new terms.

This section 2 only applies if you are a Business
Customer.
25.1 If you are a Business Customer, you confirm that you have authority to bind any business on whose behalf you purchase and use the Services under an Order.
25.2 The Agreement constitutes the entire agreement between you and us
and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
25.3 You acknowledge that in entering into the Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Agreement.
25.4 Nothing in this section shall exclude liability for either party’s fraudulent misrepresentation.

1. Installation charge

1.1 You must make for installation of the service a single payment in advance of an amount indicated on the paper or electronic order form completed by you at the time of your application for the service.

2. Subscription

2.1 You must pay monthly, quarterly or annually in advance the subscription charge indicated on the paper or electronic order form completed by you at the time of your application for the service or the charge subsequently agreed with you by telephone, by email, through the website or in person on renewal or at any other point.

3. Cancellation fees

3.1 If you decide you no longer want the Service after your Order has been accepted by the company but before any visit by the Company’s personnel to the Premises the Charge is £150.00 + VAT
3.2 If you decide you no longer want the Service after the first visit by the Company’s personnel to the Premises but before the installation of any CPE the Charge is £200.00 + VAT
3.3 Should you decide to terminate your subscription to the Service during the Fixed Term Contract, cancellation charges will apply;
3.3.1 For Consumer Customers the following shall apply; £15 per month for each month remaining on the Fixed Term Contract
3.3.2 For Business Customers the remaining balance due on the Fixed Term Contract

4. Charge for moving the CPE

4.1 If you want to shift the CPE from one place to another at the Premises the charge is £200.00 + VAT.
5. Abortive visit charge
5.1 For an abortive visit to the Premises including:
5.1.1 attendance at an incorrect address provided by you,
5.1.2 instances when the Premises incapable of safely and effectively accommodating the connection or the CPE (or any other requirements specified by the Carrier),
5.1.3 visits at the appointed time as agreed between you and the Company but when you have not been present to take the Service, and
5.1.4 visits at your request to remedy a claimed defect in the Equipment or the Service which is not properly attributable to a defect in the Equipment or in the Service.
5.2 The charge is £100.00 + VAT per visit

6. Administration charge

6.1 Where order details received from you are illegible, materially
incorrect or incomplete or a second visit has to be arranged or special arrangements made for installation the charge is £25.00 + VAT per
hour worked by the Company’s personnel.

7. Engineering and technical charge

7.1 In the event that either you request work to correct an alleged fault in the service and there can be shown to be no fault in the Service or you request the Company to carry out other work, the Charge is £50.00 + VAT per hour worked by the Company’s personnel plus the costs of travel and materials plus any third-party charges incurred.

1.1 To order the Service from us you must be at least 18 years old, have a valid email address and a bank account from which we can take payments by direct debit. You can provide us your bank details using the secure online link we will make available to you.

1.2 You can order the Service from us either online, by email, over the phone or in person.

1.3 After you have placed your order we will, if we can, accept your order for Services and send you an Order Confirmation. This will set out all the details about the Services we will provide to you, and how much it will cost you. We will reject your order if we are not satisfied that you are 18 or over or if you fail any credit check that we may carry out. We will also share your payment performance history with credit reference agencies.

1.4 These Terms will become legally binding once we have accepted your Order. We will then send you an Order Confirmation with a copy of these Terms which will let you know when the Services will start and ask you to confirm your direct debit details.

1.5 In the Order Confirmation we will let you know if we need to arrange a time to come and visit your premises to install any equipment that might be necessary for the Services to work. When we visit we may then connect the Services to at least one of your devices using the wireless router that we will supply (see more about this equipment below)

1.6 We will try to ensure that we provide the Service to you by the Service Commencement Date, as set out on your Order Confirmation, or earlier. To provide you with the Services we may need you to obtain any consents or approvals or rights of way if necessary for the provision of the Service.

1.7 Upon the Service Activation date, we will charge you one month’s full subscription in advance and we may charge you again within 30 days in order to align with your preferred payment date.

1.8 When you contact us, we will take steps to verify your identity as the Account Holder. You warrant that you have authority to act on behalf of your Business. If you wish for someone else to contact us about your account or the Services we are providing under these Terms, then you must let us know and we will only communicate with them once we are satisfied that they have your permission.

