Terms & Conditions
Our commitment to providing quality service and clear expectations
These Terms and Conditions of service may be updated by us from time to time so please check the Pine Media website regularly. Orders are subject to Pine Media's General Terms and Conditions below which includes your grant of a permanent Wayleave under the Electronic Communications Code to permit the Company to place apparatus on your property and to keep it there. Services are provided subject to Pine Media's Acceptable Use Policy which can be found at www.pinemedia.net/fair-use-policy/
Key Facts
Service Establishment:
0.1 Service orders for broadband (GIG/GLO) are typically fulfilled within 10 working days. Dates the customer chooses are preferred dates which We will endeavour to meet, however these may change due to factors outside of our reasonable control, if changes occur We will notify the Customer in good time and offer alternatives.
0.2 Service pre-orders will be fulfilled within 12 months unless otherwise agreed.
Order Cancellation:
0.3 A Service order or pre-order may be cancelled at any time during a period of 14 days from the date of order confirmation, without charge, unless we have already commenced activation of the Service.
0.4 Orders cancelled outside of the 14 days, or if we have commenced activation of the Service, will be charged according to Our costs incurred, limited to the total contract value, plus the value of any cancelled Government grants you may have applied for and which will be lost.
0.5 Service activation typically commences on the day your order is placed and after this point a minimum cancellation charge of £10 applies which represents our administration costs and, either our delivery planning in the case of GIG services, or Openreach's cancellation charge in the case of GLO products.
Appointment Cancellation:
0.5 An installation or fault appointment may be cancelled at any point up until 15:00 on the working day before the appointment date. Appointments cancelled after this time are subject to an appointment cancellation charge. An appointment is classified as cancelled if a) You inform us of cancellation after 15:00 on the working day before b) You inform our engineer you wish to cancel for any reason c) You are not present during your appointed time-slot. In the unlikely event we are physically unable to install to any location within your property within the appointed time, we will fail the appointment at no cost to you.
0.6 Appointment cancellation charges for the sake of simplicity and fairness are the same as BT Openreach's order cancellation charge, which is currently £114.78. This charge is compensatory and not subject to VAT.
0.7 Once connected, charges are payable in advance and prices are in GBP. Services have an initial minimum service period starting from the day service is delivered or from when you ask us to renew your contract; this period varies by product and will be shown at the point of order. After the minimum service period, the service will continue on a rolling monthly basis at the prevailing standard rates. Customers have the option to renew their service under any of our current packages, such as 12- or 24-month term plans, to access our best pricing available. One month's notice of cancellation in writing is required to terminate.
Parties
(1) Pine Media Limited is a company incorporated in England under Company registration number 09571618 whose registered office is Pine Media, Belgravia House, 115 Rockingham Street, Sheffield, England, S1 4EB referred to as ("Company or we/us"); and
(2) The Customer being the customer as defined by the customer details completed on the Service Order Form referred to as ("the Customer, they or you").
1) Definitions and Interpretation
'Agreement' the terms and conditions set out in this document, together with all the details set out in any contract document the Company may ask the Customer to sign.
'Confidential Information' is all information identified as such by the disclosing party in writing together with all such other information which relates to the business affairs, finance, products, data, software programs, specifications, documentation, software listings, source or object code, developments, pricing terms, trade secrets, know how, personnel, customers and suppliers of the other party, together with all information which may reasonably be regarded as the confidential information of the disclosing party.
'E-Billing' means an on-line or email process for sending out or accessing invoices and charges by the Customer for the Services.
'Initial Term' means a period of 18 months unless otherwise stated on Service Order Form.
'Intellectual Property Rights' means any patents, trade marks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing copyright, database rights, know-how, trade or business names and other similar rights or obligations, in any country (including, but not limited to, the UK).
'Products and Service(s)' means all equipment, software or services which are detailed on the Service Order and/or which are supplied to the Customer by the Company under this Agreement including any new, extra or substitute Products or Services which the Company agrees to supply to the Customer at a later date.
'Product Terms' means any additional terms and conditions that apply to specific product and services and are referred to on the Service Order.
'Service Order' means the completed Pine Media Service Order Form signed or completed online by a Customer and submitted to the Company.
'Service Level Agreement or SLA' means those enhanced service levels which can be ordered by a Business or Enterprise customer subscribing to Pine Media's enhanced Business or Enterprise Services including an SLA. 'Terms and Conditions' means these General Terms and Conditions.
'Unlimited' in the context of our Internet packages means that Pine Media DOES NOT implement any form of usage cap, but remains subject to Pine Media's 'Acceptable Use Policy'.
'Broadband Aggregation' means utilising a single Service provided by the Company to supply internet connectivity to multiple separate homes or businesses, including shared workspaces where multiple businesses share the same premises.
