Dyfed Superfast Wireless Broadband

Terms & Conditions

These terms and conditions apply to all business and residential customers when they take services from us. There are additional terms and conditions that apply when you take a particular service from us, which are set out below.

We’ve tried to make these terms and conditions easy to understand. If you have any queries that aren’t dealt with here, please see our FAQs HERE.

These terms and conditions replace all previous versions and were updated on 17 August 2016.

1.1 Dyfed Superfast Wireless Broadband is provided by Dyfed IT Solutions Limited. Our address is Llysarad, Newcastle Emlyn, Carmarthenshire, SA38 9DB. Our company registered number is 8496379 and our registered VAT number is GB 171718601. We provide wireless broadband services.

1.2 Your agreement:

(a) starts when we accept your first order for a service from us and ends as set out in paragraph 15; and

(b) consists of these customer terms and conditions and any applicable service terms and conditions outlined below:

(i) Dyfed IT Solutions Terms And Conditions;

(ii) Dyfed Superfast Wireless Broadband Terms And Conditions;

1.3 If you can’t access a document referred to in these customer terms and conditions, you can request a copy by contacting us (see paragraph 19 below).

2.1 If you order services from us:

(a) you confirm you’re at least 18 years old; and

(b) we may:

(i) ask for proof of identity and address; and

(ii) carry out credit and identity checks on you.

2.2 We try to complete orders as soon as possible but delays may occur, which we’ll tell you about as soon as we can.  

2.3 Some services (or certain parts) may not be available to you (e.g. if you fall outside the reach of, or are not connected to, our wireless network, the services at your location don’t meet our minimum performance requirements, we consider it too difficult to provide you with the services (which we’ll usually determine after completing a site survey). We’ll tell you if this applies to you.

2.4 We may need to perform tests to check whether services are available to you .

2.5 If we transfer your service from or to another provider, you may experience a temporary loss of your services.

2.6 If you ask us to port your telephone number from or to another provider, we’ll try to do this wherever possible. If we can’t, we’ll tell you your options.

3.1 You may cancel your order by contacting us (see paragraph 19 below):

(a) in the first 20 days after our acceptance of your order;

3.2 If you do cancel, you must return any equipment provided to you within 14 days of cancellation. If you don’t return the equipment, you’ll have to pay the full equipment price, excluding any discounts you’ve received (if you subsequently return the equipment, we’ll refund any amount you’ve been charged for it if applicable).

3.3 We’ll advise how to return equipment when you cancel. You’ll be responsible for the cost of return.

3.4 If the returned equipment is worth less than its original value due to use or damage, your refund will reflect this.

3.5 If you follow the above cancellation procedure, you’ll receive any refunds due:

(a) within 14 days of your cancellation; or

(b) if we’ve sent you equipment, within 14 days of us receiving the returned equipment (or evidence that you’ve sent it).

3.6 Please note:

(a) we may have discounted certain equipment or services or provided them for free. If so, and we still have to pay someone else for you may have to pay us the difference between what you paid and what we have to pay;

(b) if you asked us to provide a service before the end of the applicable cancellation period stated in paragraph 3.1 above, you must pay for any service you receive up to disconnection of that service; and

(c) if you want to cancel outside the applicable cancellation period stated in paragraph 3.1 above, you must do so in accordance with paragraph 15.

4.1 A service starts on the date it goes live and ends as set out in this agreement.

4.2 Our services have a minimum period of 12 months starting from your go live date.

This means:

(a) you may be charged a fee to compensate us for our losses if you end the service before the end of that minimum period and you may be requested to pay back the Welsh Government Grant if you cancel before the initial 12 month period. Please check your agreement and email us to find out what charges may apply if you do cancel early; and

(b) if you’ve paid a reduced charge, or no charge, for certain equipment and the service ends before the end of the minimum period, you may be charged the full price for the equipment, excluding any discounts you’ve received.

4.3 If we agree to renew or upgrade any service, a new minimum period may apply from the date of your renewal or upgrade. We’ll tell you if this is the case.

