Fibre Broadband (FTTC) with Telephone Line Rental
Consumer Specific Terms and Conditions

Issue Date: 1st April 2018 Document Review Date: 1st April 2019

Document Version: V1.3

These Specific Terms and Conditions relate to the following products: -

  • Unlimited Home Fibre Powek (Rural)

  • Unlimited Home Fibre Pella (Extreme)

About Us
Dreckly Digital is a trading style of Dreckly Digital CIC (the “Company”) a company registered in England and Wales under number 10722118 whose registered address is at Calstock Village Hall, The Quay, Calstock, PL18 9QA.

Our main switchboard telephone number is 01822 669050. Office hours are 8.30AM to 5.30PM Monday to Friday. If you have a question or fault outside of these office hours you can submit a Technical Support ticket by emailing our Support Department at [email protected]

Our right to vary these specific terms and conditions
Dreckly Digital may revise these Terms and Conditions from time to time. An up to date copy of these Terms and Conditions can be found on our website http://drecklydigital.net
Whenever Dreckly Digital revise these terms and conditions, we will keep you informed and give you notice on your monthly Invoice/Bill in the section labelled, “Important Information”.

Definitions
Dreckly Digital, We, Us – means Dreckly Digital CIC.
Fibre Broadband (FTTC) service – The Fibre to the Cabinet service, also known as Very High Speed Digital Subscriber service is a service which provides a fibre optic connection to the Internet via the local telephone exchange to your local street cabinet and a copper cable connection from the cabinet to your Premises. Fibre Broadband (FTTC) service is provided in accordance with these Specific Terms and Conditions. For the avoidance of doubt, in respect to broadband services, we supply our Fibre Broadband (FTTC) service to/on the telephone number provided at sign up.
Telephone Line/Service – means the Telephone Line into your premises, also known as public switched telephone network (PSTN) line. For the avoidance of doubt, in respect to telephone service, we supply our telephone service/s on the telephone number provided at sign up or you will be allocated a new Telephone Number if you are having a new line installed or re-activated.
Minimum Cancellation Notice Period is 1 (one) calendar month to expire anytime on or after the Minimum Contract Period.
Minimum Contract Period is 12 (twelve) calendar months from the day of activation after which your service will be moved onto a 1 (one) calendar month rolling contract unless renewed.
Openreach – Openreach maintain and operate the UK’s Public Switched Telephone Network. Most communication providers are reliant on Openreach to provide their service to their end users.
You, Your and Yourself – refers to a customer of Dreckly Digital and end user of Dreckly Digital products and services.
Agreement – means these Specific Terms and Conditions. By placing an order for and using this service you agree, to and accept these Terms and Conditions.

The Service we provide
We will provide a Fibre Broadband (FTTC) and Telephone Service/s to your premises as specified by yourself at the time of registration/ordering subject to availability and local factors such as capacity and exchange availability.

Accepting Your Order
Before Dreckly Digital can accept your order for our Fibre Broadband (FTTC) service we need to check the service is available at your premises. To do this we carry out extensive checks on the national Openreach database. We call this an On-Net service search. If your property does not have an On-Net service capability, we may be able to place your order with a partner service provider to service your property, we call this an Off-Net service.
Additional checks we also carry out before we accept your order are:

  • availability of fibre broadband in your area;

  • your telephone line is in a fibre broadband enabled area;

  • line qualification indicates that a minimum line rate for the fibre broadband is likely to be achieved on your specific telephone line; and

  • there is spare capacity to your premises for a new/additional telephone line to be installed.


Rejecting Your Order
Your order with Dreckly Digital may be rejected for one or more of the following:
  • you do not have a current live BT or BTWholesale telephone line;

  • the telephone number provided is either invalid, stopped or is scheduled for cancellation;

  • the Openreach database indicates the line length to your premises is outside transmission limits for our Fibre Broadband (FTTC) service;

  • your telephone line is not within a fibre broadband service area;

  • your local telephone exchange currently exceeds available capacity;

  • your local street cabinet currently exceeds available capacity;

  • you have failed our address verification check and/or credit checking criteria;

  • we have been unable to contact you to confirm your order to carry out further identity and security checks; or

  • other reasons associated with providing our service.


