BeSmart Utility Club

Broadband and Home Phone line services
For residential use only

Introduction

BesmartUK is a company that provides a range of services to UK customers. As a customer of Ours and by signing up for any of Our services you have agreed to abide by these terms and conditions and any other service or product specific terms and conditions that may apply. Please read these terms and conditions carefully, if at any point there is anything you don’t understand do not purchase a Product or Service from us and instead seek legal advice.

Terminology explained

“CLI” refers to Caller Line Identifier

“PSTN” refers to Public Switched Telephone Network

“We”, “Us”, “Ours”, “Company” refers to our company BesmartUK.com

“Service”, “product” refers to any service and/or equipment we provide to you.

“Write”, “writing” or “written” refers to Us communicating with you via email or post.

“Agreement”, “contract” refers to this set of terms and conditions and any other terms and conditions you may have agreed to when purchasing or receiving a service from us.

“Order” refers to you purchasing or ordering a service or product from us.

“Acceptable use” refers to a policy that details what we count as acceptable use of the services we provide. This can be found here on our website.

“Package” refers to the different services we provide and each package may entail different equipment, service levels, costs, fees and usages.

Who we are

We are Be Smart Holdings Ltd, a company registered in England and Wales. Our company registration number is 11823241 and our registered office is at Streate Place 1st Floor, St. Peters Road, Bournemouth, United Kingdom, BH1 2LT .

Contact us by telephoning 0800 6118 111 or by writing to us at

[email protected] besmartuk.com.

Services that We provide

We provide a range of products which may change from time to time. Our current products and services that we offer are Internet, mobile and land line phone services. We may also sell items which may be related to these services such as, mobile phones, internet routers and other items.

We do our best to maintain a continuous, high quality service.

We believe that the best possible service comes from how we connect our own network to those of our partners; this is why we work with a number of organisations to help us provide technical and operational services such as installation and line repair.

These terms and conditions

This is the set of terms and conditions of which we supply to you when you purchase or signup to receive a Broadband and/or Home Phone services, including any equipment.

Within these terms and conditions it explains who we are, the services we provide, how we provide them, over what duration the services will be provided, any contract or agreement length, details of how to end the contract, what to do if you have any problems and more.

Contract and service specific notification policy

If we need to contact you at any point in relation to any Product, contract or service you have with us we will do so by using any and all means possible. Which includes, telephone, email, post. we will do so by telephone or by writing to you at the email address or postal

address you provided to us.

Our agreement with you

When you place an order with us for any of our Products and or services you are accepting these terms and conditions. In doing so and once we have accepted your Order we will write to you confirming that we have accepted your order. Only once we have accepted your order will these terms and conditions come into effect and Our agreement with you will begin.

If for any reason we are unable to accept your order, we will inform you in writing. There are many reasons why we may not be able to accept your order.

Contract term

This contract and the provision of any product or service by us has a minimum contract length of 24 months, the “minimum term”. The minimum term will start on the day your service is working or once the transfer of you from another provider has completed.

We will notify you in writing once this has happened. The minimum term is the minimum

length of time that you have agreed that you will receive the services from us. If you decide to not pay or switch providers you will continue to have a contract with us and will be required to continue to make payments until the Minimum term has expired or pay us an early termination fee as detailed within these terms and conditions.

Broadband specific terms

This section applies when you have ordered broadband services from Us.

Note: In using our services you must abide and comply with our Acceptable Use policy.

By providing a broadband service, our aim is to

Provide you with access to the internet, support for any broadband related issues you may have and provide the equipment required for you to use the service.

We, or a third party provider acting on our behalf, may provide equipment for you to use in conjunction with the services we provide. We are not liable if this equipment is not suitable and does not work as required or expected.

Before making an order you will have seen details of the broadband services you are looking to receive from us. These details will include but are not limited to expected internet speed, upload and download volumes, usage volumes, price and more. If for any reason you have not seen this information do not make an order with us until you have seen it all.

Broadband installation requires that you:

  1. Have a compatible phone line (which we can provide if you do not have one);
  2. A working phone service that passes the minimum line speed tests;
  3. A compatible router (which we may have provided as part of our service to you and depending on what service package you have bought from us),

As part of setting up your new broadband service you may have to install some equipment in your home. In this instance we will provide you with instructions. If for any reason you have difficulties in following the instructions, please contact us. If an engineer is required to visit your home or property to install the broadband or any equipment you may be charged and installation fee. Once an engineer is booked you may still be charged if you cancel an engineer visit less than 24 hours before the appointment, or you do not provide access for an engineer at an agreed appointment time.

Installation services may be provided by an agent on our behalf (such as Openreach). We will confirm the charges for your installation when you order.