5.1 If you agree to an engineer visit, someone over 18 must be present.

5.2 We may charge a fee (the cost of which we’ll tell you about before the visit) if:

(a) the engineer can’t complete their inspection as they can’t access the property or equipment;

(b) on inspection:

(i) the property or your equipment is unsafe;

(ii) we determine that no fault exists; or

(iii) we reasonably believe a fault was caused by you, your equipment or your property; or

(c) we have to undertake work over and above what we would usually carry out (e.g. we have to move your wireless broadband receiver or, you don’t consent to this work, and we can’t provide the relevant service).

5.3 If you ask us to upgrade a service, but don’t consent to necessary engineering work, you’ll stay on your current service.

5.4 You may re-schedule an installation visit once without incurring a fee as long as you tell us by any deadline we give you. If you cancel an installation visit, we may charge a fee, which we’ll tell you about before you cancel.

5.5 If we need to cancel or change the time of an engineer visit, we’ll give you as much notice as we can.

5.6 If we perform engineering work at your property, we won’t reverse this work when your services end.

6.1 You may not use your services, or allow your services to be used:

(a) to send, communicate, knowingly receive, upload, download or use any material or make any calls that are offensive, abusive, indecent, defamatory, obscene, menacing, cause annoyance, inconvenience, needless anxiety or are intended to deceive;

(b) to download, possess or transmit in any way illegal material;

(c) to engage in criminal, illegal or unlawful activities;

(d) to violate or infringe the rights or property of any person, including rights of copyright and any other intellectual property rights, privacy or confidentiality;

(e) to intentionally impair or attempt to impair, without authorisation, the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data;

(f) via a device allowing the routing or re-routing of such services on, from or to our network; or

(g) in such a way, or in such amount, that will have an adverse impact on our network (or any part of it), our customers or our brand or that contravenes any of our applicable acceptable use policies or general internet standards.

6.2 Our services are provided to many customers and we owe them a duty as a whole to preserve our network integrity and to avoid network degradation. Although we don’t normally measure and shape traffic, if we consider it necessary, we may, in limited circumstances, have to change the services, or manage your use of, or access to, the services as we see fit. This may impact the quality of the services.

7.1 To receive a service you may need to use certain equipment provided by us (e.g. a wireless broadband receiver and router). You agree that we can:

(a) install, keep and use such equipment at your home;

(b) enter your premises for the connection, maintenance, modification, replacement or removal of such equipment; and

(c) if applicable, connect remotely to your equipment to manage, repair or upgrade it.

7.2 We only provide the equipment we tell you we’ll provide. Other equipment may be available from us at an additional cost. If there are any charges related to equipment (e.g. delivery costs), we’ll tell you when you order.

7.3 We’re only responsible for, and can only support, equipment provided by us. We can’t guarantee that the services will work with other equipment.

7.4 You must look after our equipment and not tamper with it. If you damage it or the packaging is lost, you may need to pay for it. You may need to return our equipment to us and we’ll tell you if this is the case.

7.5 Our equipment may be ‘as new’, which means it’s been refurbished or repackaged but looks and operates as if new.

7.6 We’re under a legal duty to supply equipment that is in conformity with this agreement. Any equipment we send you will be as described.

7.8 If you need, or are required, to return any equipment to us, and are unsure how to do this, please contact us (see paragraph 19 below). You’re responsible for this equipment until we receive it. If we don’t receive it, we may charge you for it.

7.9 You may not connect equipment to our network that may harm it or other customer’s’ equipment or services. If you do, you must immediately disconnect it, or allow us to, at your expense.

8.1 We’ll use reasonable skill and care in providing the services but, given the nature of the services, we can’t guarantee that they’ll be continuously available or error free (e.g. there may be geographical, atmospheric or environmental factors that affect the services).

8.2 We try to keep your data and communications secure; however, for reasons beyond our control, these may be unlawfully intercepted. If they are, we’ll investigate and advise on next steps.

8.3 You must:

(a) comply with our, and our representatives’, reasonable instructions about the services;

(b) have all necessary consents or permissions required for us to provide a service (e.g. permission to attached the wireless broadband receiver dish to your property or, if you’re a tenant, your landlord’s consent);

(c) tell us if you change your name, your address, your email address, your payment details or anything else which we may need to know about;

(d) keep usernames, passwords and PINs safe; and

(e) use our services in accordance with any applicable fair use policies we tell you about.

