Business Customer Terms of Service

Businaess Customer Terms of Service 

 

1.         Definitions 

1.1.       In these Terms, the following words and expressions shall have the meanings given to them below: 

”Activation Charge” means the one-off Charge for connecting to Gigaair’s Services, charged in a Customer’s first invoice and as set out on an Order and/or as detailed in the Guide to Charges and Fees for Business Customers. 

”Activation Steps” means the steps necessary to be taken by a Customer’s new and old telephone network provider in order to move that Customer’s telephone number to the new provider’s network, as set out in Clause 13.5. 

“Additional Services” means any supplementary Services and features from time to time provided by Gigaair in connection with the Business Broadband Service and/or Telephone Service. 

“Additional Telephone Packages” means any supplementary packages from time to time available with the Telephone Service. 

“Agreement” means the Agreement described in Clause 2, which definition in relation to Clause 7 is as modified by Clause 7.3. 

”Ancillary Services” means means any services the Customer orders which are additional to Landlord Services, as set out in Clause 7.6. 

”Apparatus” means any apparatus (including but not limited to Equipment and additional equipment) which Gigaair installs, or arranges to be installed, at the Premises. 

“Applicable Law” means any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance, standard or industry code, rule of court or directives or requirements of any government or regulatory body, delegated or subordinate legislation or notice of any government or regulatory body and the common law and the law of equity as from time to time applicable to the parties. 

“AUP” means Gigaair’s Acceptable Usage Policy, as updated from time to time. 

”Business Broadband Package” means any of Gigaair’s packages for Business Broadband Services and Telephone Services for which a business customer has submitted or can submit an Order. 

“Business Broadband Service” means the internet service comprising access to “always on” internet services, including the features and functionality in relation to the chosen Business Broadband Package.  

“Business Day” means any day other than (i) a Saturday or Sunday or (ii) a public holiday in the jurisdiction (i.e. either England and Wales or Scotland) in which  the Customer’s relevant Service is being provided. 

“Business Support” means Gigaair’s Business Support Team which can be contacted by emailing bsupport@gigaair.co.uk , or by phone 0141 319 5228 

“Call Charges” means the Charges for calls made using the Telephone Service that are not included in the Customer’s Rental Charge, calculated as detailed in the Guide to Charges and Fees for Business Customers. 

”Changes” means any increase in the Charges or any other change to the Agreement or the Services which might reasonably be regarded as being to the Customer’s material detriment, as set out in Clause 20.2. 

“Charge or Charges” means any or all charges payable to gigaair in respect of the Services as detailed in the Guide to Charges and Fees for Business Customers. 

”Claims” means all third party claims, actions or proceedings brought or threatened against Gigaair arising in connection with the use or misuse of the Services or any breach or contravention of these Terms or the Agreement, as set out in Clause 12.1. 

“Complaints Code of Practice” means GigaairComplaints Code of Practice which sets out how Gigaair’s domestic and small business (those with 10 or fewer employees) customers can make a complaint about Gigaair and/or its Services and how to take this further, if so required. 

“Customer” means the business customer entering into the Agreement. 

”Direct Debit Return Fee” means the £10 Charge which Gigaair may charge a Customer each time any of that Customer’s direct debit payments to Gigaair under the Agreement is not honoured for any reason. 

“Equipment” means any telecommunications or other equipment (including, but not limited to, the Router, cables and accessories, wallbox and cabling provided by Gigaair) that are supplied to facilitate and enhance usage of the Services as detailed on the Website (including upgrades and replacements). This does not include any equipment purchased or acquired from a supplier recommended by gigaair or from an alternative source or supplier. This is referred to as 'additional equipment'. 

”Faults” means any faults in relation to the Services. 

“Force Majeure” means any event beyond Gigaair’s reasonable control including without limitation, lightning, flood, severe weather, fire, explosion, terrorist activities, war, civil disorder, epidemic or pandemic, damage or vandalism to the Network, Equipment or any apparatus Gigaair has installed, acts or omissions of local or national governments or other competent authorities, strikes or industrial disputes.   
Guide to Charges and Fees for Business Customers” means GigaairGuide to Charges and Fees for Business Customers, setting out the list of Charges relating to Services payable by Gigaair’s business customers, as updated from time to time. 

router” means the router supplied by Gigaair for wireless access and to facilitate connecting the Customer’s equipment (including, but not limited to, personal computers) to the Network. 

Gigaair” means Gigaair Ltd, registered in Scotland with company number SC638157 and having its registered office at 18 Craigneuk Street, Wishaw, ML2 7XD 

Gigaair Business Order Form” means the order form (either on the Website or in paper format) which the Customer fills in and submits to order Services upon these Terms. 

“Installation Fee” means the one-off Charge payable (a) where there is no existing Gigaair wallbox at the Premises, to install such a wallbox at either (iGigaair’s chosen location at the Premises (a ”Standard” Installation Fee) or (ii) at the Customer’s chosen location at the Premises (a ”Bespoke” Installation Fee); or (b) to extend a connection from an existing Gigaair wallbox at the Premises (again, a ”Bespoke” Installation Fee), in each case as detailed in the Guide to Charges and Fees for Business Customers. 

“Installation-only Service” means the provision by Gigaair of installation services with no additional ongoing Services, as described in the Guide to Charges and Fees for Business Customers. 

”Landlord” means the landlord or building manager of Premises, as described in Clause 7 (”Multi-Tenanted Buildings”). 

 
”Landlord Services” means the Services provided at a Premises, where the Landlord of the Premises has entered into an agreement with Gigaair to provide such Services, as described in Clause 7.1. 

”Landlord Services Claims” means claims or other legal proceedings against Gigaair whether in contract, tort (including negligence and breach of statutory duty) or misrepresentation, in connection with any failure of or fault with the Landlord Services or any issues relating to installation in relation to Landlord Services, as described in Clause 7.3. 

“Minimum Period” means, in relation to each Service (other than one for which the Customer has purchased a Monthly Rolling Package), the minimum term of the Agreement as it relates to that Service as stated in the Order, starting from the applicable Services Start Date. 

“Monthly Rolling Package” means a package, purchased by the Customer in relation to a Service, with no Minimum Period but which the Customer must give 30 days’ written notice (by email or letter) to terminate. 

”My Account” means the ”My Account” section of the Website, through which the Customer can access and make certain changes to its account details and can view latest invoices. 

“Network” means the network utilised by Gigaair to provide the Services. 

”Number Porting Compensation Scheme” means the Number Porting Compensation Scheme described in Clause 13.8 and of which further details can be found in the Complaints Code of Practice). 

“Order” means a request for provision of the Services in the Business Broadband Package submitted in the form required or such other form as is acceptable to Gigaair. 