2.1 You or any other member of your Business may use the Service, but it is your responsibility to keep any usernames or passwords secret. Do not disclose them to any other person for any reason.

2.2 If you lose your password or disclose it to someone else then you must tell us immediately. Until you inform us that your password has been shared, lost or stolen, you will be liable for anything that is done with your account by someone else using your log in details during that time.

2.3 We may deactivate, change or ask you to change your user account passwords at any time if we (i) believe that there has or is likely to be a breach of security, or (ii) to protect the Services for the use by others, or (iii) if you have breached these Terms, or (iv) if we are legally required to do so.

2.4 You are responsible if you or anyone else in your Business misuses the Service in breach of these Terms. It is your responsibility to make sure that people in your Business comply with these Terms when using the Service.

3.1 You agree that you will not use the services for any resale purposes. The Service is for use by your Business only.

3.2 We will provide the Service to you with reasonable care and skill. We will provide the Service throughout the original minimum term you have signed up for (Minimum Term) and thereafter on a rolling basis until either you or we terminate the Service on 30 days’ notice, or in accordance with the section on ‘Ending Your Agreement’ below.

3.3 You may at any point during the Minimum term or afterwards choose to buy new Services from us, and if so we will provide you those Services for the new Minimum Term you may have agreed with us.

3.4 We may change the Service from time to time and add in extra features or functionality however, if we do so, we will keep the quality, quantity and variety of features and functions overall constant.

3.5 We will try to provide you with an exceptional Service but your use of the Service is at your sole risk and you assume full responsibility for all costs associated with it. If we have been negligent or we have breached these Terms, we will be liable to repair the Service or fix any faults as required. However, you accept that we may not always be able to provide the Services entirely free of faults and that we do not undertake to do so.

3.6 We may restrict your use of the Service if we find that you are in breach of our Fair Usage Policy.

3.7 You accept that we may not be able to provide you with the Services if something happens to us that is outside of our control which prevents us from doing so. You should be aware that if that happens you may not be able to make emergency calls. We shall also try to resolve the underlying problem as soon as we can. If after one month we have not been able to resolve the underlying issue then either you or we can end this Agreement in line with the section below on ‘Ending your Agreement’.

3.8 If you do suffer any fault with the Service you must let us know as soon as possible by contacting us on 0330 223 2266 or if a connection is available by other means by email to hello@grainconnect.com. We will investigate the fault and try our very best to fix it as soon as we can.

4.1 We may sometimes have to interrupt the Service for operational reasons, for planned maintenance, or to upgrade it. If we do so then, where possible, we will give you forty-eight hours notice by email. Sometimes it may not be practical to give you notice of an interruption and in such circumstances you shall have no claim against us for any such interruption.

4.2 When we upgrade the Service, we may need you to indicate that you accept the upgrade and if necessary any revised terms of Service, which may mean changes to these Terms. Where your ongoing use of the Services requires you to accept any updates that we provide and you refuse to accept the updates by refusing to select the “I AGREE” checkbox, we may end our agreement to provide you with the Service and the Service will end on the day of your refusal. In such event, you will receive a refund on a pro-rata basis for any period of time that has been paid for after termination has taken effect.

5.1 Wi-fi Boosters: You may either choose to buy the wi-fi booster for the price we tell you at the time you place your order as set out in the Price Guide, or alternatively you may choose to hire the wi-fi boosters from us on a temporary basis for the wi-fi booster rental price we set out in our Price Guide.

5.2 If you choose to hire the wi-fi boosters from us then, when your contract ends for whatever reason, you must return the wi-fi booster to us following our written instructions. We may end your Agreement with us for the Service if you fail to keep up with your wi-fi boosters’ rental payments. If you fail to post the wi-fi boosters back to us or show proof that you have posted it, within 30 days of being asked to do so, we will charge you for the cost of the wi-fi boosters as compensation to us. Equally if the wi-fi boosters are damaged beyond fair wear and tear we may charge you for the cost of a replacement or the cost of repair (whichever is cheaper).