9.1 We’ll tell you the charges for the services when you order or they’ll be as detailed in your agreement and on our pricing page. These charges may include a charge for:

(a) installing a wireless broadband receiver to your premises;

(b) connecting you to our network; and

(c) re-connecting you to our network if you’ve been disconnected.

9.2 You’re responsible for paying all charges that you, and any person accessing your services, incur.

9.3 We, or a third party on our behalf, will send you a bill for services, usually within 30 days of them starting. After that, we’ll usually bill you monthly.

9.4 We normally send bills in advance except for usage charges (e.g. call charges), which are billed after they’re incurred. Charges for periods of less than a month are calculated on a prorata basis.

9.5 You’ll receive bills in electronic form, unless you tell us you want paper bills. If you choose paper, we’ll charge you an additional amount, which we’ll tell you about when you request the change.

9.6 Bills must be paid by direct debit via GoCardless. If they’re not, we may charge you a reasonable fee to cover our costs. We’ll collect payments on the date shown on your bill. If payment is rejected, we may:

(a) charge you a reasonable fee to cover our costs; and

(b) lower your credit limit with us; or

(c ) we may disconnect you if payment continues to be rejected

9.7 All charges include VAT, unless otherwise agreed.

9.8 If you think your charges are wrong, you must tell us immediately so we can investigate. You must pay all undisputed charges. We won’t suspend or end a service whilst we investigate disputed charges.

9.9 If you don’t pay any undisputed part of your bill by the due date, we may:

(a) charge a reasonable administration fee or interest on the overdue amount at 4% a year above the base rate of Royal Bank of Scotland Group from time to time. Interest shall accrue daily from the due date to the date of actual payment, whether before or after a court judgment; and

(b) notify credit reference agencies of your non-payment.

9.10 At the end of a service, all outstanding sums and any cancellation charges, including those we may incur from a third party for disconnecting your service, will become immediately due and payable.

10.1 If we’re unsure of your credit history, we may ask you for a deposit or impose credit conditions. If you don’t pay this deposit or you break these conditions, we may:

(a) require you to make a payment to pay off any unpaid charges or to cover future charges;

(b) place, or change, a credit limit on your account; or

(c) suspend, restrict or disconnect your services.

10.2 We may keep your deposit until your agreement ends and may use it at any time to pay unpaid charges. We don’t pay interest on deposits.

10.3 If you exceed a credit limit, you’ll be liable for all charges, including those exceeding your credit limit. If you’d like to discuss increasing your credit limit, please contact us (see paragraph 19 below).

10.4 We may also set, or change, a credit limit, if your usage is significantly different to a typical customer.

11.1 We, or our representatives, may monitor or record your communications:

(a) for business purposes, such as quality control and training;

(b) to prevent unauthorised use of our systems;

(c) to ensure effective systems operation; and

(d) in order to prevent or detect crime. 

12.1 We’re only liable for losses that could reasonably be expected to occur when we entered into this agreement.

12.2 We’re not liable for:

(a) loss of data or information;

(b) business losses;

(c) loss of your time;

(d) problems caused by other network operators/providers of telecommunications services;

(e) losses caused by third party services or goods, content or viruses that you access through the services; or

(f) the failure of any alarm system that you try to run over our network or services.

12.3 Our total liability to you shall be limited to £5,000 for any one incident or series of related incidents.

12.4 Nothing in these terms excludes or limits our liability for anything we can’t exclude or limit by law. See paragraph 21 for further information about your rights.

13.1 We may suspend, restrict or disconnect any, or all, of the services if:

(a) our network breaks down or needs maintenance;

(b) you break any important term of your agreement (e.g. paragraph 6.1);

(c) you fail to pay your bill or any charges within 7 days of our reminder;

(d) we’re required to for legal or regulatory reasons;

(e) we’re no longer able to provide a service (or any part of it);

(f) you’re abusive or threatening, make unreasonable demands on us, including on our time, or abuse our processes;

(g) we suspend or restrict a related service;

(h) your usage of the services is in excess of what we’d expect from a typical customer;

(i) we believe your services or your credit or debit card have been used fraudulently.