“Order Cancellation Fee” means the one-off Charge, payable on demand, if the Customer cancels an Order prior to the Services Start Date, as detailed in the Guide to Charges and Fees for Business Customers.   

”Order Confirmation Email” means the email sent by Gigaair to the Customer confirming acceptance of the Customer’s Order. 

”Porting Date” means the date the Customer’s old and new telephone network providers agree that the Activation Steps have been carried out, as set out in Clause 13.5. 

“Premises” means the address specified in the Order where the Services are to be supplied. 

“Privacy Policy” means Gigaair Privacy and Cookie Policy as from time to time amended. 

“Re-activation Fee” means the one-off Charge,  payable on demand, for Gigaair to reactivate a Customer’s  Services once they have been terminated or suspended, as detailed in the Guide to Charges and Fees for Business Customers. 

“Rental Charge” means the monthly Charge payable to Gigaair in advance in relation to an Order for a Business Broadband Package which is set out on an Order. Call Charges are not included in the Rental Charge. 
“Replacement Items Fee” means a Charge, payable by the Customer on demand, if Gigaair needs to repair or replace any Equipment that Gigaair provided to the Customer in connection with the Services. This Charge is detailed in the Guide to Charges and Fees for Business Customers.   

”Service Activation Email” means the email sent to the Customer by Gigaair notifying the Customer that Gigaair has activated that Customer’s Services. 

“Services” means the internet and/or telephone-related services ordered by the Customer, as set out on an Order and subject to confirmation under Clause 2.3. 

“Services Start Date” means the date on which Gigaair sends the Customer their Service Activation Email. 

“Service Termination Fee” means the one-off Charge payable by the Customer, at Gigaair’s demand, if the Customer’s Services terminate before the end of the any Minimum Period that applies to them. The Charge is calculated by reference to the remaining length of the Minimum Period and is detailed in the Guide to Charges and Fees for Business Customers. 

”SLA” means the service level agreement in relation to remedying Faults in the Customer’s Services, as set out in Clauses 9.3 and 9.4. 

”Static IP Address Fee” means the monthly Charge for any static IP addresses, which Gigaair may provide the Customer with on request, that are not included in the Customer’s monthly Rental Charge (as detailed in the Guide to Charges and Fees for Business Customers). 

“Term” means, in relation to each Service, the period from the relevant Service Start Date until termination of the Agreement in relation to such Service. 

“Terms” means these Standard Terms and Conditions for Gigaair Business Broadband Service and/or Telephone Services and any Additional Services. 

“Telephone Service” means the telephone over internet service comprising access to a line or lines capable of making and receiving calls recognised by the public switched telephone network (PSTN), including the features and functionality described on the Website and any Additional Telephone Packages from time to time added to the Customer’s Services. 

“Website” means www.gigaair.co.uk  or any other website address notified by Gigaair to the Customer. 

1.2.    References herein to a “party” are to either Gigaiar or the Customer and to “parties” are to both of them. 

1.3.    References herein to “Clauses” are to the clauses comprising these Terms. Headings used herein are for guidance only and shall not affect the interpretation of this Agreement. 

 

2.              Orders 
2.1.       The Customer may request provision of the Services (a) by calling Business Support and placing a telephone Order or (b) by filling in and submitting the Gigaair Business Order Form either on the Website or in paper format. Submission of an Order as per (a) or (b) of this Clause 2.1 represents an offer by the Customer to purchase the Services on and subject to these Terms. Acceptance by Gigaair of an Order as provided in Clause 2.3, subject to Clause 2.3(ii), shall create an Agreement between the parties incorporating the following documents: (i) these Terms; (ii) the Customer’s Order (as set out on the Gigaair Business Order Form and/or the Order Confirmation Email); (iii) the Guide to Charges and Fees for Business Customers; (iv) the Privacy Policy; and (v) the AUP. 

2.2.       In the event of any conflict between the documents referenced in Clause 2.1, they shall be accorded priority in the order listed in that Clause, save where there is a conflict relating to pricing or the SLA, in which event the Customer’s Order as described at (ii) in that Clause takes precedence over the Guide to Charges and Fees for Business Customers, which in turn takes precedence over the Terms. In the same way, the terms of any promotion set out in the Customer’s Order (as described at (ii) in Clause 2.1) take precedence over these Terms, insofar as they conflict with or differ from them. 

2.3.       Gigaair may accept Orders in its sole discretion. Orders shall be accepted only upon the dispatch by Gigaair of a confirmation email. No verbal communications shall be deemed to constitute acceptance nor shall acceptance be inferred from conduct (including without limitation installation under Clause 6.1). Upon delivery by Gigaair to the Customer of an email confirming acceptance of an Order, such Order shall be binding on both parties. Once accepted by Gigaair, (i) each Order for Services shall create a separate Agreement between the parties governing provision of the  Services requested therein; and (ii) any Order requesting the addition or removal of a Service to a previously accepted Order or requesting transfer to an alternative Business Broadband Package (as provided in Clause 6.4) shall be deemed an amendment to the Agreement between the parties relating to the original Business Broadband Package ordered by the Customer, reflecting the version of these Terms in force at the date of such amendment. Further, any Minimum Period in relation to such amended Services or such alternative Business Broadband Package as referred to in (ii) shall be as set out in Clause 6.4. 

2.4.       The Customer warrants that it contracts as a business customer and not as a consumer and that all information provided by it during the Order process and/or during the term of the Agreement is complete and accurate in all respects and is not misleading. 

2.5.       When ordering Services, the Customer shall provide Gigaair with a valid email address which Hyperopic will register, along with any other details relevant to the Customer’s account with GigaairGigaair will usually use this email address to contact the Customer though may also contact the Customer in writing at the Customer’s billing address or by telephone on any mobile or fixed telephone number the Customer has provided to Gigaair. The Customer agrees to (i) keep such email address active and available; (ii) regularly check emails sent to such email address; and (iii) keep details in relation to its account with Gigaair up to date. Where it is no longer possible for the Customer to keep such email address active, it must register a new email address with Gigaair. The Customer can make any changes to its email information by accessing its account with Gigaair through the “My Account” section of the Website or by contacting Business Support by telephone or email. The Customer will be treated as having read any email which Gigaair may send to the email address then currently registered in relation to the Customer’s account with Gigaair. 

 

3.              Services 

3.1.       Gigaair shall provide each Service from the relevant Services Start Date for the Term on and subject to the terms of the Agreement. 