1.1 Words in the singular shall include the plural and vice versa and words importing gender include any other gender.
1.2 Unless otherwise expressly provided, any reference to any legislation shall be deemed to include any amendment replacement or re-enactment thereof for the time being in force and to include any delegated legislation, orders, notices, directions, consents, provisions made there under and any condition attaching thereto.
1.3 References to writing shall include any modes of reproducing words in a legible and non-transitory form.
1.4 The headings of paragraphs are for ease of reference and shall not affect the construction of this Contract.
1.5 Unless stated to the contrary in the event of a conflict between the Terms and Conditions and any Product Terms relating to products and services to be provided by the Company then the specific Product Terms shall prevail.
2) Service Orders
2.1 The Customer shall be bound by all Service Orders signed or acknowledged on the Customer's behalf and the Company will only be bound to supply the Products and Services on the Company's acceptance of the Service Order and following receipt of payment of any charges detailed therein.
2.2 The Company reserves the right to charge for any omission or additional cost arising from the provision of inaccurate or insufficient information by the Customer and to revise prices to take into account increases in any costs of providing the Products which occurs between the date of quotation and delivery.
2.3 All orders are accepted subject to the availability of Products, the ability of the Company to provide Services in the local area and to these Terms and Conditions. No terms, conditions or limitations put forward by the Customer shall be binding on the Company.
2.4 The Customer accepts that these Terms and Conditions together with any Product Terms and any specific details stated on an accepted order constitute the entire understanding between the parties and supersede any prior promise, representation, undertaking or understanding of any kind.
3) Company Obligations
3.1 The Company shall supply the Products and Services as detailed in the Service Order in accordance with these Terms and Conditions and any Product Terms.
3.2 The Company will configure and install items to the specification provided to the Customer in accordance with the rates detailed on the Service Order.
3.3 The Company will use reasonable care and skill in performing such installation/configuration and will perform such Services within a reasonable time.
3.4 In the event the Customer changes the specification for such installation/configuration the Company reserves the right to require payment for implementing such changes at rates notified to the Customer from time to time.
3.5 Delivery will be to the address specified on the Service Order. Times quoted by the Company are estimates only and any delay in meeting delivery dates shall not give rise to a right to cancel the order or to claim damages. Any request by the Customer for the Company to delay or split delivery may result in additional costs incurred by the Company and such costs shall notified to, invoiced and be payable by the Customer.
3.6 In supplying the Services the Company will use its reasonable skill and care but the Company is not able to guarantee fault-free performance. Due to factors outside the Company's control such as access to 3rd party content and services and shared use of networks your internet access availability and speed may vary from time to time. In addition the speed and limitations of your equipment may affect the transmission speed that we can provide you. We cannot provide a fully guaranteed end to end Service to be available at all times.
3.7 The Company will endeavour to carry out necessary maintenance and support work outside of UK business hours ("Planned Outages"). The Company shall also endeavour to notify the Customer of any Planned Outages at least five days prior to such work being carried out, although the Customer accept that due to the nature of the Services, this may not always be possible.
4) Customer Obligations
4.1 The Customer agrees to abide by the Company's Acceptable Use Policy.
4.2 The Customer agrees to only use the Company network for lawful purposes. Any material transmitted through the Company network, or use of any part of it, in violation of any UK law or regulation is prohibited.
4.3 The Customer hereby consents to our intermittent monitoring of the Services (whether authorised by statute or other legislation or otherwise) to ensure lawful use of the Services.
4.4 When the Customer is issued with a password to access the Products and Services, they shall take all reasonable steps to keep such password private and confidential and ensure that it does not become known to other persons. If the password becomes known to any other person, the Customer will immediately inform the Company and the password will immediately be changed. The Company may change the Customer's password from time to time at their discretion without prior notice.
4.5 The Customer agrees that they are liable for any charges on the Customer's account regardless of whether the Customer or anybody else (with or without the Customer's permission) runs up those charges (unless the charges result from fraud by someone else which the Customer could have had no control over). For example, if someone who has access to the Customer's home uses the Services, the Company would consider them to be within the Customer's control and the Customer would be liable for those charges. If the Customer becomes aware of any fraud by someone else, they must tell the Company as quickly as they can. Under no circumstances should the Customer give the PIN numbers and passwords to anybody else (unless the Customer they happy for them to use the Customer's account and add charges on to the Customer's account).
4.6 The Customer may use the Company's network to access other Internet connected networks world-wide and agrees to conform to any published and future protocols and standards. In the event that communications by the Customer do not conform to these standards, or if the Customer makes profligate use of the Company network to the detriment of the Company or any other of the Company's customers, the Company reserves the right to restrict passage of the Customer's communications until they give a suitable undertaking as to use.
4.7 Pine Media is not responsible or liable for any 3rd party charges from other organisations (such as telephone or content providers) which may be incurred by the Customer while using the Services. The Customer shall indemnify Pine Media for any claims or charges made against Pine Media in respect of any such costs incurred.
