InternetTY Ltd

OFNL Residential Broadband General Terms of Service

These General Terms of Service (“Terms”) may be updated from time to time. Where we make an important or material change to your Agreement, we will notify you in accordance with these Terms and any applicable legal or regulatory requirements. Certain prices, third-party charges, OFNL procedures, support arrangements and operational information referred to in these Terms may also be subject to change from time to time.

These Terms replace and substantially revise the previous OFNL General Terms, including the previous provisions covering cancellation, moving home, equipment, billing, engineer charges, support, business services and wayleave.

ABOUT US

Your Agreement is with InternetTY Ltd, a company incorporated in England and Wales with company registration number 09157094.

Our registered office is:

InternetTY Ltd
Unit 1E, Harrier Road
Barton upon Humber
North Lincolnshire
DN18 5RP

In these Terms, “InternetTY”, “we”, “us” and “our” mean InternetTY Ltd.

YOUR AGREEMENT WITH INTERNETTY

Your Agreement with InternetTY consists of:

these General Terms;
your Order Confirmation, Order Form or other written confirmation of the Service you have ordered;
any applicable Offer Terms;
any applicable Price Guide; and
our Privacy Policy and Fair and Acceptable Use Policy.

Your Order Confirmation will normally set out your chosen Service, monthly price, Minimum Term, applicable equipment arrangements and any additional services or offers.

Where specific terms in your Order Confirmation or applicable Offer Terms differ from these General Terms, the specific terms relating to your order will take precedence to the extent of that difference, unless prohibited by law.

Current information about our Services is available on the InternetTY website.

Becoming an InternetTY Customer
Cooling-off Period
Service Installation and Setup
During Your Agreement
Equipment
Paying for Your Services
Failure to Pay
Maintaining Your Service and Reporting Faults
Our Responsibility to You and Service Levels
Your Information and Contacting Us
Ending Your Service
Migrating to Another OFNL Provider
Moving Home
After Your Agreement Ends
Parties, Terms and Law
Glossary

1. BECOMING AN INTERNETTY CUSTOMER

1.1

You are becoming a customer of InternetTY Ltd for the provision of broadband Services using the Open Fibre Networks Limited (“OFNL”) network.

InternetTY is your Internet Service Provider. OFNL operates the access network over which your OFNL Service is delivered.

1.2 Eligibility

You must be at least 18 years old and legally able to enter into this Agreement.

The address stated on your order is the address at which the Service will be provided.

Your Agreement cannot be transferred to another person or property unless we expressly agree otherwise.

1.3 Property permission and access

You must be entitled to order the Service at the property.

Where you are not the property owner, you are responsible for obtaining any permission reasonably required from the owner, landlord, managing agent or other relevant party.

You must provide reasonable access where this is required to install, activate, maintain, investigate, repair or cease the Service.

1.4 Agreement and Minimum Term

Your Agreement is formed when we accept your order.

Your statutory 14-day cooling-off period begins on the date you place your order, unless a longer period is specifically stated in applicable Offer Terms.

Your Minimum Term does not begin on the order date. It begins on your Service Activation Date, unless your Order Confirmation expressly states otherwise.

Your Service Activation Date is the date on which your InternetTY broadband Service is activated.

1.5 Order Confirmation

When you join InternetTY, we will confirm the details of your order. This may include:

your selected Service;
your monthly charge;
your Minimum Term;
any Offer Terms or fixed-price guarantee;
any additional services;
equipment supplied or purchased;
applicable activation, installation, delivery or other charges; and
any other important conditions applying to your order.

1.6 One-off and optional charges

Connection, activation, installation, delivery, equipment and other one-off charges may apply.

Where they apply, we will tell you about them as part of the ordering process or in the applicable Order Confirmation, Offer Terms or Price Guide.

Applicable charges and optional service prices may be subject to change from time to time.

2. COOLING-OFF PERIOD

2.1 Your right to cancel

You have a statutory right to cancel your Agreement during the 14 days beginning on the date you place your order, unless a longer cooling-off period applies.

This is separate from any other cancellation rights you may have.

2.2 Activation during the cooling-off period

You may ask us to begin providing your Service before your cooling-off period expires.