 

4.              Equipment 

4.1.       Gigaair shall provide the Equipment, following acceptance of an Order, in accordance with Clause 2.3. 

4.2.       The Customer acknowledges and agrees that: (i) the Equipment remains the property of Gigaair, may be used only to access the Services and, other than in relation to returning any Equipment in accordance with Clause 4.4 or returning the Router in accordance with Clause 4.5, must be retained at the Premises during the term of the Agreement and thereafter, unless Gigaair agrees otherwise in writing and (ii) the Charges have been calculated on this basis. Other than in relation to the Gigaair on termination of the Agreement, which should in such event be returned to Gigaair in accordance with Clause 4.5, and except as provided in Clause 4.4, if any Equipment is damaged or removed, the Customer will be liable to pay the then current cost of installation and/or replacement. For the avoidance of doubt, the Customer may not at any time (i) sell (either directly or indirectly), export, re-export or transfer the Equipment to anyone else or (ii) use the Equipment outside the UK. The Customer must promptly provide Gigaair with any information it requests in relation to the location of the Equipment. 

4.3.       The Customer shall not: (i) do anything or allow anything to be done at the Premises that may cause damage to or interfere with the Equipment or prevent use or easy access to it; or (ii) without prejudice to the generality of the foregoing, interfere or tamper with, sell, charge, mortgage or otherwise deal in or obstruct or remove or obscure notices attached to the Equipment nor allow any third party to do any of the foregoing. 

4.4.       In the event of a fault with the Equipment during the manufacturer’s warranty period, the Customer may contact Business Support and return the relevant item as directed. Gigaair shall test and shall repair or replace the Equipment at no cost to the Customer save where Gigaair reasonably believes that there is no fault or that the fault is due to the act, omission or negligence of the Customer, in which event the Customer shall be liable for payment of a Replacement Items Fee. 

4.5.       On termination of the Agreement for any reason, the Customer shall return the Router to Gigaair at the following address: Returns, Gigaair Ltd., 204-206 Bath StreetGlasgow, G2 4HWAnd where required call customer services to arrange an de-installation of the Gigabit Wireless Unit The Customer shall ensure that the router and any other equipment reaches router in good working order. If either Gigaair does not receive it within 14 days after the Agreement ends or does receive it but it is damaged or faulty, Gigaair may charge the Customer the full replacement value. 

 

5.         Access To Premises and Permits 

5.1.       The Customer warrants that it is the current occupier of the Premises and either the freeholder of the Premises or a tenant under a lease with permission to install the Equipment at the Premises from the freeholder. 

5.2.       The Customer hereby: (i) grants to Gigaair a licence to perform such works as may be required to install apparatus (“Apparatus”) (including but not limited to Equipment and additional equipment) at the Premises, to retain and use such Apparatus so-installed and to connect to, maintain, alter, replace and/or remove the same and (ii) agrees to grant access to the Premises for Gigaair, its employees, agents and/or contractors to inspect the Apparatus and perform the tasks set out in (i). 

5.3.       Gigaair shall cause as little disturbance at the Premises as reasonably practicable and shall repair, to the Customer’s reasonable satisfaction, any damage occasioned by it. 

5.4.       The Customer shall follow any reasonable instructions given by Gigaair in relation to the Apparatus and shall ensure that a representative is present at the Premises whenever access is required. 

5.5.       The Customer shall obtain any consent or permission that might be required from a third party to cross their land or install Equipment on their Premises, including procuring signature of a wayleave agreement in such form as Gigaair may reasonably require. Gigaair is not obliged to install or provide the Services unless all consents and permissions have been obtained. If the Customer fails to procure any necessary consent or permission, Gigaair may terminate the Agreement and in such event the Customer shall only be charged for any costs incurred by Gigaair prior to the date of termination. 

 

6.         Installation and Connection 

6.1.       Connection to the Business Broadband Service takes place via a Gigaair socket. If no Gigaair socket is available at the Premises when the Customer places an Order or if Gigaair agrees to move or re-wire a Gigaair socket at the Premises or to install an additional Gigaair socket at the Premises, such works shall be subject to payment of an Installation Fee. 

6.2.       Following installation, save in relation to the Installation-only Service, Gigaair shall assign to the Customer: 

(i) either a single static IP address; or 

(ii) where the Customer has purchased a 100Mb Service, a dynamic IP address, 

and in each case, use of that IP address will be free of charge. The IP address so provided, along with any further IP addresses which Gigaair may provide to the Customer for use, remain the property of Gigaair and are for use solely in connection with the Service. The Customer cannot sell them or agree to transfer them to anyone else and must not try to do so. They shall revert to and may be reassigned by Gigaair on disconnection of the Services or termination of the Agreement. 

6.3.       The speed and performance of the Business Broadband Service will depend on a number of factors, some of which are outside Gigaair’s control. The Business Broadband Service will operate at its fastest where the Customer uses an Ethernet cable to connect directly to its Gigaair wallbox (though there will be some loss of throughput speed). Gigaair does not warrant or represent that the connection will reach any given speeds or that maximum transmission speeds can be obtained at any given time. Gigaair shall use its reasonable endeavours to inform the Customer of any issues affecting the Services and shall attempt to resolve them as soon as reasonably practicable. 

6.4.       The Customer may transfer its chosen Business Broadband Package to any other Business Broadband Package then available at the Premises and may add or remove the Telephone Service and/or add or remove Additional Telephone Packages from the Telephone Service in writing (by email or letter), However no transfer from a Service with a Minimum Period to a Service under a Monthly Rolling Package will be permitted unless the Customer first terminates their existing Service and pays any applicable Service Termination Fee. Any transfer to another Business Broadband Package, or addition or removal of a Service, in each case during any Minimum Period applicable to the Customer’s existing Service, shall restart the Minimum Period from the date the Customer starts receiving the amended Service(s) under its existing Business Broadband Package or Service(s) under its new Business Broadband Package, as applicable. Where the Customer transfers to a different Business Broadband Package, the restarted Minimum Period shall be whichever is longer – the remaining time of the Minimum Period of the original Business Broadband Package or the full Minimum Period that applies to the new one. For the avoidance of doubt, where a Customer transfers from a Monthly Rolling Package to a Business Broadband Package with a Minimum Period, the full Minimum Period of the new Business Broadband Package shall apply. 

6.5.       If Gigaair fails to connect the Services in an Order for more than 30 days following the date that Order is accepted in accordance with Clause 2.3, and such failure does not result from the act or omission of the Customer, the Customer may terminate the Agreement in respect of the relevant Service(s) by written notice, such notice to be served at any time prior to such Service(s) being activated. In such event, any Charges already paid by the Customer in respect of such Service(s) shall be refunded to it. 

6.6.       The Customer agrees that any connection dates provided by Gigaair are estimates only. Gigaair shall not be liable to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any delay in installing or activating the Services or otherwise for any failure to achieve such dates. 