Broadband (FTTC) Installation, Activation & Migration

Before Dreckly Digital accepts your order and provides you with an installation or activation date we may give you some advice and information. This may include informing you of any necessary remedial work that will need completing prior to the activation or installation of your new service. This may include but is not limited to:
  • where to locate your equipment and any necessary preparation required to receive our Fibre Broadband (FTTC) service. Normally Fibre Broadband (FTTC) service routers need to be located close to the Master Telephone Socket and an electrical plug socket. We recommend you DO NOT connect your broadband router into any telephone extension sockets or trailing telephone extension wires as this can cause interference and faults with the Fibre Broadband (FTTC) service;

  • any additional equipment you may need to receive/activate your service with us; and

  • any checks you may have to complete before the activation/installation date.

On the day of activation/installation you may be contacted by an Openreach engineer who may need to enter your property to install the requested service. We request that Openreach engineers call 30 (thirty) minutes before attending your property. If this is required Dreckly Digital will notify you at least 3 (three) working days in advance of the scheduled engineer visit. Dreckly Digital does not accept any lability for loss of business or loss of income incurred as a result of cancelled Openreach appointments or for appointments that an Openreach engineer does not attend.
Once your Fibre Broadband (FTTC) service is activated there is a chance that you may notice a slight change in the sound quality of connected telephony equipment such as Fax machines, modems and burglar alarm systems. This is normal and is not a fault with your Fibre Broadband (FTTC) service.
If you have a burglar alarm or care alarm connected to your telephone lines, please contact the supplier or maintenance provider before your Fibre Broadband (FTTC) service activation/installation to make sure the service is 100% compatible.
We use reasonable efforts to make sure your Fibre Broadband (FTTC) service is installed/activated on the scheduled date. However problems do occur from time to time and activation/installation dates cannot be guaranteed.
On the day your Fibre Broadband (FTTC) service is being activated you may lose the dial tone on the telephone line that you are having the service activated on. This is a normal process and does not mean there is a fault with your service.
If you are upgrading from Broadband (ADSL2+) to our Fibre Broadband (FTTC) service you also may lose internet connection for 24 (twenty four) hours. The existing equipment must be disconnected from your telephone line at the local telephone exchange and new equipment connected before the Fibre Broadband (FTTC) service can be activated. If you do lose your current internet service, please wait 24 (twenty four) hours and recheck the service before reporting a fault with our Fibre Broadband (FTTC) service.
Dreckly Digital cannot accept any liability for any costs, expenses, losses, damage or other liabilities (howsoever arising) which may be incurred as a result of the timing or delay in the activation/installation.
After activation, it can take up to 10 (ten) days for your Fibre Broadband (FTTC) service to stabilise. Fibre Broadband (FTTC) service is a rate adaptive service which means the speed of your connection may change over time and when the power to your broadband equipment is restored. It is advised that you do not unnecessarily interrupt the power to your broadband router or turn the power off when the service is not in use. Examples of actions we DO NOT RECOMMEND are turning off the power to you router when not in use such as when you go to bed or are away on holiday and unnecessary cycling the power to ‘reboot’ your router.

PLEASE NOTE: Supplied routers by Dreckly Digital are pre-configured and you should not factory reset the unit, using the reset button on the rear of the router, under any circumstances. If you the customer perform a factory reset, you will be responsible for returning the router to Dreckly Digital to have the configuration reapplied. Returns postage WILL NOT be refunded and a £12.00 (twelve pounds sterling) administration fee for re-programming your returned router will be charged to your account. Returned routers will be re-configured and returned to customers within 48 (forty eight) working hours of receipt however at busy times this is not always possible and is not guaranteed.

Routers provided as part of the activation or installation charge/fee, the title of ownership of the router is transferred to the customer after the initial Minimum Contract Period, and at that time you the customer own the router in its entirety.

Dreckly Digital actively monitors all Fibre Broadband (FTTC) service connections for faults and will often contact customers before they know they have a fault. For our systems to trend patterns with your Fibre Broadband (FTTC) service connection, you must keep your broadband router switched on and connected at all times.

Telephone Line (PSTN) Installation, Activation & Migration
Dreckly Digital will supply a Telephone Service to the telephone number supplied at sign up. Should you wish to change your Telephone Number, please notify Dreckly Digital during or immediately after the sign-up process. If Dreckly Digital is migrating your Telephone Service from another provider, it is sometimes not possible to keep your existing Telephone Number, if this is the case, Dreckly Digital will contact you before proceeding with the order. If Dreckly Digital is installing or activating a new Telephone Line at your premises, we will notify you of the new Telephone Number once your installation is completed. As standard Dreckly Digital block all International and Premium Rate numbers from being dialled from our Telephone Line products. This bar can be lifted, however Dreckly Digital reserve the right to ask for a non-interest bearing deposit of £500.00 (five hundred pounds sterling) in cleared funds before this bar is lifted.