See our Price Guide for more details on charges and fees.

NOTE: Broadband services may affect performance of any and all of your home phone services. It may result in you experiencing a temporary loss of home phone services whilst installation is being carried out. Please take this into account before making an order for Broadband or home phone services.

Broadband quality of service

As a company we always aim to provide high-quality service, however sometimes we may be unable to and instances such as this we cannot be responsible for:

  1. Loss of services due to circumstances beyond our control where we have taken all reasonable steps to prevent the loss of service; or
  2. Slow speeds due to external factors, except where we are unable to meet the guaranteed minimum line speed as outlined below.
  3. Any financial loss or damages.

Broadband speed guarantee

When you make an order for broadband services from us, you will have been provided an estimate of the upload and download line speeds that you can expect. These details will also have been provided to you within the details of your order.

Broadband speeds are expressed as a range and therefor we are unable to guarantee any particular speed. This is normally due to external factors affecting the network and are normally outside of our control.

Line speeds are measured on the basis of a single user using a wired connection to the router. If you are constantly receiving speeds that are below the ranges that have been estimated by us then please contact us. This will allow us to see if there is a fault and if a fault is found will allow us to try and remedy that fault.

If after we have confirmed we have attempted to remedy a fault the speeds are still below the guaranteed minimum line speeds, you may cancel the broadband service without liability.

Broadband and Internet security

Security is very important, you are responsible for and we highly recommend that you speak to a specialist to ensure you have a suitable level of security on any device that you may use to connect to the internet or network. This includes items that you may simply connect to a wireless network such as a wireless printer. Security will include things such as firewall software and anti-virus software.

We solely provide you with the ability to connect to the internet. By using our services you accept that you are using the internet and our services at your own risk. We have no liability to you for anything which you do or have done to you whilst accessing the internet. We shall not be liable to you for any loss or damage resulting from any virus or other hostile  computer programme being introduced during your use of the broadband services.

By using our services, you are solely responsible for any liability, risks or issues.

Home phone

This section applies for when you have ordered a Home Phone Line service from us and covers details about line rental, calling plans and call features.

Home phone service we provide to you

Once you order a home phone service from us we will provide you with the facility to make and/or receive calls. Depending on what you have ordered and what home phone package you have chosen we will aim to provide you with all the additional features as specified within the package you chose.

If you have requested we will try to retain your existing phone number, but this cannot be guaranteed and in some instances we may have to provide a new phone number to you. By ordering a home phone service from us you accept this term.

In using the services, you must comply with our Acceptable Use Policy

If you use a home phone service from us and don’t pay for your calls, signup to a calling plan package or use another service to make calls we may decide to:

  1. Charge you a higher fee for your use of this service,
  2. End our contract; and/or
  3. Disconnect any part of the service.

Prior to making an order you will have been given or provided with further details of our home phone services.

Home phone installation

While obvious, it is important to note that in order to make and receive calls you will need suitable equipment, such as a home phone. We will not provide this equipment unless you have paid additionally for it or it is part of the package that you have chosen.

We will carry out a standard installation of a phone line for the connection charge as set out in the order details we will have provided to you. There may be additional charges for installation if;

  1. Construction work is required
  2. Drilling or building work is required
  3. Any phone line or phone needs rewiring or converting.

If there are any additional charges we will make you aware of these charges prior to any work being undertaken. When we stall any equipment or service we may require a third-party agent to do so. This agent will act on our behalf.

Home phone quality of service

As a company we always aim to provide a very high-quality service. Sometimes however, it may not be possible. We cannot be held responsible for any of the following:

  1. Geographic, atmospheric or other conditions or circumstances beyond our control;
  2. An issue with the service which is not isolated to your phone line such as a network-wide outage;
  3. Where we are unable through no fault of our own to carry out any necessary work on your property

Your rights to make changes

If at any point you would like to make a change to the product, equipment or service you have ordered from us then please contact us. We will then let you know if the change is possible. In any instance where we are able to change the services or products that we provide to you then we will let you know of any changes in price and service. If you agree with these changes we will make the changes to the services we provide. At no point will changing the services we provide to you reduce the amount left of the Minimum term. In some instances we will initiate a new 24 month minimum term starting from the date of your acceptance of the changes.

If we are unable to make the changes you may wish to end the contract early. In this instance specific terms apply, please see the section headed “Your rights to end the contract”.

Moving property

We all move property at some point, in an instance that you want to move your services to your new property please contact us at least 14 days before you move.

When moving home it’s important to note that additional charges may apply such as installation fees, these fees will be given to you and you can ask for them at any point by getting in contact with us

In some circumstances we may not be able to provide your current service to your new home and you will have to pay early termination charges if you’re within your minimum term. When we can, we will always do our best to offer another suitable service, if you accept one of these services there will be no termination charges.