6.7.       Gigaair’s sole obligation hereunder is to make the Services available to the Customer. The Customer shall be responsible for ensuring it is able to access the Services including for ensuring that it uses a router or Ethernet cable capable of connecting to the Services. Gigaair shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise under or in connection with this Agreement for the Customer’s failure to access the Services. 

6.8.       If the Services are disconnected or suspended for any reason, the Customer shall be liable to pay a Re-activation Fee. 

 

7.              Multi-Tenanted Buildings 

7.1.       The following paragraphs apply where the landlord or building manager of the Premises (the “Landlord”) has entered into an agreement with Gigaiar to provide Services to the Premises, including to the Customer’s workspace (the “Landlord Services”).   

7.2.       Gigaair’s agreement with the Landlord is subject to and conditional upon the Customer’s complying with these Terms and with the additional documents referenced in Clause 2.1. In return for Gigaair’s agreeing to make the Landlord Services available to the Landlord, the Customer agrees that it shall comply with these Terms and those additional documents. 

7.3.       The Customer acknowledges and agrees that Gigaair’s obligation to provide the Landlord Services is owed to the Landlord and not to the Customer.  Accordingly, the Customer further agrees that: (i) the Agreement (which in relation to this Clause 7 means the agreement for the provision of the Landlord Services) is limited to the Customer’s agreeing to comply with these Terms and with the documents referenced above in return for Gigaair’s agreeing to make the Landlord Services available to the Landlord; (ii) as between Gigaair and the Customer, Gigaair shall have no obligation whatsoever under the Agreement in respect of the provision of the Landlord Services and all provisions relating to the installation, provision and maintenance of the Landlord Services and other provisions imposing obligations or restrictions on Gigaair shall be ineffective; (iii) In the event of a failure of or fault with the Landlord Services or any issues relating to installation any liability shall lie between Gigaair and the Landlord. The Customer agrees that it will not bring any claims or other legal proceedings against Gigaair whether in contract, tort (including negligence and breach of statutory duty) or misrepresentation in connection with the foregoing (“Landlord Services Claims”), and the Customer hereby waives all and any such Claims and hereby indemnifies Gigaair and holds Gigaair harmless in respect of the same.  

7.4.       Gigaair may agree that the Customer can report faults with the Landlord Service to Gigaair directly. If Gigaair incurs additional costs in investigating and fixing faults or conducting works at the Customer’s direction and if so directed to the Landlord, Gigaair may invoice these amounts to the Customer directly. In such case, the Customer agrees to pay such amounts in accordance with these Terms. This Clause is without prejudice to the provisions of Clause 7.3. 

7.5.       The Customer understands that the Landlord Services may be suspended or terminated: (i) In accordance with the terms of Gigaair’s agreement with the Landlord including without limitation if the Landlord fails to pay amounts when due and/or (ii) if the Customer fails to comply with these Terms and the documents referenced above. 

7.6.       If the Customer places orders for services additional to the Landlord Services (“Ancillary Services”), these will be governed by a separate agreement between the Customer and Gigaair. The Customer acknowledges that Gigaair’s ability to provide Ancillary Services is reliant upon provision of the Landlord Services. In the event that the Landlord Services are suspended or terminated including without limitation if the Landlord fails to pay amounts owed to GigaairGigaair shall have no liability for any failure of the Ancillary Services but whenever reasonably possible Gigaair will give the Customer an opportunity to order services equivalent to the Landlord Services from Gigaair directly, subject to the Customer paying the requisite fee for these. 

 

8.         Payment Terms and Charges 

8.1.       The Customer shall pay the Charges and any VAT that may apply in relation to them in accordance with this Clause 8. The Charges are as agreed in the terms of the relevant Order or, if not so agreed, as stated on the Website or in the Guide to Charges and Fees for Business Customers, as amended or updated from time to time in accordance with Clause 20. 

8.2.       All recurring Charges are payable from the relevant Services Start Date and shall be collected (along with any applicable VAT) in advance. Call Charges will be collected (along with any applicable VAT) in arrears. If possible, Call Charges will appear on the immediately subsequent invoice, but they may instead be included on a later invoice. One-off charges (along with any applicable VAT) are payable as incurred. 

8.3.       Save in respect of the Installation-only Service, the Customer will receive two invoices during the first month of receiving the Services. The first invoice will be received on the day after the Services Start Date and will include a Rental Charge amount for the first month of Services, Call Charges incurred on the Services Start Date, any applicable Activation Charge and/or Installation Fee and any applicable Static IP Address Fee. The second invoice will be received approximately two weeks after the first invoice. It will include a Rental Charge amount for the second month of Services, plus any (unpaid) Call Charges incurred during the month prior to this invoice and any applicable Static IP Address Fee. Thereafter, the Customer will receive a monthly invoice, on around the same date in the month as its second invoice, for the next month’s Rental Charge, any Call Charges incurred during the month prior to that invoice and any applicable Static IP Address Fee. The amount set out in an invoice (which shall include any applicable VAT) will be debited from the Customer’s bank account (as agreed when the Order was placed), 10 Business Days after the invoice date. 

8.4.       All invoices will be issued via email 10 Business Days prior to the due payment date. 

8.5.       When the Customer places an Order, it must provide its bank account details and agree to pay invoices in respect of its Services by direct debit. The Customer shall pay all Charges by direct debit only save that the Customer may use a Gigaair-approved debit or credit card to pay for an Installation-only Service or (at Gigaair’s request) to make an interim payment relating to Call Charges incurred. The Customer shall notify Gigaiar immediately of any change in the bank details it previously notified to Gigaair in connection with its Services. Gigaair may charge a £10 “Direct Debit Return Fee” by way of compensation for any direct debit payments which are not honoured for any reason. 

8.6.       The Customer shall pay all sums due in full on or prior to the due date, as provided in Clause 8.3. No deductions or withholdings are permitted except as required by law. 

8.7.       Gigaair may charge interest on overdue amounts from the due date until payment in full (whether before or after judgment) at the annual rate of 4% per annum above the base rate of The Royal Bank of Scotland plc from time to time. 

8.8.       Gigaair may from time to time in its sole discretion restrict the Services on the basis of the Call Charges incurred by the Customer each month. Gigaair shall notify the Customer if it is likely to exceed any cap set by Gigaair in relation to Call Charges (and previously notified to the Customer by Gigaair) in any month and the Customer shall then have the option of paying a portion of the Call Charges incurred that month by credit card to avoid suspension of the Telephone Service. 