Requesting or accepting early activation does not remove your right to cancel during the remainder of your cooling-off period.

If your Service has been activated and you subsequently exercise a valid cooling-off right, you must pay for the Service supplied between your Service Activation Date and the date the Service ends.

You will not be charged an Early Termination Charge for a valid cancellation made under your statutory cooling-off rights.

2.3 Equipment

If you cancel during your cooling-off period, any InternetTY-owned equipment supplied to you must be returned in accordance with Section 5.

Equipment that you purchased outright from InternetTY belongs to you and does not need to be returned unless otherwise expressly agreed.

2.4 Recontracts and package changes

Where the transaction being cancelled is a renewal, package change or add-on to an existing Service, we may, where reasonably possible, restore your previous package or Agreement.

If that is no longer technically or commercially available, we will discuss the available options with you.

3. SERVICE INSTALLATION AND SETUP

3.1 OFNL network

Your Service is supplied using fibre infrastructure operated by OFNL.

Installation and activation requirements are therefore subject to OFNL's applicable network processes and technical requirements, which may change from time to time.

3.2 Installation and Service Demarcation Points

OFNL may use an external Installation Demarcation Point and an internal Optical Network Terminal (“ONT”) as part of the fibre installation.

The ONT is the point at which the OFNL fibre service is normally presented within the premises.

You are responsible for your own router, devices, internal Ethernet/network equipment and other customer equipment connected beyond the applicable Service Demarcation Point.

3.3 Installation times

We will work with OFNL to progress your order as quickly as reasonably possible.

Any estimated installation or activation date is an estimate unless we expressly confirm otherwise.

Installation may depend on OFNL, property readiness, network availability, access, developer or landlord arrangements, permissions, engineering work and other matters outside InternetTY's direct control.

3.4 Access

You must ensure reasonable access to the property and relevant equipment where required.

If an installation route is blocked, unsuitable or unavailable, OFNL may require an alternative installation route or location.

3.5 OFNL installation

Installation work relating to the OFNL network will be undertaken or managed by OFNL or its authorised contractors.

For new-build properties, aspects of the installation may already have been agreed between OFNL and the developer.

For other properties, additional permission or installation work may be required.

3.6 Wayleaves, landlord permission and property rights

Where a wayleave, landlord consent, access agreement or other property permission is required in connection with the OFNL network, this will be subject to OFNL's applicable requirements and any agreement required with the property owner or other authorised party.

By purchasing an OFNL broadband Service from InternetTY, you do not grant InternetTY a permanent wayleave over your property merely by entering into this Agreement.

3.7 Activation

OFNL activations are normally carried out remotely.

Where activation cannot be completed remotely, OFNL may need to investigate or arrange an engineer appointment.

3.8 Waived setup or activation charges

Where an installation, activation, connection or setup charge has been waived or discounted as part of an offer, the applicable Offer Terms may provide for some or all of that charge to become payable if the Service is subsequently cancelled.

Any such charge and the circumstances in which it applies will be stated in your Order Confirmation, Offer Terms or applicable Price Guide.

4. DURING YOUR AGREEMENT

4.1 Service availability

We do not guarantee that a Service can be supplied until the necessary availability checks have been completed and OFNL has accepted and/or completed the required provision.

If the Service cannot reasonably be supplied, we may cancel the order. Any charges paid in advance for a Service we cannot provide will be refunded as appropriate.

4.2 Previous broadband provider

Do not cancel an existing broadband service prematurely unless you are satisfied that you no longer require it.

Where a regulated switching process such as One Touch Switch applies, the switching process may manage aspects of the transfer.

Where a provider or service is not supported by the applicable switching process, or matching fails, you may need to contact the previous provider yourself.

InternetTY is not responsible for charges from another provider caused by you retaining a separate service with them.

4.3 Using the Service

Residential Broadband Services are intended primarily for domestic use and are subject to our Fair and Acceptable Use Policy.

Home working or incidental business use does not convert a Residential Broadband Service into a Business Broadband Service and does not provide a Business SLA.

4.4 Restrictions and misuse

You are responsible for the use of your Service by people using your connection.