13.2 Where we suspend, restrict or disconnect a service, your agreement will continue and, unless we’ve suspended, restricted or disconnected under paragraphs 15.1(a), 15.1(d) or 15.1(e), we may require you to pay:

(a) our reasonable costs for suspending or restricting the services and resuming them; and

(b) your charges.

14.1 If you want to end a service or your agreement with us, please contact us (see paragraph 17 below). If any service is in its minimum period, you may have to pay a fee as set out in paragraph 4.2. If you want to cancel your order with us, please follow the procedure in paragraph 3 above.

14.2 If you want to end a service or your agreement with us outside the minimum period you will have to contact us in writing or by phone to give 30 days’ notice. Unless we tell you otherwise, we will give you 30 days’ written notice if we want to end a service outside the minimum period.

14.3 You may immediately end your agreement by giving us written notice:

(a) if we break any important term of your agreement and don’t fix it within 45 days of being asked to do so, subject to paragraph 20; or

(b) as set out in paragraph 16.2.

14.4 We may immediately end your agreement by giving you written notice if:

(a) we’re entitled to suspend, restrict or disconnect any, or all, of the services under paragraphs 14.1(b), 14.1(c), 14.1(d), 14.1(e), 14.1(f), 14.1(g) or 14.1(h);

(b) we believe your services are being used fraudulently; or

(c) you become bankrupt, enter into an individual voluntary arrangement or anything similar.

14.5 If either of us ends a service:

(a) any unused goodwill credits will be used to pay outstanding charges on your account. If any remain after we’ve accounted for all outstanding charges, the goodwill credits will be cancelled; and

(b) any positive credit balance will be used to pay outstanding charges on your account. If you still have a positive credit after the deductions for outstanding charges, we’ll tell you how to claim it. If you don’t claim your balance within 12 months of your service ending, you’ll no longer be able to claim it.

14.6 Certain services are dependent on other services. If we or you end one service we may need to end another. If this is the case, we’ll tell you.

15.1 We may need to change your services, equipment, charges or agreement for legal, regulatory or business reasons. If so, we’ll tell you about this in writing or by publishing a notice or updated terms and conditions on our website.

15.2 If a change is to your material detriment, we’ll give you at least 30 days’ written notice (by letter, email, SMS or via your monthly bill). If you object, you may end your agreement without charge (other than accrued charges), provided you contact us (see paragraph 18 below) within 30 days of receiving the notification.

16.1 If you’re moving house and want to continue using the services, you must tell us at least 14 days before so we can conduct a site visit of your new address and determine if we can service this area. As wireless broadband is provided by direct line of sight to one of our masts, if you move to an area we do not have a mast we will not be able to provide this service to you. 

16.2 We’ll try our best to transfer the services but, if we can’t transfer them, and any are in the minimum period, you may have to pay the charges to the end of the minimum period.

17.1 We take privacy very seriously. We’re committed to protecting and preserving any information you give to us and to being transparent about what information we hold and how we use it. We’ll only use your information in accordance with our Privacy Policy, which you agree to by ordering or using a service.
18.1 If you can’t find what you’re looking for on our FAQ pages or by chatting to our online chat agents, you can contact us by telephoning customer services on 01235 545 033. We will need to verify your identity before we can speak to you about your account. If the person contacting us is not the account holder, we can only provide limited information. If you want to write to us, or if any paragraph in your agreement requires you to give us written notice, you can do this HERE or by post to Dyfed IT  Wireless Broadband Department, Llysarad, Newcastle Emlyn, Carmarthenshire, SA38 9DB.

18.2 If we need to contact you, we’ll use your billing address, email address, mobile or fixed telephone number or any other method requested by you. If we have to give you written notice, we’ll do so by email, SMS, hand or pre-paid post to the address or telephone number you’ve provided to us.

18.3 Any notice or document will be deemed to be delivered immediately (if delivered by hand) or 48 hours after posting (if sent by first class post). Notices given by SMS or email shall be deemed to be delivered when they’re sent.