Telephone Service - customer responsibilities
As a customer of Dreckly Digital, you are contractually libel for the following charges associated with our Telephone Line product/s:
  • all Openreach installation and engineer charges relating to the Telephone Line/s Dreckly Digital provide you;

  • all call charges to and from the Telephone Line/s we provide service on, even if you the contracted party did not make these calls;

  • any charges resulting in the use of any Telephone Line Select Services;

  • all equipment connected to the PSTN network must be free from any defects which could cause damage or interference with the Telephone Line and associated broadband product;

  • to make sure no damage is caused to the Network Termination Equipment (NTE) located within your premises;

  • not to use your Telephone Line to make nuisance or malicious calls;

  • not to use your Telephone Line to commit fraud or falsely represent yourself as someone else other than your given name on your birth certificate or marriage certificate or other official UK Government issued ID;

  • not to damage maliciously any physical Openreach equipment or wiring which will result in a fault being generated on the Telephone Line/s we supply service to; and

  • you agree not to use this Broadband (FTTC) and Telephone Line for Business purposes.


Broadband Service - customer responsibilities
You must take all reasonable precautions to ensure that no one (including you) uses the service:
  • fraudulently or in connection with a criminal offence; to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;

  • to cause annoyance, inconvenience or needless anxiety;

  • to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;

  • in any way which in our opinion is, or is likely to be, detrimental to the provision of the service to you or any of our customers;

  • in an unlawful manner, in contravention of any legislation, laws, licence or third party rights or in contravention of our and/or Carrier Acceptable Use Policies as may be amended from time to time; and

  • in a way that does not comply with any instructions that we have given you.

Service Level Agreement (SLA)
Currently there is no Service Level agreement (SLA) for Fibre Broadband (FTTC) services none are offered by Dreckly Digital.

Fibre Broadband (FTTC) /Line Rental Care Packages
Line Rental and Broadband Care Packages are available upon request for an additional monthly charge. These packages enable us to report faults with your service and get faster fault fixing by an Openreach engineer. Please contact us for up to date costs and product availability.

Home Moves
If you move home and no longer own or occupy the property you receive your Dreckly Digital (FTTC) and Telephone Service, you will need to terminate your contract with Dreckly Digital in writing or by calling our Customer Service team. When you terminate your contract with Dreckly Digital you may have an Early Termination Charge and/or a Cessation Fee to pay, please see the Duration and Termination section below for further information.
At the sole discretion of Dreckly Digital, the Early Termination Charge and/or Cessation Fee may be waived provided that the existing contracted service is available at your new address and you renew your contract for a further Minimum Contract Period at your new address. Please call us on 07545 872667 for more information and advice if you are considering moving home or office and to see what products and services are available at your new property.

Product Changes/Regrades
The speed of the Fibre Broadband (FTTC) service you receive can be changed subject to availability at your premises. You can only regrade to the next available faster or slower Fibre Broadband (FTTC). The price of the new product will apply from the date your service is changed. It is not possible to downgrade from Fibre Broadband (FTTC) service to Broadband (ADSL2+).
We charge a flat fee of £20.00 (twenty pounds sterling) per regrade your product to the next available faster or slower Fibre Broadband (FTTC) service product. Please contact us for more information about current costs.

Using your own router
If you use broadband equipment not supplied by Dreckly Digital or any equipment supplied by Dreckly Digital at your specific request, you should understand it may not be compatible with our Fibre Broadband (FTTC) service. It is your responsibility to ensure compatibility with our service and to support and maintain this broadband equipment. Dreckly Digital cannot offer any technical assistance with the setup, maintenance and fault diagnostics of equipment not supplied by Dreckly Digital or supplied by Dreckly Digital at your specific request nor accept any liability for damage or loss caused by the use of this broadband equipment including, but not limited to, damage to the telephone line, the telephone exchange or any other equipment at your address or located remotely owned by Dreckly Digital or any other third party.

