Airwave Communications Limited Broadband Service Terms

These terms and conditions apply from 18th December 2020.

Airwave Communications Limited operates as a sole agent to provide broadband and other communications services using a variety of specialised partners.
Airwave Communications provide first line support via their helpdesk to allocate faults and billing issue to the correct partner. Our delivery partners are responsible for faults and repairs. They are solely responsible for the ongoing management of the wireless broadband, equipment and backhaul under contract to Airwave Communications Limited.

What we provide

The service we provide consists of:
a high-speed internet access service available in a range of options and delivered over a fibre optic cable or a wireless connection.
a range of helpdesk services; and
any other applications, services and features that we may make available and which you choose to take – some of which may be subject to additional terms.
We’ll also provide some equipment which you’ll need to use the service. Some of this equipment may need to be installed by an engineer and you’ll need to agree where it is installed when we visit.
Some service options need an engineer visit to install the service. These services are subject to availability and a site survey. These services may not work with other services you have. For more details please speak to or email your Account Manager support@airwavecommunications.org Tel: 01332 404 303

When the service starts

The service starts on the date we activate it (service start date). If we have to visit to install the service, it will be activated after the installation is complete. You will usually need to take any service option for a minimum period – normally 12 month for BDUK voucher applications or 24 months. The minimum period for each service option is set out in the front of this service agreement. This minimum period also begins on the service start date. You can cancel the contract at the end of the minimum period in writing providing 30 days notice.
Installation visits

If needed, we’ll agree a date with you for delivery and installation of any equipment, but all dates are estimates and we cannot guarantee we will meet them.
If we need to change the installation date, we will try to contact you a minimum of two working days before the scheduled date.
If you need to change or cancel any appointment date, you must tell us at least three working days prior to the scheduled appointment or we may charge you a missed appointment fee.
During installation you must be present or there must be someone authorised by you to make decisions regarding the location and installation of equipment.
On the day of installation, prior to visiting your premises, the engineer may need to disconnect your service for a short period. If possible you should make alternative arrangements to enable you to make calls to emergency services during this period.
As part of the installation, the engineer will be responsible for connecting your computer to the service and will demonstrate a working internet connection to you, providing your computer meets the minimum requirements. You will be responsible for reconnecting any other online equipment you may have, such as a TV set-top box, additional computers.

Cancellation

You can cancel the service without charge at any time up until the service start date, except that you will have to pay our reasonable costs for any work that we have already started or completed in order to provide the service to you. You have certain rights to cancel after we have started to provide the service.
Additional Cancellation Rights;

The upload/download speeds that we quote when you order the service is an estimate only. Once your speeds have settled (usually 3 days after activation), if you are always getting speeds lower than the estimated range that we quoted, you can contact us any time within the first 3 months after you ordered the service and we will try to improve the speeds,
if, despite any improvements we try to make, the speeds you get are less than the “minimum guaranteed access line speeds”, you will be entitled to cancel the service without paying a charge for ending it early – provided you have followed our instructions in trying to resolve the problem.

Quality of Service.

We aim to provide a continuous, high-quality service but we do not guarantee either the quality of the service or that the service will be available at all times. From time to time faults in the service may occur. We will repair these faults in accordance with our agreed response times.
If you activate user controls, we do not accept responsibility if, due to a fault in our systems, we are unable to block websites you have elected to bar. Where this happens, we will rectify any fault as soon as we can.

For certain service options, we may take action to manage the network’s performance during periods where there is a high demand.

Using the service

If you use the service in any way that we consider is likely to be detrimental to the provision of the service or which may adversely affect other customer’s enjoyment of the service, we reserve the right to restrict or terminate your service immediately. If your machine has been infected by malware, or attempts to contact or access a malicious domain, we may take steps in our network to block access to that domain to protect you from possible criminal threats associated with that malware and to stop the spread of that infection.
Some service options have monthly usage allowances. If you go over your usage allowance, we will charge you for your additional usage and can move you to another service option that is better suited to your usage or end your agreement.
If we move you to another service option while you are still within your minimum period, the remainder of that minimum period will apply to your new service option.
If you have chosen to activate management controls you understand and agree that you will only use the supplier Domain Name Servers (DNS).