You must not use the Service unlawfully, fraudulently, abusively or in a manner that materially harms our network, OFNL's network, other users or the provision of our Services.

We may take proportionate action to protect our Services and networks where we reasonably believe misuse, security threats, malware or other harmful activity is occurring.

4.5 Third-party content

You are responsible for ensuring that your use of material obtained through the Internet complies with applicable copyright and other laws.

4.6 Broadband speed

We aim to supply the broadband product speed that you have purchased.

For the relevant network measurement, we aim to deliver the purchased speed between the InternetTY Exchange Point and the OFNL Network Handover Point within a 20% tolerance.

The performance experienced on individual devices, particularly over Wi-Fi, may be lower for reasons unrelated to the underlying broadband Service.

4.7 Factors affecting speed

Performance within your premises can be affected by:

whether you use Ethernet or Wi-Fi;
the capabilities of your router and devices;
Wi-Fi interference;
distance and physical obstructions;
the number of devices using the connection;
internal cabling and networking; and
the performance of third-party websites, applications or services.

For fault and speed investigation, we may require you to perform tests using a suitable device connected by Ethernet.

4.8 Persistent speed problems

If you consistently receive speeds below the product speed you purchased, please contact us so that we can investigate.

The 20% network tolerance referred to above is our normal delivery expectation and is separate from the cancellation threshold described below.

If, within the first 30 days following activation, and after you have completed reasonable troubleshooting and followed our recommendations, the speed being delivered at the relevant network measurement point remains consistently more than 50% below the advertised average speed of the product you purchased, you may end the Agreement without an Early Termination Charge.

You remain responsible for charges for the Service actually supplied before termination.

4.9 Changes requested by you

If you ask us to change your Service, we will tell you whether the requested change is available and any effect it will have on your price, Minimum Term or other conditions before proceeding.

4.10 Changing tariff during your Minimum Term

If you wish to change your broadband package during your Minimum Term, the packages and tariff options available to you will normally be determined by the products, prices and terms available when you entered into your current Agreement or most recently renewed it.

A new package, promotion, speed tier or tariff introduced after your current Agreement began does not automatically become available to you during your existing Minimum Term.

You may change to an eligible package associated with your current Agreement where that option is available.

4.11 Early renewal

You may contact us to discuss renewing your Agreement before your existing Minimum Term ends.

Early renewal is not guaranteed and may not always be possible.

Where we agree to an early renewal, any outstanding commitment or other applicable liability relating to your existing Agreement must first be dealt with or otherwise agreed with InternetTY.

We will explain the available package, applicable charges and new Minimum Term before you agree to renew.

4.12 End of Minimum Term

Your Service does not automatically end when your Minimum Term expires.

Unless you renew or enter into a new Minimum Term, your Service will continue on a rolling basis at the applicable price and on the applicable terms until it is terminated by you or us in accordance with this Agreement.

4.13 Changes to Terms, Services and charges

These Terms, our Services, charges and operational arrangements may be subject to change from time to time.

Where we make a material change to your Agreement or change a price in circumstances requiring advance notice, we will provide at least 30 days' notice, unless a different period or process is required or permitted by applicable law or regulation.

Where a change gives you a legal or regulatory right to leave without an Early Termination Charge, we will tell you about that right and how to exercise it.

Changes which are solely administrative, are required by law or regulation, or do not materially disadvantage you may be dealt with in accordance with the applicable legal and regulatory requirements.

4.14 Price guarantees

Where your Order Confirmation or Offer Terms include a fixed-price guarantee, the core monthly broadband price will not be increased during the stated guaranteed period, except where a change is required by law, taxation or regulation and may lawfully be passed on.

Where no fixed-price guarantee applies, prices may be changed subject to the notice and customer rights applicable at the time.

After your Minimum Term ends, your Service may move to or remain on the applicable out-of-contract/current price, subject to any required notice.

4.15 IP addressing

InternetTY Residential Broadband Services use Carrier Grade NAT (CGNAT) and IPv6 DHCP by default.

A static IPv4 address may be available as a chargeable optional service.

The price and availability of static IP services may change from time to time.

IP addresses are allocated for use with the Service and are not transferred into your ownership. We may change an allocated IP address where reasonably required for technical, operational, security or network reasons.