Technical Support
Dreckly Digital provides all the equipment required which is pre-configured so that you can to receive our Fibre Broadband (FTTC) service. All equipment supplied by Dreckly Digital is covered by our Technical Support which includes, but is not limited to, a broadband router.
If you detect a fault with your Fibre Broadband (FTTC) service or you are suffering from performance issues you can report the fault by calling Technical Support on 01822 669050. Alternatively, if you still have internet access or access by some other means, then you can log a support ticket by email to our Support Department at [email protected] or on our website by visiting http://drecklydigital.net/contact

Duration and Termination
All Broadband (FTTC) and Telephone services have a Minimum Contract Period as defined above from the day of activation. You may end this agreement at any time before the Minimum Contract Period but you will be required to pay an Early Termination Charge and/or Cessation Charges. Please contact us on 01822 669050 to discuss your options.
As a Consumer, you may be able to cancel this agreement in accordance with the Distance Selling Regulations. This gives you the right to cancel this agreement in writing e.g. (a letter send by registered post, fax or e-mail). Requests MUST be received within 14 (fourteen) days of the date of your order being placed. Cancellation requests received outside this time frame will not be valid and will be refused. The following cancellation charges shall apply for orders which have yet to be activated/installed:





7 (seven) days or more before order activation/cancellation dateFREE OF CHARGE
6 (six) days to 2 (two) days before order activation/installation date£25.00 (twenty five pounds sterling)
1 (one) day before order activation/installation date or laterMinimum Contract Period Charges Apply
If you instruct Dreckly Digital to terminate your agreement and you do not move/migrate your service to another Internet Service Provider (ISP) a Cessation Fee of £40.00 (forty pounds sterling) will be charged. If you terminate your agreement with Dreckly Digital during the initial Minimum Contract Period there is an Early Termination Charge. The Early Termination Charge is equal to the sum of the unpaid amounts due during the Minimum Contract Period.
If Dreckly Digital or Openreach at any time deem that your Telephone Line is not capable of supporting the Fibre Broadband (FTTC) and/or Telephone service, we reserve the right to terminate the Fibre Broadband (FTTC) and/or service immediately without notice and issue a refund for any Fibre Broadband (FTTC) and/or Telephone service not provided. This includes but is not limited to:
  • the Telephone Line you wish to use or are using for fibre broadband is too far away from the telephone exchange to support the Fibre Broadband (FTTC) service;

  • the Telephone Line you wish to use for fibre broadband has a direct connection to the telephone exchange; and

  • the Telephone Line you wish to use or are using for broadband is of poor quality and cannot support the Fibre Broadband (FTTC) service data service.

Dreckly Digital reserves the right to move you onto a different product or wholesale provider at no additional cost to yourself, if, in our reasonable opinion, it would mean that your service would perform better and be of equivalent price to your existing product. We will contact you by email should this change result in an interruption of service.
You may cancel your contract within the first 90 (ninety) days of the Fibre Broadband (FTTC) service activation/installation if your line speed (sync) drops significantly at a rate of more than 25% (twenty five percent) over a 14 (fourteen) day period or your line speed (sync) is below the Downstream Handback Threshold for a consecutive period of more than 14 (fourteen) days. For more information on this and your Downstream Handback Threshold, please contact our Support Department on 07545 872667.
Without limiting its other rights or remedies, each party may terminate the Contract in respect of the Services with immediate effect by giving written notice to the other party if:
  • the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 (thirty) days of that party being notified in writing of the breach;

  • the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

  • the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

  • a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

  • the other party (being an individual) is the subject of a bankruptcy petition or order;

  • a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 (fourteen) days;

  • an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

  • a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

  • a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; or

  • the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.


Consequences of Termination
Should you cancel your contract with Dreckly Digital so that it ends before the Minimum Contract Period has expired, you will be required to return, in good working order and material condition, any equipment we have supplied even if this equipment was supplied to you as part of an activation charge paid at the time you place your order. However Dreckly Digital reserves the right to waive the requirement to return of any equipment at their sole discretion. Should the supplied equipment not be returned in good working order and material condition within 14 (fourteen) days after you cancel your service, except where the requirement to return equipment is waived, Dreckly Digital reserves the right to impose an Equipment Charge of £50.00 (fifty pounds sterling).
Any disconnection work of your service will take place at the local Telephone Exchange at which your Telephone Line is connected and not at your premises. An engineer will NOT attend your premises to terminate your service except in the care where line plant (the physical copper wire to your premises) needs to be recovered, where an Openreach engineer will need to attend your premises to complete the work. This would normally be standard practice for building site offices which are temporary structures or where a building is due to be demolished.