8.9.       Calls to Business Support will be charged at local call rates which will be free of charge at evenings and weekends using the Telephone Service and free always using the “free anytime” Additional Telephone Package. Charges from other networks may vary. 

8.10.     If the Customer disputes the amount of any invoice, it shall notify Gigaair forthwith and shall pay any amounts not disputed. Gigaair will not suspend or end the Services while it investigates any dispute notified to it as provided in this Clause 8.10. 

8.11.     All prices shown on the Order, on the Website at and in the Guide to Charges and Fees for Business Customers are exclusive of VAT, which may be charged as applicable and shall be payable as provided in this Clause 8. 

 

9.              Service Interruptions 

9.1.       Gigaiar may from time to time (i) alter, interrupt, suspend or make changes to the Services for operational or technical reasons; (ii) make changes to area codes, phone or access numbers; and/or (iii) make changes to technical specifications, including limits for transferring information which are associated with the Services. 

9.2.       Gigaair shall take all reasonable steps to minimise the effect of any interruptions or disruptions and try to restore the Services as soon as reasonably possible but the Customer acknowledges and agrees that: (i) it is technically impossible for Gigaair to provide an uninterrupted or fault-free Service; (ii) no warranty or representation is made in respect of the same; and (iii) all implied terms and conditions to such effect are excluded.  If Gigaair makes any of the changes mentioned in Clause 9.1 or will need to suspend its Services for any of the reasons mention in Clause 9.1, Gigaair will try to notify the Customer of this, where the Services will be significantly affected. 

9.3.       Gigaair commits to remedy all faults in relation to its Services (“Faults”) as follows: 

(i) for Business Broadband Packages ordered before 27 July 2020, within 24 hours of the Customer reporting the same; 

(ii) for Business Broadband Packages ordered on or after 27 July 2020, 

(a) where the affected Service is Gigaair’s 50 Mb or 100Mb Service, by 23:59 on the second Business Day following the day the Customer reports the same (and for these purposes, if the Customer reports a Fault after 5.30pm on a Business Day, or at any time on a day which is not a Business Day, they are deemed to have reported it on the next following Business Day); 

(b) where the affected Service is Gigaair’s 150Mb, 500Mb or 1Gb Service, by 23:59 on the Business Day following the day the Customer reports the same (and for these purposes, if the Customer reports a Fault after 5.30pm on a Business Day, or at any time on a day which is not a Business Day, they are deemed to have reported it on the next following Business Day); or 

(iii) if applicable, within such other time period, as set out in the Customer’s Order Confirmation Email and/or Gigaiar’s Business Order Form, of the Customer reporting the same. 

The Customer shall report all Faults by telephoning or emailing Business Support or by contacting Business Support using the “Chat” function on the Website, and giving details of the Fault, with sufficient information for Gigaair to identify the Customer and Services affected. The remedy time is calculated from the time a Fault is reported (or is deemed to have been reported) in accordance with this Clause 9.3 and ends when Gigaair closes its maintenance log concerning such Fault. 

9.4.       Subject to Clauses 9.5 and 9.6, in the event that Gigaair fails to remedy any reported Fault within the applicable SLA period stated in Clause 9.3 (the “SLA Period”), it shall grant the Customer a single credit for that reported Fault as follows: 

(i) if the affected Service was provided with a Business Broadband Package ordered before 27 July 2020: 

(a) £25 for its 100Mb Services; and 

(b) £50 for its 200Mb, 500Mb and 1Gb Services 

(unless the parties agree otherwise in writing), such credit to be applied by Gigaair against the Rental Charges; or 

(ii) if the affected Service was provided with a Business Broadband Package ordered on or after 27 July 2020, in respect of each consecutive calendar day that the Fault remains unremedied following expiry of the applicable SLA Period (an “SLA Day”): 

(a)  for Gigaair’s 100Mb Service, an amount equivalent to either 50% of the Per Day Rental Charge Amount if the fault is fixed by 1.00pm on an SLA Day or 100% of the Per Day Rental Charge Amount if it is not so fixed. The “Per Day Rental Charge Amount” is the amount that Gigaair charges the Customer for 1 day of that Service during the period that the Fault is in effect. The total credit amount payable in relation to the Fault shall be capped at 10 times the Per Day Rental Charge Amount; or 

(b)  for Gigaair’s 200Mb, 500Mb or 1Gb Service, an amount equivalent to either 50% of the Per Week Rental Charge Amount if the fault is fixed by 1.00pm on an SLA Day or 100% of the per Week Rental Charge Amount if it is not so fixed. The “Per Week Rental Charge Amount” is the amount that Gigaair charges the Customer for 1 week of that Service during the period that the Fault is in effect. The total credit amount payable in relation to the Fault shall be capped at 10 times the Per Week Rental Charge Amount. 

The Customer agrees that such payment represents the Customer’s sole remedy and Gigaair’s sole liability in contract, tort (including negligence) or otherwise for any beach of Clause 9.3, for Faults and for any other failures in the Services. 

9.5.       The SLA set out in Clauses 9.3 and 9.4 shall not apply: (i) to a Fault caused by (or as a result of) Force Majeure or by anyone other than Gigaair (including without limitation Faults caused by the action or inaction of the Customer or of a third party supplier) or to a failure within equipment provided by the Customer or otherwise outside the Network; (ii) if, following reporting of the Fault, Gigaair is unable to contact the Customer or the Customer does not provide access to the Premises when reasonably required or is unavailable to take delivery of a replacement router or fails to provide such other assistance as Gigaair may reasonably require; (iii) to the extent that Gigaair is prevented, delayed or hindered in or from remedying a Fault within the agreed remedy period as a result of Force Majeure; or (iv) if Gigaair is unable to find a Fault or the Customer cancels the Fault report prior to the Fault being remedied. 

9.6.       To be eligible for a credit (as detailed in Clause 9.4), the Customer must notify Gigaiar by telephoning or emailing Business Support, by contacting Business Support using the “Chat” function on the Website, or by such other method as Gigaair may from time to time permit or require as stated on the Website within 30 days from the date the reported Fault is remedied, giving details of that Fault. The Customer may only claim 1 credit per reported Fault or series of connected reported Faults.          

10.         Moving Premises 

10.1.     The Customer shall notify Business Support if it is planning to move to new premises.  Gigaair can only provide its Services at such new premises if these are already set up to be connected to Gigaair’s Network at the time of the move. If Gigaair does provide its Services to the Customer at the new premises, Gigaair will be entitled to treat the Customer as a new Customer. This means that the Customer will have to go through the ordering process again and may be liable to pay an Activation Charge and Installation Fee in relation to Gigaair’s provision of Services at such new premises. The Customer may, however, be able to use the Equipment previously provided by Gigaair. The Customer should note that it may not be able to retain its existing telephone number at the new premises. Where the Customer requests (and Gigaair is able to provide) Services at the new premises, Gigaair will provide further information regarding the applicable Charges during the relevant ordering process. 