5.3 4G router: Where we are unable to provide you with the fibre broadband Service immediately, or for a period of time after you have placed your order, we may instead provide you with a 4G router. We both agree that the Service from a 4G router will not be as strong as a full fibre broadband service. If we do provide you with a 4G router then we will:

• aim for you to have to use it for no more than two weeks;
• send it to you in full working order with a SIM card already loaded so that you can use it immediately.

5.4 When we connect your live Service, you must send back to us the 4G router with the SIM and any other parts, following our written instructions. If you fail to return the router to us within 14 days of being asked to do so, or you send the router back to us and it is not working for reasons other than fair wear and tear, then we will charge you the cost of a replacement router as compensation to us. Your 4G router may only be used for your Business purposes and for no other purpose.

6.1 All of the charges you will have to pay are set out in the Order Confirmation we send you. We will waive the Set-up charge when we are connecting you to the service, however if you decide to cancel your order for the service within 14 days of placing your order then we will charge you the Set-up charge. If you do not cancel your order within 14 days then you will not have to pay the Set-up charge. If, for whatever reason, we are unable to install the equipment we will not charge you the Set-up charge in any event

6.3 All charges apart from the Set-up charge will be on a monthly basis. We will make all invoices available on request from hello@grainconnect.com and these invoices will include itemised billing at no charge.

6.4 If you cancel the Agreement you will not be entitled to a refund for any Service you have paid for in advance but not used. If you end your Agreement during the Minimum Term you will have to pay us Early Termination charges which you can find here.

6.5 All charges include VAT. If the VAT rate changes we will adjust our charges accordingly from when any change in the VAT rate comes into effect.

6.6 If you owe us any money then we may set that amount off against any amount we may owe you.

6.7 We will not charge you for any call to our customers helpline or to the emergency numbers 999 and 112.

6.8 We will not charge you for fixing any faults in your Service unless upon investigation we find that either there was no fault, or the fault was caused by you. In those cases, we will charge you for any time incurred and any equipment that we may need to replace, in accordance with our Price Guide.

If you miss a booked appointment and do not provide us with at least 24 hours notice, we reserve the right to charge you a missed appointment fee in accordance with our Price Guide.

7.1 If you miss a payment we will let you know and ask for you to make an immediate payment. We may also charge you a Late Payment Charge. If you are still unable to pay your debt after 14 days then we may suspend your Service. During any period of suspension, you will still be liable to pay us for the Service. If you have still not paid the outstanding debt after 30 days of the original missed payment, then we will end your Service.

7.2 We will then write to you asking for you to pay the monies that you owe us. If you still fail to make payment then we may pass your debt on at that point in time to a Debt Collection Agency (DCA).

7.3 If we do pass your details to a DCA we will give them your details, including your personal information, and ask them to collect the debt you owe for us. The DCA may levy a charge to us for collecting the debt. Where they do so, we will pass that charge on to you to cover our costs. VAT will not be added to any extra charge we add to your bill.

7.4 If we have suspended the Service we may charge you a re-connection charge to re-connect your service after we have ceased your Service for non-payment.

8.1 We may have to enter your Business premises to install the equipment and if there is a fault we may need to return to your Business premises to check that the equipment is working properly and replace it if necessary. We may also need to inspect the equipment on occasion to make sure it is working properly.

8.2 If we do so, we will give you as much notice as possible when we arrange a time to visit you. However, any installation time on the date we give you will be an estimate. If you are not present when we do come to visit you then we may charge you for our time.

8.3 When we do install equipment in your Business premises it is your responsibility to make sure that we have the necessary permissions to do so. You may need to check the terms of your lease or your tenancy agreement with your landlord before we proceed. This means that you must at your own expense permit, or obtain for us all permissions, licenses, registrations and approvals necessary for us or our agents to have access to your Business premises in order to do the necessary installation work. Even after this Agreement ends, you must allow us access to your Business premises until such time as we have removed all our equipment from your Business premises.

8.4 Once we have finished the installation you will need to agree to comply with the terms of any relevant end-user software licence agreement or such other license terms as may apply to your use of the equipment. These terms are available to you from us upon request.