5. EQUIPMENT

5.1 Using your own equipment

You may use your own compatible router with an InternetTY OFNL Residential Broadband Service.

We cannot guarantee the operation or performance of third-party equipment and are not responsible for faults caused by equipment we did not supply.

5.2 InternetTY-owned equipment

Equipment supplied free of charge by InternetTY for the purpose of providing your connection remains the property of InternetTY Ltd.

Your Order Confirmation or other written confirmation may identify equipment supplied on this basis.

5.3 Equipment purchased by you

Equipment which you purchase outright from InternetTY becomes your property and does not need to be returned when your Service ends, unless otherwise expressly agreed.

5.4 Care of InternetTY equipment

You must take reasonable care of InternetTY-owned equipment and follow reasonable instructions relating to its installation, use, software updates and security.

Fair wear and tear is acceptable.

You may be responsible for loss or material damage caused by misuse, neglect or deliberate or accidental damage.

5.5 Software and firmware

Software or firmware in InternetTY-supplied equipment may be updated from time to time to maintain or improve security, compatibility, performance or Service functionality.

Where updates are managed by us, you must not deliberately prevent them.

5.6 Equipment faults

If InternetTY-owned equipment develops a fault, please contact us.

We may troubleshoot, repair or replace the equipment as appropriate.

Replacement equipment may be new or professionally refurbished/as-new equipment.

Damage caused by misuse, accidental damage or circumstances outside the applicable warranty may be chargeable.

5.7 Returning InternetTY-owned equipment

When your Service ends, InternetTY-owned equipment must be returned at your cost to:

InternetTY Ltd
Unit 2A, Harrier Road Industrial Estate
Barton upon Humber
DN18 5RP

Equipment should be returned in reasonable condition, allowing for fair wear and tear.

We recommend using a suitable tracked delivery service and retaining proof of postage.

5.8 Non-return charges

When your Service terminates, a non-return charge may be raised on your account for InternetTY-owned equipment.

The charge will show as becoming due 14 days after the effective termination date.

If the relevant equipment is received by InternetTY within those 14 days, the corresponding non-return charge will be cancelled or credited and will not be payable.

If the equipment has not been returned within 14 days, the charge becomes payable.

Current residential non-return charges are:

Router: £75 + VAT (£90 including VAT) per router
Mesh pod: £56 + VAT (£67.20 including VAT) per pod

These equipment replacement/non-return charges are subject to change from time to time. The applicable charge will be the charge notified to you or shown in the applicable Price Guide.

Purchased equipment does not attract a non-return charge because it belongs to you.

5.9 Replacement and upgraded equipment

Where InternetTY replaces or upgrades InternetTY-owned equipment, we may require the old equipment to be returned.

Failure to return InternetTY-owned replacement, faulty or superseded equipment when requested may result in the applicable non-return charge.

6. PAYING FOR YOUR SERVICES

6.1 Responsibility for charges

You are responsible for charges incurred under your Agreement, including charges arising from use of the Service by people whom you allow to use it.

6.2 Monthly charges

You must pay the monthly charge for your Service throughout your Minimum Term and afterwards while the Service remains active.

Monthly Service charges are normally billed in advance unless we tell you otherwise.

6.3 Invoices and due dates

We normally generate your invoice 7 days before its stated due date.

Your invoice is payable on the due date shown on the invoice.

6.4 Payment methods

Payment is normally made by Direct Debit or another payment method accepted by InternetTY.

A £1.50 failed Direct Debit fee may apply where a Direct Debit payment fails.

A manual payment processing charge of £5.00 applies to payments made by bank transfer where applicable.

Paper copies of historic bills may be supplied for £3.50 per bill.

These administrative charges may be subject to change from time to time and the current applicable charges will be communicated by us or set out in the Price Guide.

6.5 VAT

Where VAT applies, charges will include VAT unless expressly stated otherwise.

6.6 Offers

If your Service is subject to Offer Terms, the offer will apply for the period stated.

At the end of an offer or fixed-price period, the applicable price will be determined by your Order Confirmation, Offer Terms and/or the applicable Price Guide.

6.7 Billing disputes

If you believe an invoice is incorrect, contact us promptly so that we can investigate it.