10.2.     If Gigaair cannot provide its Services at the new premises, the Customer may terminate the Agreement in accordance with Clause 11.4 below and the provisions of that Clause shall apply to such termination. 

 

  1.     Term of Agreement, Suspension, Restriction and Termination

11.1.     As provided in Clause 2, the Customer offers to purchase Services on these Terms when it submits an Order and the Agreement between the parties starts on the date Gigaair accepts the Order.  

11.2.     The Services shall be provided with effect from the relevant Services Start Date.  Gigaair may terminate the Agreement in relation to any Services without liability at any time prior to the Services Start Date: (i) if the Customer fails a credit check; (ii) if the bank, debit or credit card details provided are not valid or incorrect; (iii) if the Customer fails to pay any Charges when due; (iv) if the Customer has previously misused services provided by Gigaair; (v) if Gigaair is unable to provide the Services to the Premises for any reason; or (vi) for any other reason at its sole discretion. If Gigaair terminates the Agreement as provided in this Clause 11.2 other than as a result of the Customer’s act or omission including for the reasons set out in (i) to (iv) in the preceding sentence, any Charges paid by the Customer in respect of the relevant Services shall be refunded. 

11.3.     The Customer may cancel the Services at any time prior to the relevant Services Start Date, subject to payment of the Order Cancellation Fee. 

11.4.     The Customer may terminate the Agreement or any Service at any time on 30 days’ written (by email or letter) notice, such 30 day period to run from receipt by Gigaair of the same, provided that termination during the Minimum Period of any Service shall be subject to payment of the Service Termination Fee in respect of that Service as detailed in the Guide to Charges and Fees for Business Customers. 

11.5.     Cancellation of a Service which formed part of a bundled package offer and provided a reduced Charge for the total package of Services, may effect a change in the Rental Charge for the remaining Services. Termination or cancellation of the Agreement in respect of the Business Broadband Service shall automatically effect a cancellation or termination of the Telephone Service and any Additional Services provided in conjunction with that Business Broadband Service. 

11.6.     Gigaiar may terminate the Agreement and any other agreement between the parties in respect of some or all Services or, at its option, restrict or suspend some or all of the Services immediately without notice if: 

11.6.1.  the Customer fails to pay, by the due date, any money owed (although Gigaair will provide notification to the Customer’s current registered email address prior to taking this action) or cancels the direct debit for the Services without agreeing another form of payment; 

11.6.2.  the Customer misuses any of the Services in contravention of the AUP; 

11.6.3.  in relation to the Telephone Service, the Customer exceeds any account cap (set by Gigaiar and already notified to the Customer), in which case the Telephone Service may be suspended or restricted; 

11.6.4.  Gigaiar has reason to believe that the Customer has provided false, inaccurate or misleading information in connection with the Agreement; 

11.6.5.  Gigaair has reason to believe that the Customer or any user of the Services has committed, or may be committing, a fraud by using the Services or the Equipment (or both); 

11.6.6.  a Customer representative acts towards Gigaair’s staff or agents in a manner that Gigaair considers inappropriate; 

11.6.7.  any permission or authorisation under which Gigaair is entitled to connect, maintain, modify or replace the Equipment or provide the Services is suspended or ends for any reason; 

11.6.8.  in Gigaair’s reasonable opinion, it is necessary to do so for Gigaair’s to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority; 

11.6.9.  in Gigaair reasonable opinion, it is necessary to do so for security, technical or operational reasons; or 

11.6.10.          on 30 days’ written notice, for any other reason without cause. 

11.7.     Gigaair may suspend the Services if there is an increase in the number of calls or Call Charges which is inconsistent with previous usage. Gigaair will endeavour to contact the Customer prior to suspending the Services but will not be liable in contract, tort (including negligence or breach of statutory duty) for any loss arising from such suspension. Gigaiar will reinstate the Services once it is satisfied that the Customer is aware of and will pay the Charges for the increased usage. Gigaair may also: (i) require payment of a deposit as security for the Charges or (ii) prevent the Customer from making international calls and/or premium rated calls if in Gigaair’s reasonable opinion they form a significant proportion of the Charges. 

11.8.     Either party may terminate the Agreement on 30 days' written notice to the other if: 

11.8.1.  there has been a material breach of the Agreement by the other party which is not remedied within 30 days of a written notice requiring such remedy;  

11.8.2.  an event, outside Gigaair’s reasonable control, prevents continued provision of the Services for a single period of more than 30 days; or 

11.8.3.  the other party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); becomes insolvent or bankrupt; is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); makes an application to a court of competent jurisdiction for protection from its creditors generally; has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; enters into or proposes any composition or arrangement with its creditors generally; or if any legal action is taken or threatened against the other’s property or either party is subject to any analogous event or proceeding in any applicable jurisdiction. 

11.9.     The restriction or suspension of Services under this Agreement shall not relieve the Customer of its obligation to pay the Charges. If Gigaair terminates the Agreement in accordance with this Clause 11 or otherwise in accordance with the Agreement (other than without cause) it may invoice the Customer for and the Customer shall pay either (i) the Service Termination Fee if the Customer is within any Minimum Period with respect to such Services or (ii) if the Customer is not within such Minimum Period, an amount equal to what the Customer would have to pay for those Services if it were still receiving them for a further 30 days after the date they were terminated. 

11.10.   Termination of the Agreement shall not affect: (i) any obligations or rights of the parties which arose or accrued prior to, or which expressly survive, termination of this Agreement or (ii) the continuation in force of Clauses 4.2, 4.3, 4.5, 5.2- 5.4, 7.3, 8, 9.2, this Clause 11.10, 12.3, 14, 16.4-16.7 and 19. 

11.11.   Unless Gigaair provides written consent to the contrary, the Customer acknowledges and agrees that: (i) the Service is provided for use at and within the Premises only; (ii) the Customer shall not resell the Service to other persons whether for profit or otherwise and shall not charge other persons for use of the Service; and (iii) the Customer shall not use the Service to operate as an Internet service provider or to operate any server services to other persons (this includes without limitation HTTP/web, SMTP/mail and FTP/file transfer services). 

 

  1.     Use of the Services

12.1.     The Customer shall ensure that all use of the Services is at all times compliant with the AUP. The Customer hereby indemnifies Gigaair in respect of (i) all third party claims, actions or proceedings brought or threatened against Gigaair arising in connection with the use or misuse of the Services or any breach or contravention of these Terms or the Agreement (“Claims”) and (ii) all costs (including legal costs), losses and damages arising in connection with such Claims. 