9.1 We will install the equipment to provide you with the Service. We will make sure that the equipment is able to link to at least one of your devices when we complete the installation. We will own the router that we have installed in your Business premises and we are loaning it to you so that you can use the Services. You will own any other equipment we sell to you in connection with the Services such as wi-fi boosters (unless we have loaned you a 4G router to use temporarily until the service is live – see section 5 above).

9.2 You will be responsible for keeping the equipment we have loaned to you safe and secure. You will be liable to us if the equipment is damaged beyond fair wear and tear. You must let us know if the equipment does become damaged. You also agree that you will:

• keep the equipment at your Business premises;
• look after the equipment in line with our instructions;
• not alter, repair or interfere with the equipment without our consent;
• not connect any other broadband routers to our network that we have not supplied to you;
• not sell or give the equipment to anyone else.

9.3 We will not be liable to you or any third party if you suffer any losses because of your misuse of our equipment. We will not be liable to you for any work carried out by any third party which has an impact on the Services. We will only be liable to you for mistakes that we have made in providing you with the Services.

10.1 You may not use the Service:

• for any illegal purposes
• in breach of our Acceptable Usage Policy

10.2 You agree that you will not resell the Service or any part of it to anyone else.

10.3 You also agree that you will keep all electronic devices that connect to the Services secure by keeping them updated with the latest security software updates.

10.4 You will comply with our Fair Usage and Acceptable Usage Policy and if you do not do so we may disconnect you from the Service.

11.1 If we have to investigate any breach of this Agreement or any breach of the security of our network you expressly authorise us to use your Business’ personal data for such purposes where relevant for us to do so.

11.2 If we decide you have breached this Agreement then we will give you 28 days to resolve the problem. If we are not satisfied that the problem has been resolved we may then either suspend the Service, or end this Agreement without making any compensation payment to you. We may seek compensation from you if the breach has caused us harm or additional costs. For example, if you have breached the Acceptable Usage Policy or transmitted defamatory content over our network.

12.1 Either you or we may end this Agreement:

• if one of us has breached this Agreement and not been able to resolve the problem within 28 days, or;
• after the end of the Minimum Term for any reason on giving 30 days’ notice to the other party.

12.2 We may end this Agreement immediately if:

• it becomes illegal for us to carry on providing you the Service;
• one of our underlying wholesale network service providers supporting us in providing you the Services ceases operations or materially alters the service they are providing us such that it is no longer economically possible for us to provide you the Services;
• something happens beyond our reasonable control which means we can no longer provide you with the Service.

12.3 If we have to end the Service for any of these reasons we will refund to you any fees you have paid us in advance for the provision of Service we can no longer provide.

12.4 If you move your Business premises we may be able to provide your Service at your new Business address. If that is possible for us to do we will charge you an administration fee as set out on the Price Guide. We will continue to provide the Service at your new address. If it is not possible then we will end the Agreement when you change your address.

12.5 If we suspend the Service because you are in breach then we will continue to charge you during the period of suspension. We will also charge you a reconnection fee to carry on providing you the Service after suspension has ended.

13.1 If you end your Agreement during the Minimum Period, or we end the Agreement because you have failed to pay for the Services, you will have to pay us early termination charges. Details of how much you may have to pay will depend on the package you have signed up to. More information can be found in the Price Guide You will also have to return our equipment to us following our instructions. If you do not return the equipment to us, we will charge you for it. Details of how much the charge is likely to be can be found here.

14.1 What we’re not responsible for and limits on our liability. We accept responsibility with no limit on liability in the following circumstances:

• Where we cause death or personal injury though our negligence;
• For any fraud or fraudulent statements made by us; and
• For any other liability that we cannot exclude by law.

Neither you or we shall be liable under these Terms for any:

• loss of profit;
• loss of revenue
• loss of business; or
• indirect or consequential loss or damage,

in each case, however caused, even if foreseeable.

14.2 We accept liability for loss or damage to your physical property arising from our negligence up to £100,000 in total for any one event or series of events in any one 12-month period.

14.3 Our liability to you in contract if the Service is not working for any reason is limited to £1500 in compensation per year.