When moving home a new 24 month minimum term may be initiated

Changes to these terms and services we provide

We have the right to make changes to the services we provide you and fees that we may charge you.

At any point we may change the services to;

  1. Reflect changes in relevant laws and regulatory requirements;
  2. To implement small technical changes and or improvements,

Providing the services and the equipment

We may require information from you so that we can supply the products and services to you. If you do not provide this information in a timely manner then we may end the contract or make additional charges.

At no point are we responsible for supplying products late, not supplying the products at all or not to your specification if you have not provided us with the suitable information we need or you miss an appointment or for any other reason which is a result of you not acting in a timely manner.

Equipment

Any equipment provided to you for free is our equipment. If you damage it or do not return it you may be charged the retail value of the item plus a handling fee. The equipment will be your responsibility from the time you receive it.

When you make an order with us which includes any sort of equipment you may be required to be at home to accept the equipment. In an instance that you are not at your property to receive the equipment from our courier, the courier may;

  1. Leave a note stating that the package has been left in a secure or safe place, including a neighbour
  2. Leave a note stating that how to rearrange delivery or collect the products from a local depot.

In an instance that you do not re-arrange delivery or collect the equipment from the depot then we may charge you for re-delivery or storage of the item. These fees will be reasonable and in line with the fees we may occur with redelivering or paying to store the item plus handling fees.

We are not responsible for delays in the delivery of the equipment. In an instance that you have been given equipment for free or at a reduced rate you may be charged the full retail price of the equipment plus a reasonable handling fee.

Services

On the acceptance of the order and you receiving the service from us we will supply the services to you for the minimum term unless you end the contract in accordance with these terms and conditions or we end the contract by written notice to you as described within these terms and conditions.

At all times we will aim to keep you updated with installation dates and service transfer dates. We are not responsible for any delay in the installation or transfer of your broadband or phone line which is outside our control.

If you miss an appointment at any point when an engineer was meant to visit your property to install any service or equipment you may be charged additional costs.

Your rights to end the contract

While we would never want to see you leave, you always have the right to end your contract with us. Your rights when you end the contract will depend on whether or not there is anything wrong with the products or services we provide to you and when you decide to end the contract;

  1. If you would like to end the contract because of something we have done or any material changes to the services that we provide to you, you may cancel this contract within a 30 day period of those changes.
  2. If you are within a cooling off period you may be able to cancel this contract and receive a refund but this is subject to the return of any equipment which is unused.
  3. If we are unable to provide you with a service that meets the guarantee minimum line speed you can cancel this contract.

All other early cancellation reason may occur an early termination charge. If we are not at fault and you are outside of your ‘cooling off period’, you can still end the contract, but you may have to pay us compensation. As standard, our compensation is 50% of the remaining amount owed to us over the remaining minimum term of the contract. For example, if you have 6 months left of the minimum term contract you will owe us 3 months worth of service charges, line rentals or fees. If you would like to end the contract at any point then please contact us.

If the contract is ended within the minimum term you must return any equipment that you have not paid for within 14 days.

Cooling off period

You have the right to change your mind in accordance with the Consumer Contracts Regulations 2013. What this means is you may cancel your order and this contract within 14 days after the date we accept your order.

If you cancel within the cooling off period, you must:

  1. Pay for any services received up to the date that you told us you wanted to cancel;
  2. Pay any installation, connection or activation charges associated with the cancelled service;
  3. Return any equipment to us (undamaged, in its original packaging and at your own cost and risk) within 14 days of you telling us you want to cancel.

To end the contract

To end the contract please let us know by calling our  customer services on 0800 6118 111 or email us at [email protected]

Equipment

We may provide or sell to you equipment. In an instance that the equipment is faulty we will pay the cost of return. For all other returns you will have to pay the cost of return.

Refunds

If you are owed a refund at any time we will refund you the price excluding any delivery, installation or booking charges. We will attempt to make the refund by the method you used for payment.

Our right to suspend or change the services

At any point we may suspend, restrict or disconnect any or all of the services if:

  1. You break, or we reasonably suspect that you’ve broken, any important term of the contract;
  2. Without informing us and without arranging another payment method you cancel your direct debit;
  3. You miss a payment when it is due and do not make payment within 14 days;
  4. You’re abusive, threatening
  5. You do not adhere to our Acceptable Use Policy
  6. We reasonably believe you have provided us with false or misleading details about yourself; used the service or the equipment for illegal purposes; caused a serious complaint about your use of the service which we believe to be genuine;
  7. We suspend or restrict a related service;
  8. We believe your services have been or are being used fraudulently;
  9. We are required to by the emergency services or other government authority; or
  10. The network breaks down or needs maintenance.