You remain responsible for any undisputed amounts.

7. FAILURE TO PAY

7.1 Overdue accounts

If payment has not been received by the stated due date, we may contact you to request payment.

7.2 Restriction after five days

If payment remains outstanding 5 days after the due date, we may restrict your Service.

Service charges continue while the Service is restricted. Restriction does not pause your Agreement, Minimum Term, notice period or monthly charges.

7.3 Late-payment charge

A 10% late-payment fee may be applied to the overdue amount in accordance with our applicable billing policy.

7.4 Further charge after ten days

If payment remains outstanding 10 days after the due date, a further £12 late-payment/administration fee may be applied.

7.5 Continued non-payment

If an account remains unpaid, we may suspend or terminate the Service and may refer the outstanding balance for debt recovery.

You may also be responsible for reasonable debt-recovery costs where legally recoverable.

7.6 Cancelling a Direct Debit

Cancelling your Direct Debit does not cancel your InternetTY Service or constitute notice to terminate your Agreement.

You must arrange an alternative method of payment and separately follow the applicable cancellation process if you wish to end your Service.

7.7 Charges

Late-payment, failed-payment and administrative charges may be subject to change from time to time, subject to applicable law and any required notification.

8. MAINTAINING YOUR SERVICE AND REPORTING FAULTS

8.1 Support

Our current Customer Experience and Technical Support hours are:

Weekdays: 8am–10pm
Weekends and Bank Holidays: 9am–7pm

Telephone: 0333 102 0000
Email: team@internetty.uk

Our support hours may be subject to change from time to time. Current details will be published through our usual customer information channels.

8.2 24/7 fault reporting

Faults may be reported 24 hours a day, 7 days a week.

Service-status information is also available through status.internetty.uk.

The ability to report a fault 24/7 does not mean that investigation, engineering work or repair is available 24/7.

8.3 OFNL support availability

Some faults require assistance, investigation or action from OFNL.

OFNL's current support availability is:

Working days: 9am–5pm
Saturday: 9am–12pm
Sundays and Bank Holidays: unavailable.

These are OFNL's current arrangements and are subject to change from time to time by OFNL.

Where OFNL assistance is required, its availability, response times and engineering processes may affect how quickly InternetTY can investigate or resolve your fault.

8.4 Troubleshooting

We will use reasonable efforts to identify the cause of a reported issue.

We may ask you to carry out troubleshooting, restart equipment, check cables, perform Ethernet tests or temporarily disconnect third-party equipment.

Your reasonable cooperation helps us determine whether the issue lies with the broadband Service, OFNL infrastructure, InternetTY-supplied equipment, your internal network or your own devices.

8.5 Wi-Fi

Wi-Fi is affected by the construction and layout of the property, interference, distance, connected devices and device capabilities.

A Wi-Fi speed or coverage issue does not necessarily indicate a fault with the underlying broadband Service.

For this reason, we may require a wired Ethernet test when investigating speed or performance.

8.6 Engineer visits

Where an OFNL engineer visit is required, the appointment is subject to OFNL's availability and procedures.

Where reasonably possible, we will tell you about any known potential charge before arranging the appointment.

OFNL determines whether an engineer visit is chargeable.

Where OFNL charges InternetTY for an engineer visit, failed appointment or related engineering work, we will pass that charge on to you in full where you are responsible for that charge.

8.7 Chargeable engineer circumstances

OFNL may charge for a visit in circumstances including:

an incorrect address being provided;
the engineer being unable to gain access;
no authorised person aged 18 or over being present where required;
agreed prerequisites not having been completed;
no network/service fault being found;
the reported fault being caused by customer equipment, internal networking or cabling;
a late cancellation;
a missed appointment;
damage for which the customer is responsible;
the issue having already been capable of resolution using troubleshooting instructions provided; or
the customer deciding not to proceed after the engineer has attended.

8.8 Current OFNL engineering charges

OFNL's current charges notified to InternetTY include:

Missed/failed appointment: £95
Engineer appointment during working hours: £45 per hour
Weekend/out-of-hours engineer appointment: £65 per hour

These are OFNL charges, not fixed permanent InternetTY tariffs, and are subject to change from time to time by OFNL.