Our responsibility to you;

If you suffer a continuous total loss of the service at any time after we have provided it, we promise to put things right by midnight on the second weekday (not public and bank holidays) after you have reported the fault to us, unless a specific appointment date is agreed. We will treat a fault reported after 9pm on a weekday, or anytime at weekends or on a public or bank holiday, as if you reported the fault at 8am on the next weekday after the day you reported the fault to us.
By continuous total loss of broadband service we mean the inability to make a connection to the internet through our fibre/FWA broadband due to a fault in any part of our network up to and including the main router for your property.
If we do not do so, we will provide a daily rate rental credit for each whole or part day we are late in repairing the service. It is equal to the daily charge of your rental for each day that applies. The daily charge is the monthly rental charge (including VAT) X 12 divided by 365. You will not be entitled to a rental credit if the fault relates to your equipment you have bought from other suppliers.
You will need to contact us to claim the rental credit. We will take the amount we owe you off your next bill, unless you ask us to make a bank transfer. Unless we are negligent, our only responsibility is to pay you the rental credit as described above.
Where you set up management controls, you acknowledge that individual websites are categorised for barring by our third party supplier. We are not responsible in any way for how particular websites are categorised or your continued ability to access any websites not categorised for barring.

Deferred Payment for Equipment.

In some cases we will allow you to defer payment of the full price of the equipment we supply for use with the service. If you then end the service within 12 months of Airwave Communications accepting your order and you did not pay the full price of that equipment when you placed your order, then you will be liable to pay the balance – that is the price of the equipment as set out in any proposal, less any amount which you paid in advance when you placed your order, unless you end the service within the cancellation period. The deferred payment is no longer payable after you have received service for 12 months or more from the date that your order was accepted by Airwave Communications Limited.
Changes we may make

occasionally. We may have to interrupt the service, if we do so, we will restore it as quickly as we can. We may also make minor changes to certain technical specifications, including limits for transferring information which are associated with the service. We may also change usage allowances as set out in the Broadband Usage Policy.
Changes you can make.

You can upgrade to another service option that is delivered in the same way as your current service option at any time and any remaining minimum period of your current service option will be carried forward to your new service option.
If you upgrade to a service option that is delivered in a different way to your current service option, a new minimum period will apply and you’ll need to pay any applicable activation charge for that service option.
Except where you are moving premises, or we have changed your service option under paragraph 21 above, then for all other changes – including downgrades – a new minimum period will apply and any activation charge applicable to the service option you have chosen will be payable.
If you change service option, we have the right to move you to a different billing method.

Ending your agreement;

If you are using any value added services, applications or features which are free of charge, these will end on the day your agreement with us ends.
If you end your service or switch to another Broadband provider on a different network you will /may have to pay a cease charge by way of compensation to us. The cease charge is to cover loss to us only. You will not have to pay this charge in the event that you move premises and we are unable to provide the service at your new UK address. This charge is compensatory and is not subject to VAT.

Service Levels.

Our backhaul service operates with a service level agreement and as such, we can pass this guarantee onto our subscribers, they are:

Our uptime for fibre optic backhaul is 99.65%, 24/7, 365.
Our core equipment will be replaced as soon as possible in the event of failure.
For faults on our network, please email support@airwavecommunications.org or go to the contact us page on our website www.airwavecommunications.org During working hours, we promise to respond to a support ticket within four hours.

For escalated faults on service within our network, we aim to remotely resolve the service issues (where no equipment requires resolving) within 24 working hours.
Routers that are faulty and are supplied by us will be replaced as soon as possible , if fault is established before 1pm on a working day. Faults established after 1pm may take an additional day to obtain equipment.
Where we have mast issues and an engineer is required, our average on site time is 48 hours from a fault being established.
If an extended downtime is being experienced and it has been established that the fault lies with us, we may be able to provide alternative connection methods. More details of these options are available from your Account Manager at support@airwavecommunications.org

Airwave Communications Limited
Between 84-86,
Victory Road,
Derby,
DERBYSHIRE
DE24 8ER
GB