12.2.     In relation to the Telephone Service the Customer agrees that: (i) it shall not advertise its phone number in or on a public phone box or use the Telephone Service to make nuisance or hoax calls; (ii) it does not own the phone number and that it will not transfer it to anyone else or try to do so; (iii) Gigaair may give the Customer’s contact details to the emergency services (and to any other relevant public authorities (as specified by Ofcom) in the event of disaster) and also (if the Customer requests Gigaair in writing  to have its telephone number included in any phone books or available through directory enquiries) to other authorised public communications operators and regulated directory service providers. The Customer agrees that Gigaair cannot accept liability for any failure by authorised public communications operators and regulated directory service providers, to whom it provides information to comply with the Customer’s listing request. 

12.3.     The Customer shall keep all security information safe and promptly inform Gigaair of any improper disclosure of such security information or unauthorised use of the Services.  Gigaair shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any costs, losses or damages caused by a third party gaining access to the Services, the Equipment or any equipment, software or data provided by the Customer. 

12.4.     The Customer shall ensure that any equipment and software used by it in connection with the Services and/or connected to the Network complies with all Applicable Laws and bears the European Consumer Equipment Standards 'CE' mark, is compatible with the Equipment and that the Customer has all necessary licenses required in connection with such use and connection. 

 

  1.     Special Provisions Relating to the Telephone Service

13.1.     In relation to the Telephone Service, the Customer understands and agrees that the Telephone Service is dependent on the Customer’s connection to the Network and on the provision of power to the Equipment. The Customer shall use all reasonable endeavours to maintain a mains (240 volt AC) power supply to the Equipment. If either the power supply fails or there is a failure of the Network, the Telephone Service will not function. Further details can be found on the Website at www.hyperoptic.com/faq/phone-service. 

13.2.     The Telephone Service allows calls to the emergency services numbers 999 and 112 but calls to these services will fail if there is a power cut or if the Business Broadband Service connection fails. The Customer understands and agrees to explain this to anyone who may use the Telephone Service. The Customer further understands and agrees that it will always have another way to call 999/112 emergency services from the Premises (whether by using the existing copper wire telephone line to the Premises or another suitable alternative method). 

13.3.     Gigaair will register the Customer’s location to allow the emergency services to locate the Customer on receiving a 999/112 call. 

13.4.     Gigaair shall take all reasonable steps to assist the Customer in porting its telephone number from another provider’s network to the Network (subject to the Customer notifying Gigaair of its request to port such number, during the Order process) or from the Network onto another provider’s network, in each case provided that no Charges are then outstanding. The Customer shall be liable for any third party charges incurred by Gigaair in connection with this transfer, which shall be notified to the Customer in advance. On occasion, porting of a telephone may not be possible and the Customer agrees that it understands this. 

13.5.     Once a Customer makes a number porting request, the new and old network providers work together to prepare the new network for the Customer’s number and will take the necessary steps (the “Activation Steps”) to achieve this. The date that the old and new network providers agree that the Activation Steps have been carried out, is the “Porting Date”. Where the Customer is moving its telephone number to the Network, Gigaair will notify this Porting Date to the Customer by email (at the address the Customer provides on its Order). Gigaair shall aim to port the Customer’s number and have it working within 1 Business Day of the Porting Date. 

13.6.     If the Customer wishes to use the Telephone Service before its telephone number has been ported to the Network, Gigaair may provide the Customer with a temporary telephone number. The Customer may use this temporary telephone number with the Telephone Service until the porting of the Customer’s old telephone number has occurred. 

13.7.     If, after notifying the Customer of the Porting Date, Gigaair finds out that the Activation Steps have not in fact been completed, Gigaair shall agree a new Porting Date with the Customer’s old network provider, which shall similarly be notified to the Customer by email and shall replace the previous Porting Date. Where the Porting Date is changed in this way, the Customer may not treat this as a delay or abuse of number porting and Gigaair shall not be required offer the Customer the compensation detailed in Clause 13.8, in respect of the Porting Date change. 

13.8.     In the event that Gigaair (i) delays the porting of a Customer’s telephone number for more than 1 Business Day after the Porting Date (which shall mean the last Porting Date emailed to the Customer, where the Customer’s telephone number is being ported to the Network) or (ii) otherwise commits an abuse of porting, upon receipt of a valid and genuine claim, Gigaiar shall provide reasonable compensation in accordance with its “Number Porting Compensation Scheme” (details of which, along with how compensation may be claimed, are set out in the Complaints Code of Practice). Any compensation awarded pursuant to the Number Porting Compensation Scheme is in full and final settlement of any claim the Customer may have against Gigaair (now or in the future) in respect of the delay and/or abuse in porting. 

13.9.     All calls made using the Telephone Service are subject to the AUP. Gigaair reserves the right to impose limits on calls, apply additional charges or suspend or terminate access to the Services if it reasonably believes the Customer is in breach of the AUP. It may also record calls to ensure the Service is used in accordance with the AUP. 

 

  1.     Liability

14.1.     Gigaair’s duty in performing its obligations hereunder is to exercise the reasonable care and skill of a competent service provider only. Gigaair gives no warranty that (i) the Services will be free of Faults or uninterrupted or (ii) the Equipment will never be faulty. 

14.2.     Subject to Clause 14.5, neither Gigaair nor any other company in Gigaair’s group (nor any person connected with Gigaair or such other company) shall be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with this Agreement for any indirect or consequential loss or damage or for any of the following whether direct or indirect and whether or not reasonably foreseeable: (i) loss of income or revenue; (ii) loss of business or opportunity; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss, corruption or the release of data (including personal data), information or software; (vi) loss of goodwill; (vii) the cost of procuring substitute goods or services; (viii) wasted management or office time; (ix) losses from the Customer breaching the Agreement or using the Services in a manner that breaches the Agreement; (x) loss or damage caused by malware or the unauthorised use of the Services on any of the Customer’s devices (or those of any other user of the Services); (xi) losses from the failure of safety, security or other alarm system due to their incompatibility with the Services or for any other reason for which Gigaair is not at fault; (xii) loss or damage from the Customer using any equipment not supplied by Gigaair; (xiii) claims against Gigaair arising from the breach of any implied term, condition or warranty, to the extent these can be excluded by law. 

14.3.     Subject to Clause 14.5, Gigaair shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any loss or damage incurred by the Customer or any user of the Services or the Website in connection with the use, inability to use, or results of the use of the Services, the Equipment or additional equipment or Website, any websites linked to it or accessed through the Network and any materials posted on the Website or any such other websites, including losses from delays or interruptions to the Services, irrespective of whether any such loss or damage was foreseeable save that this Clause 14.3 shall not preclude claims for loss of or damage to tangible property arising from Gigaair’s negligence. 