14.4 Other than where clause 14.1 applies we will not be liable to you for:

• any delay or failure caused by something beyond our reasonable control which might include lightning, flooding, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action;
• any losses caused by your breach of the terms of this Agreement;
• any commercial or business loss or any loss caused by malware or the unauthorised use of the Service on any of your devices;
• any loss caused by corruption or loss of data or information;
• any failure of any alarm systems due to incompatibility with the Service;
• any other reason which is not due to our fault or neglect;
• your use of any equipment not supplied by us; and
• losses which we couldn’t reasonably have expected or which we couldn’t have considered when entering into the agreement.

15.1 You agree that we have the right to process your Business’ personal data under this Agreement in order to provide your Business with the Service. See our Privacy Policy for more information on how we will use your Business’ personal data.

16.1 We will contact you by email or phone call using the details you give to us when you send in your order. You may contact us using our details set out at the top of these Terms.

17.1 We may assign or sub-contract any or all of our rights and obligations under these Terms without your consent to such assignment or sub-contract. You may not sell, lease, sub-licence, assign or otherwise transfer, in whole or in part, by operation of law or otherwise, your rights under the Terms or any rights or obligations set out in these Terms without our prior written consent.

18.1 All title, interests, and rights including intellectual property rights in the Service and the material on our website remain ours. You agree that we have all such title, interest and rights and that you shall not take any action to jeopardise, limit or interfere in any manner with our rights with respect to the Service.

18.2 You may not reproduce, copy, distribute or store or, in any fashion, re-use material from our website or our trademarks without our permission in writing.

18.3 You acknowledge that title and related rights in any content accessed through the Service are the property of the applicable content owner and are protected by applicable law. We do not give you any interests or rights in such content under these Terms.

19.1 We may add to and/or amend these Terms or any other aspect of the Services we provide you at any time for any of the following reasons:

• Change the way we structure our charges;
• Reflect changes to or developments in technology (for example, we may introduce new Equipment or ways to pay for the Service);
• Withdraw, replace or remove all or parts of the Service or Equipment;
• Update, upgrade, improve or alter the Service or Equipment (for example, to fix bugs or faults, tackle security issues, improve software etc);
• Reflect a change in our ability to provide the Service (for example, if we increase our coverage somewhere);
• Reorganise the way we manage or run our business; or
• Reflect any change to a law, code of practice, regulation, guidance or responsibility that applies to us
• Change, improve or update the Equipment or the Service you get or to introduce new Services or Equipment;

19.2 As we cannot predict the future, and we may be providing you with the Service for a long time, we may also change these Terms for some other reason that we are not aware of at the moment.

19.3 If we change these Terms or any other aspect of the service we provide you, and such a change is to your material detriment then we will send you a letter or email advising you of the change at least thirty (30) days before the change takes effect. If you do not accept the change, you may end your use of the Service by sending us written notice to this effect to the contact details at the top of these Terms. You must do this within thirty (30) days of us writing to you initially. We will then refund you any fees paid to us for Service after such changes had come into effect. If you continue to use the Service after any changes to these Terms or the Service have been notified to you and after the thirty (30) days period has expired, you will be deemed to have accepted such changes (This clause applies only to a micro business).

20.1 These Terms together with the documents referred to within them comprise the entire agreement and understanding between us in relation to the Services, and replace all other agreements and representations made by us relating to the Services and these Terms.

20.2 The documents referred to above include those pages on our website hyperlinked to within these Terms setting out our:

a) Privacy Policy

b) Fair Usage Policy

c) Acceptable Usage Policy

21.1 These Terms are governed by and construed in accordance with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

21.2 If your Business is based in Northern Ireland or Scotland, you may also bring proceedings If you access our website from locations outside the United Kingdom, you are responsible for complying with all applicable local laws.

22.1 If there is a problem with the Services, you may wish to exercise your legal right to reject the Services. In the event of this, you must contact us at hello@grainconnect.com and we will try our best to settle your complaint.

22.2 If we have not resolved your complaint within 8 weeks, with your permission we will refer your complaint to the Consumer ADR Department Centre for Effective Dispute Resolution (70 Fleet Street London EC4Y 1EU), for resolution. We will be bound by their decision. You will not have to pay for them to consider your complaint.