Where OFNL changes the amount it charges InternetTY, the corresponding amount passed through to the customer may also change.

8.9 Customer-side faults

Where investigation establishes that the fault is on the customer side of the applicable Service Demarcation Point, or is caused by customer equipment, the customer is responsible for resolving it and for applicable OFNL charges.

8.10 Planned and emergency work

Where reasonably possible, we will provide advance information about planned work likely to materially affect your Service.

Advance notice may not be possible for emergency maintenance, unplanned outages or circumstances outside our reasonable control.

9. OUR RESPONSIBILITY TO YOU AND SERVICE LEVELS

9.1 Reasonable skill and care

We will provide our Services with reasonable skill and care.

Our ability to provide an OFNL Service depends in part upon OFNL and other third-party networks and suppliers.

9.2 Residential fault repair

Residential Broadband Services are provided on a best-efforts fault repair basis.

They do not include a guaranteed repair time or InternetTY Business Service Level Agreement unless expressly stated otherwise in your Order Confirmation.

9.3 Working from home

Using a Residential Broadband Service for home working, remote working, self-employment or other business-related activity does not convert the Service into a Business Broadband Service.

It does not entitle you to Business fault-repair times, Business SLA provisions or Business compensation arrangements.

9.4 OFNL Business services

Where a customer has specifically subscribed to a verified OFNL Business product or service that includes next-business-day maintenance, the applicable Business maintenance commitment will apply in accordance with that product's specific terms.

Where a subscribed Business product has a different or enhanced SLA stated in its Order Confirmation, Service Schedule or applicable Business Terms, those specific terms will take precedence.

References to Business SLA arrangements in these General Terms do not grant a Business SLA to Residential Broadband customers.

9.5 Residential loss-of-service compensation

InternetTY does not operate a guaranteed residential loss-of-service compensation scheme under these Terms.

Where a qualifying residential fault or loss of service is referred to OFNL and OFNL approves or provides a service credit or compensation to InternetTY in respect of that fault, InternetTY will pass the applicable credit or compensation on to the affected customer.

Any such compensation or credit is subject to OFNL accepting the claim and determining that it qualifies under its applicable policy.

OFNL's compensation arrangements may be subject to change from time to time.

9.6 Matters outside our control

We are not responsible for failures caused by matters outside our reasonable control, including faults in third-party networks, customer equipment, power failures, property damage or other circumstances which InternetTY could not reasonably prevent.

9.7 Alternative connectivity

Unless required by law or expressly agreed otherwise, we are not responsible for the cost of alternative Internet or telecommunications services you choose to use during a Service interruption.

9.8 Liability that cannot be excluded

Nothing in this Agreement excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights that cannot lawfully be excluded.

10. YOUR INFORMATION AND CONTACTING US

10.1 Accurate information

You must provide accurate information and keep your account and contact information up to date.

You may be responsible for reasonable additional costs caused by materially incorrect information supplied by you which we reasonably act upon.

10.2 Data protection

Our Privacy Policy explains how we collect, use, retain and protect personal information.

10.3 Complaints

If you have a complaint, please contact us.

Our applicable complaints procedure and Code of Practice explain how complaints are handled and any escalation routes available.

10.4 Contacting InternetTY

You can currently contact us using:

Telephone: 0333 102 0000
Email: team@internetty.uk
Live chat: via our website
Post: Customer Services, InternetTY Ltd, Unit 1E Harrier Road, Barton upon Humber, DN18 5RP

Contact methods and operational information may be subject to change from time to time. Current information will be published through our usual customer channels.

We may monitor or record calls and online conversations for quality, training, security, compliance and dispute-resolution purposes in accordance with applicable law and our Privacy Policy.

10.5 Communications from us

We will normally communicate important information using the email address associated with your account.

You are responsible for keeping your contact details current and for checking communications sent to the contact details you have supplied.

11. ENDING YOUR SERVICE

11.1 Normal customer-requested cancellation

If you ask InternetTY to cease your OFNL Service, you must give us a minimum of 30 days' notice.

This applies whether:

you are within your Minimum Term;
you are outside your Minimum Term; or
you are moving home.