Where we suspend, restrict or disconnect a service, the contract will continue and we may require you to pay our reasonable costs for suspending or restricting the services and resuming them.

Our rights to end the contract

At any point we may end the contract with you however we won’t unless there is a reason.  We may end the contract at any time by writing to you:

  1. In the event of your bankruptcy or death;
  2. If we are no longer providing, or are unable to provide, the service (or any part of it) to you.
  3. You use our services for fraudulent reasons
  4. You miss any payments.

In an instance where we end the contract with you will at least give you 14 days’ prior notice so that any issues can be resolved.

Complaints procedure.

Our Complaints Procedure explains how you can follow up any complaints that you do not feel have been resolved. You can find our complaints procedure on our website.

Issues

At any point if you have any issues please contact our customer services team at 0800 6118 111 or by emailing [email protected]

Faulty equipment.

If you believe any equipment is faulty you must contact us so that we can run checks on the equipment. If we believe the equipment is faulty you must return the faulty equipment to us within 14 days. We will refund you the cost of return up to the value of £10 if we do not send our own courier to collect. When refunding any cost of return you must provide evidence of the cost of return.

If we send you replacement equipment prior to you sending any faulty equipment back and you don’t return the faulty equipment within 30 days we may charge you the cost of the new equipment.

Price and payment of our products and or services

Subscription and usage charges

We will charge you a standard monthly fee for the services, which is referred to as the ‘subscription charge’. In some cases additional fees linked to how much you use the service, such as the number of calls you make, will also apply. Details of all charges can be found on our website or at your request.

Billing frequency,

We would normally bill you monthly in advance for the subscription charge. In some instances we may bill you at other frequencies but this will have already been arranged with you.

Any excess usage charges will be billed after the end of the month in which you used the relevant service unless there is a delay for any reason and in this instance you will be charged for any excess usage charges at later date.

As a green company, we will as standard send you bills via email. If you wish to receive paper bills then please ask. A fee will be charged for paper bills.

At any point VAT may change, in this instance we will adjust the rate of VAT on your bills.

If you fail to make a payment

If for any reason you don’t pay your bill we may attempt to take the payment again, if we haven’t tried to take a payment again or was still unable to collect payment then we will remind you that your bill is outstanding in writing or by any other means. If we still don’t receive payment after we have tried to contact you we may:

  1. Add a late payment charge to your bill
  2. Suspend providing the service
  3. Ask a debt-collection agency to collect the payment on our behalf. It’s important to note that if we do, you will also have to pay the reasonable costs we have to pay the agency as part of your outstanding charges, the agency will add these charges to your debt on our behalf.

If any payment method fails and even if we managed to collect it by attempting a further payment attempt we may add a failed payment charge to your next bill.

Our liability to you

We will not be liable for any situation which is outside of our control, third part contractors and engineers, line speed or quality of the service you receive from us. We’re not liable for any loss or damage which is due to using or not being able to use any service, product or equipment we provide.

We’re not liable for any loss or damage caused by any viruses or any unauthorised use of, or attempts to access, the product or your computer; any loss or corruption of data; any loss of money.

These terms and conditions is for our residential products only and therefor the related products are for domestic use only. From time to time we may supply commercial products, this will be made clear within the order process. If you decide to use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Such liabilities include the liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services and for defective equipment under the Consumer Protection Act 1987.

Your personal information

This section outlines how we will use your personal information. Within our website or upon request you can see the terms of our Privacy Policy and communication policy that outlines use of all data we may collect about you. Including our cookie policy.

Any information you provide during the order process we will use as so;

  1. To fulfil our obligations and supply the services and equipment to you;
  2. To setup and process your payment for the services and equipment; and
  3. If you have agreed by using an opt-in method, to provide you with information about products that we provide. See our communication policy for more information.
  4. Other usages as specified within the Privacy Policy and communication policy

Third parties we may pass your personal information to

As part of using our service we may need to run credit checks on you. In this instance we’ll pass your personal information to credit reference agencies and they may perform a credit reference or check.

We may pass your details to any third party, engineer, subcontractor or agent to fulfil our obligations under this contract.

For all other uses of your personal information which may not be directly linked with the installation, provisions of usage of our services then please see our Privacy Policy and communication policy.

Other important terms

At any point we may transfer this contract to someone else which includes transferring our rights and obligations under these terms to another organisation. We will always inform you of any transfers and details of any alterations.

You are unable to transfer your rights to someone else unless with consent from us.

No third party or anyone else has any rights under this contract and no other person shall have any rights to enforce any of its terms.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

If a court finds part of this contract illegal, the rest will continue in force.

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