Pricing and Charges
All prices, except where explicitly stated, are quoted inclusive of VAT at the prevailing rate at the date the charge applies. Payment for services is by monthly Direct Debit on or around the bill due date specified on your bill. This is usually 7 (seven) days after the invoice issue date. Invoices are emailed to your registered email address on a monthly basis. A £5.00 (five pounds sterling) is charged for monthly paper invoicing and is only available upon request.
If a Direct Debit claim is rejected or is returned unpaid, an Administration Fee of £5.00 (five pounds sterling) will be charged to your next monthly invoice.
Should you instigate a Direct Debit Indemnity claim via your bank or building society, a £30.00 (thirty pounds sterling) charge per returned Direct Debit will be payable in the event your claim is unjustified. We will contact you by email or Telephone to discuss the Direct Debit Indemnity further with you. If you instigate a Direct Debit Indemnity Claim we will contact you by email or telephone to discuss the claim with you. If we are unable to contact you within 14 (fourteen) days our standard disconnection procedure will commence and you will be libel for all Early Termination fees/Disconnection Fees and Cessation fees.
Should you fail to make your monthly invoice payment on-time, by cleared funds, by the invoice due by date, Dreckly Digital reserves the right to charge 1% flat rate on the original invoice amount for each complete day cleared funds are not received and suspend services without warning.
For all customer types, if your service/s is disconnected due to non-payment and you wish for your services to be re-connected at the time you make payment, a Re-activation/Re-connection Charge of £120.00 (one hundred and twenty pounds sterling) will be charged per product which has been disconnected. Payment MUST be made in advance by Credit/Debit card or by BACS/Faster Payment before the re-activation of your services is processed. Disconnection fees cannot be added to your next monthly invoice.
Dreckly Digital reserves the right to make an “Aborted Visit Charge” of £120.00 (one hundred and twenty pounds sterling) if an Openreach engineer is:
  • refused entry to the premises;

  • the premises are not accessible;

  • denied entry despite you having agreed with us; or

  • denied entry despite third parties have access the premises.

Dreckly Digital will make a “Special Fault Investigation Charge” of £210.00 (two hundred and ten pounds sterling) in the event an Openreach engineer is called to repair a fault with your Broadband (FTTC) or Telephone service if the work to repair the fault:
  • includes work not already covered by these terms and conditions;

  • includes providing or rearranging services where standard Openreach charges do not apply or are not available;

  • includes changes to internal or external cabling or equipment not associated with the fault or service;

  • includes damage to external or internal cabling caused by the theft, loss or malicious damage, loss or removal of Openreach or Dreckly Digital equipment, or external environmental factors such as a lightning strike, electrical surge, water ingress or physical damage; or

  • is not possible where no fault is found with any Openreach service or equipment. This covers situations where no fault is found or the fault is found with non-Openreach equipment or Dreckly Digital supplied equipment.


Security
You must not share your username or password or Dreckly Digital account details with anyone. Your passwords are your responsibility, and must not be disclosed to any third party. This is also important for your own protection.


Data Protection

In order to provide you with your Broadband and Telephone Service, we need to share your personal details with our suppliers, including but not limited to, BT Openreach.
Our suppliers may write to or call you directly about any changes to your order fulfilment, about the repair of your Broadband and/or Telephone Service or to confirm the time of their Engineers’ arrival for appointments.
Both we and our suppliers will comply with the Data Protection Act with regards to any data we hold about you.

Bribery Policy
Dreckly Digital Directors, Officers, and Employees, directly or indirectly, WILL NOT offer, promise or pay any bribes or other improper payments for the purposes of promoting Dreckly Digital products and services to any individual, corporation, government official or agency, or other entity. No gift, benefit or contribution in any way related to Dreckly Digital or the sale of Dreckly Digital products and services shall be made to political or public officials or candidates for public office or to political organisations, regardless of whether such contributions are permitted by local laws.

Force Majeure
Dreckly Digital shall not be liable for any failure to perform due to causes beyond its control, including but not limited to fire, flood, earthquake, explosion, accident, acts of public enemy, terrorism, cable theft, world war, civil war, rebellion, insurrection, sabotage, epidemic, quarantine, labour disputes or shortages, transportation embargoes, carrier or third part supplier failures and delays, inability to secure raw materials or machinery, acts of God or government and any such event of force majeure affecting Dreckly Digital third-party suppliers, judicial action, failure in the Public Switched Telephone Network, Distributed Denial of Service (DDOS) attack or catastrophic Core Network Failure.

Severability
If any provision or term of this Agreement shall be declared void, invalid, or illegal, the validity or legality of all other provisions of the Agreement shall not be affected thereby.