This 30-day cease process is separate from a provider-led migration to another OFNL provider, which is dealt with in Section 12.

11.2 Charges during the notice period

Your Service remains chargeable during the 30-day notice period.

If you are outside your Minimum Term, you must pay the normal Service charges through to the effective termination date.

If your Minimum Term expires during the 30-day notice period, you remain responsible for normal Service charges through to the effective termination date.

11.3 Cancellation within the Minimum Term

If your effective termination date falls before your Minimum Term expires, an Early Termination Charge will normally apply unless you have a contractual, statutory or regulatory right to terminate without one.

The Early Termination Charge represents the applicable liability associated with ending your contractual commitment early.

Where an Early Termination Charge applies, we will not separately charge the same period twice as both a notice-period liability and an Early Termination Charge.

11.4 Payment and submission of the OFNL cease

When you request cancellation, we will calculate the applicable notice-period charges and any Early Termination Charge.

Where payment is required before we can submit the final cease request to OFNL, we will tell you the amount due.

Failure to make a required payment may delay our ability to submit the cease to OFNL. If the Service consequently remains active beyond the intended termination date, further Service charges may become payable while the Service remains active.

This does not remove any statutory or regulatory cancellation rights which apply to you.

11.5 How to give notice

You may contact InternetTY using the cancellation methods we make available from time to time, including the applicable account-management facility or by contacting our Customer Experience Team.

We will confirm the cancellation and effective termination date.

11.6 Cancelling because of changes

Where we make a change that gives you a statutory or regulatory right to terminate without an Early Termination Charge, we will tell you:

what is changing;
when the change takes effect;
whether you have a right to leave without an Early Termination Charge; and
the period and method for exercising that right.

11.7 Suspension or termination by InternetTY

We may restrict, suspend or terminate the Service where reasonably necessary because:

charges remain unpaid;
we reasonably believe false or misleading information has been provided;
the Service is being used unlawfully or fraudulently;
there is serious or repeated breach of our Fair and Acceptable Use Policy;
use of the Service creates a material security or network risk;
you materially breach this Agreement and fail to remedy that breach where it is capable of remedy;
OFNL or another necessary supplier can no longer provide the underlying service;
continued provision becomes technically impossible; or
we are required to do so by law or a regulator.

Where reasonably possible and appropriate, we will give advance notice.

Immediate action may be required where there is suspected fraud, security risk, unlawful activity, danger to a network or another serious risk.

12. MIGRATING TO ANOTHER OFNL PROVIDER

12.1 Migration is different from cancellation

If you choose to move your broadband Service from InternetTY to another provider operating on the OFNL network, the transfer is handled using OFNL's migration procedure.

This is different from asking InternetTY to cease the Service under Section 11.

12.2 OFNL migration period

OFNL currently operates a 14-day migration process.

This period is determined by OFNL and is subject to change from time to time.

InternetTY does not control or guarantee OFNL's migration timeframe.

12.3 Charges during migration

Your InternetTY Service will normally remain active during the migration period.

The period during which the Service remains active with InternetTY is chargeable and payable, including the applicable period up to the effective migration date.

12.4 Migration outside your Minimum Term

If you are outside your Minimum Term, we will calculate the charges due up to the effective migration date.

Any outstanding amount required to cover the applicable migration period must be paid before the migration completes.

12.5 Migration during your Minimum Term

If you migrate to another OFNL provider before your Minimum Term expires, the migration will trigger the applicable Early Termination Charge, unless you have a statutory, regulatory or contractual right to migrate without one.

When we receive the migration request, we will notify you that it has been received and advise you of the applicable Early Termination Charge.

The Early Termination Charge becomes payable 3 days after we receive the migration request and notify you of it.

You also remain responsible for any other properly chargeable amounts due under your Agreement.

12.6 Unauthorised migration

We will normally notify you when we receive a request to migrate your Service.

If you did not request or authorise the migration, you should contact us immediately.

12.7 Switching regulations

Nothing in this Section is intended to prevent or restrict a switching or migration right provided to you by applicable law or regulation.

Where a mandatory regulated switching process applies, that process will take precedence to the extent required by law or regulation.

Categories