14.4.     Subject to Clause 14.5 and save as expressly set out in these Terms, Gigaair’s aggregate liability to the Customer in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any claims arising in any calendar year shall not exceed 125% of the Charges due in that calendar year. 

14.5.     Nothing in the Agreement shall limit or exclude Gigaair’s liability for (i) death or personal injury arising from its (or its employees’, contractors’ or agents’) negligence; (ii) fraudulent misrepresentation or misrepresentation as to a fundamental matter; or (iii) any other liability which cannot be excluded or limited under Applicable Law. 

14.6.     Except as set out in Clauses 14.1 to 14.5, Gigaair accepts no liability for loss or damage caused by a person other than the Customer accessing the Customer’s connection to the Services, any computer or device of the Customer, the Equipment or any related equipment (including additional equipment) or accessing, destroying or distorting any data or information held by Gigaair. 

14.7.     Gigaair is not liable for goods or services supplied to the Customer (or to any other person using the Services) under a separate agreement with another supplier, even if they were acquired through the Network. 

14.8.     The Customer shall at all times be under a duty to mitigate any losses suffered by it. 

 

  1.     Force Majeure

          Gigaair shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise if it is prevented, hindered or delayed in or from performing its obligations under the Agreement, to the extent that this is attributable to Force Majeure. 
 

  1.     Other General Provisions

16.1.     Failure by either party to exercise or enforce any right conferred by the Agreement or at law or in equity shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right or remedy on any later occasion.  Except as expressly provided, remedies shall be deemed cumulative and not exclusive. 

16.2.     The Customer shall not assign or delegate all or any of its rights and obligations under the Agreement without Gigaair’s prior written consent. 

16.3.     The Customer acknowledges and agrees that Gigaair may make enquiries about the Customer for credit reference purposes, including searching records held by Experian, Equifax and/or any other credit reference agency or fraud protection scheme.  Gigaair shall hold any data relating to the Customer it obtains from such enquiries in accordance with the Privacy Policy. 

16.4.     The Customer shall keep confidential all non-public information disclosed to it concerning Gigaair and its business. Gigaair shall use and retain information provided by the Customer in accordance with the Privacy Policy. 

16.5.     Each term of the Agreement shall be treated as a separate provision. If a court, arbitrator or any government agency stipulates that any part of the Agreement is unenforceable, unreasonable or invalid, the remaining provisions of the Agreement will still be valid and enforceable. 

16.6.     No third party is entitled to enforce any term under the Agreement under the Contracts (Rights of Third Parties) Act 1999. 

16.7.     The Agreement sets out the entire agreement between the parties relating to the provision of the Services and supersedes any and all previous agreements and understandings with respect to such provision. The Customer acknowledges that it does not enter into the Agreement in reliance on any representation not contained in this Agreement and in the event of actionable misrepresentation (other than fraudulent misrepresentation) the only remedy available shall be a claim for breach of contract. All conditions, warranties and other terms which might otherwise be implied by law or equity are hereby excluded. 

 

  1.     Notices

17.1.     The Customer may contact Gigaair in any of the following ways: 

(i) by emailing Business Support at bssupport@gigaair.co.uk;           
(ii) by telephoning Business Support on 0141 319 5228; or 

        

(iv) where the Agreement specifies that the Customer should contact Gigaair by letter, the Customer should write to Gigaair at: “Gigaair Business Support, 204 – 206 Bath Street, Glasgow, G2 4NW 

17.2.     The Customer shall post any notices or other communications required under the Agreement to Gigaair at the address in (iii) above, even where the Customer has notified Gigaair of the same, in another manner.       

17.3.     Gigaair may contact and serve notices on the Customer by email at the email address provided during the Order process, as updated from time to time through the “My Account” section of the Website. It may also use the Customer’s postal address, mobile or fixed phone number as it deems appropriate. 

 

18.     Complaints 

18.1. Gigaair has a procedure for handling complaints relating to breaches of the Agreement. Complaints should be made by email to bsupport@gigaair.co.uk but can also be made by contacting Business Support on 0141 319 5228. However, a Customer should note that where it has made a complaint by telephone, it must also confirm all relevant information in writing (by email or letter), in order for Gigaair to investigate the complaint properly. 

18.2.     Any Customer which is a “small business” (one with 10 or fewer employees), should note that Gigaair has a specific procedure for handling complaints from its individual and small business customers. Details of this are set out in the Complaints Code of Practice. If Gigaair is unable to resolve any complaint or dispute that such a small business Customer may have in relation to Gigaair and/or its Services, that Customer may refer the matter to Ombudsman Services, an independent dispute resolution service, which will be free for such Customer to use. Any such small business Customer should note that Ombudsman Services will only deal with their complaint or dispute after that Customer has already followed Gigaair’s internal complaints procedure in full. Further details relating to Ombudsman Services are set out in the Complaints Code of Practice. 

18.3.     To report any illegal or unacceptable use of the Services, the Customer should email bsupport@gigaair.co.uk, providing full contact details and as much evidence as possible to assist Gigaair in investigating the matter (such as a copy of the message and/or headers, the full URLs or log files showing any unauthorised account access).                                                            

 

  1.     Jurisdiction and Applicable Law

          The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots Law. Subject to Clause 18.2 above, the Scotttish courts shall have exclusive jurisdiction over any claim arising from, or related to, the Agreement although Gigaair may initiate proceedings for breach of the Agreement in any other relevant country. 

 

  1.     Changes to the Charges, These Terms and/or the Services

20.1.     Gigaair may at any time and from time to time amend the Agreement (including without limitation varying the Charges and making changes to the Services) by publishing such changes on the Website. Subject to Clause 20.2, such changes shall become binding on both parties upon such publication. 

20.2.     Gigaair shall give the Customer not less than 30 days’ written notice via email of any increase in the Charges or any other change to the Agreement or the Services which might reasonably be regarded as being to the Customer’s material detriment (“Changes”). In such event, the Customer may terminate the Agreement in respect of the Service(s) affected, without incurring any Charges for so terminating, as long as such Customer gives Gigaair written notice (by email or letter) of its wish to terminate such Services, within 30 days of receiving Gigaair’s email notice relating to the relevant Change(s). 

20.3.     If Gigaair needs to amend the Charges or these Terms to reflect matters outside Gigaair’s control (for example, to meet legal, regulatory or financial requirements) Gigaair will give as much notice of such changes as reasonably possible and the Customer shall not be entitled to the additional right of termination set out in Clause 20.2.