4.8 Any Internet address allocated by the Company to the Customer will at all times belong to the Company and the Customer may not sell or agree to transfer the number to any person. The Customer will have a non-transferable licence to use such Internet address whilst the Customer receives internet access from the Company. In the event this Agreement is terminated, for whatever reason, the Customer's licence to use the Internet address shall automatically terminate and thereafter the Customer shall not use the Internet address.
4.9 The Customer undertakes not to assign or in any other way transfer the Services, without the Company's prior consent.
4.10 The Customer accepts that the Company may vary the technical specifications of Products and Services from time to time for operational or regulatory reasons and such reasonable variance shall not invalidate these terms and conditions.
5) Using our Services
5.1 Due to the nature of the Internet, the Company cannot guarantee specific levels of performance, speed or access for the use of the Services and for internet access.
5.2 The Company reserves the right to remove by immediate notice material placed on its servers by the Customer or other users which violates this Agreement or is otherwise harmful to the Company's interests or the interests of other users of the Services.
5.3 The Company reserve the right to monitor and control data volume and/or types of traffic transmitted via the Services. In the event that the Customer mis-uses or their use does not comply with the Company's 'Acceptable Use Policy' which can read on the website, the Company reserves the right to reduce, suspend or terminate the Customer's access and use of the Services. During any time of reduction or suspension, the Customer will remain liable for the payment of the original level of charges.
5.4 The Company cannot guarantee that maximum transmission speeds can be obtained at any time; however, the Company will endeavour to inform the Customer of any issues, and attempt to resolve them, as soon as is reasonably possible. We do guarantee that our quoted 'minimum speed guarantee' (MSG) will be achievable at least 99% of the time. If, in a given 48-hour period, it is not achieved, we will accept a trouble report and start investigating; this will open a fault on your service until speeds are restored. We will accept speed tests either from the daily tests our routers run or, if using your own router, a wired speed test using www.speedtest.net. We may ask you to demonstrate that both your router and test device are sufficiently powerful to perform the test.
5.5 If the Customer is using the Services in contravention of the Company's Acceptable Use Policy, the Company is entitled to reduce, suspend and/or terminate any or all of the Services without giving the Customer notice.
5.6 The Customer is responsible for maintaining in good order any Products. The Customer must make good any damage to Products (including damage or cuts to Pine Media's network), except where such damage is caused by the negligence of Pine Media or its agents.
5.7 The Customer agrees to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the Services supplied under this Agreement, and to fully indemnify the Company if the Company suffer any costs or losses of this kind.
5.8 The Company may email service announcements to the Customer as part of the Services.
5.9 Full House Wi-Fi Add-On and Coverage Promise:
The Full House Wi-Fi add-on is an upgrade available with our Full Fibre broadband services, provided with an Amazon eero on both the Openreach network and our own network. If your Full Fibre service does not achieve Full House Coverage, as outlined below, we will provide additional configuration, technical support, and, if necessary, additional Amazon eero devices to help you reach it.
Our Full House Coverage Promise: Full House Coverage means achieving a minimum download speed of 10Mbps in all eligible rooms. We will work with you to achieve Full House Coverage, as long as your home meets the following conditions: (i) up to 6 bedrooms; (ii) no basements, cellars, or rooms below street level; (iii) no outbuildings or garden rooms; and (iv) any other reasonable parameters that we may specify from time to time. If you are not reaching Full House Coverage, you agree that we may send an engineer to assess and address the issue.
5.10 The Customer shall not use the Services for Broadband Aggregation purposes. This prohibition applies whenever the Service provided is broadband. Broadband Aggregation is defined as utilising a single Service provided by the Company to supply broadband connectivity to multiple separate homes or businesses, including shared workspaces where multiple businesses share the same premises. However, the Company may permit Broadband Aggregation, upon prior written consent, in cases where the Service provided is a Leased Line or Ethernet over Fibre to the Premises (EoFTTP).
Additional Terms
The complete Terms and Conditions document contains additional important sections covering:
6) Customer Equipment
The Company will not be liable in any way for any loss or damage which is caused to the Customer's own equipment arising as a result of its use with the Services.
7) Term and Termination
Details on contract terms, termination conditions, and equipment return requirements.
8) Suspending the Services
Circumstances under which services may be suspended and related charges.
9) Warranties
Scope and limitations of warranties provided.
10) Limitation of liability
Legal limitations on company liability for various circumstances.
11) Fees and payment terms
Details on billing, payment conditions, and potential price increases.
12-16) Further Terms
Including Title and Licensing, Wayleaves, Privacy/Data Protection, Confidentiality, and General provisions.
For the complete Terms and Conditions, please contact us or request a full copy via email at support@pinemedia.net.