19.1 We may not be able to provide a service (or part of a service) due to, or your service may be affected by, something beyond our reasonable control. In this scenario, we can’t accept responsibility for what’s occurred and we may need to suspend or terminate your service or agreement. If we terminate under this paragraph 20, you’ll only be charged up to the point of termination.
20.1 If you’re experiencing a problem with your services, see our FAQ pages. If this doesn’t help, please contact us (see paragraph 18 above) as soon as possible. You must give us the opportunity to resolve your problems and continue to pay your bills whilst we investigate.
21.1 In addition to the rights set out in your agreement and your right to compensation, you have other legal rights, including:

(a) in relation to goods and digital content that are faulty or not as described:

(i) the short-term right to reject;

(ii) the right to a repair or replacement;

(iii) the right to a price reduction; or

(iv) a final right to reject;

(b) in relation to services that are not performed with reasonable skill and care:

(i) the right to ask for repeat performance; and

(ii) if repeat performance is impossible, or not done within a reasonable time without inconvenience, the right to a reduction in price; and

(c) the right to bring a claim for breach of contract for 6 years from the date of breach.

21.2 The legal rights noted in this paragraph are the main legal rights we think you need to know about when you take our services but you have many other legal rights. The above does not constitute legal advice. If you need further advice, you should seek independent legal advice or contact your local Citizens’ Advice Bureau or Trading Standards office.

21.3 Nothing in your agreement or your right to compensation affects these legal rights.

22.1 You may not transfer the whole or any part of this agreement or service to anyone else without our written consent. We can transfer the whole or any part of this agreement or service to any third party.

22.2 Each paragraph in this agreement operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect.

22.3 If we fail to insist that you perform any of your obligations under this agreement, or if we don’t enforce our rights against you, or if we delay in doing so, that won’t mean we’ve waived our rights against you or that you don’t have to comply with those obligations. If we choose not to enforce any of our rights, we’ll tell you in writing. This doesn’t mean we’ll do the same in the future.

22.4 This agreement is between you and us. No other person shall have any rights to enforce any of its terms except for our group companies.

22.5 This agreement is governed by the laws of England and Wales. We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you’re a resident of Northern Ireland you may bring proceedings in Northern Ireland, and if you’re a resident of Scotland, you may bring proceedings in Scotland.

1 When you order the wireless broadband service, we’ll give you an estimate of the upload and download speeds you can expect. For wireless broadband services, upload speeds will always be slower than download speeds.

2 If our estimates are below our minimum requirements, we won’t be able to provide the wireless broadband service to you.

3 We’ll try to ensure you get the estimated speeds; however, we can’t guarantee this. It may take up to two weeks from installation for your speeds to stabilise. If, after this period, you’re constantly getting significantly lower speeds, contact us (see paragraph 18 above) so we can try to help. If there’s a fault, we’ll take reasonable steps, and you must take any reasonable steps we ask you to take, to correct such fault. If, after this the wireless broadband service your speed is still below the ‘minimum guaranteed speed’, you may cancel the service without liability.

Fair usage policy

Our policy towards Fair Usage is that Customers should be able to use the Service in an appropriate manner to meet their needs. A very small number of Customers use an excessive amount of the network bandwidth at peak times, to the extent that it can impair the performance of others.

We therefore have a fair usage policy, which is designed to ensure your Service is fast and reliable 24 hours a day. This only involves monitoring the amount Customers download and managing non-time critical traffic on our network, such as Bittorrent or other Peer-to-Peer sharing applications.

If Customers usage is continually either excessive, unfair, inappropriate, affects other users enjoyment of our broadband Service, or is not consistent with the usage we would typically expect on the Customers current package, we reserve the right to upgrade customers to a package more suited for their usage or, in extreme cases, suspend or terminate their ability to access our broadband.

We also manage the use of file sharing applications as these services often involve huge files being uploaded and downloaded, which can cause network problems and for Customers Internet Service to be slower than normal. Currently, our Customers have no restrictions on Bittorrent or other file sharing activity between midnight and 3pm. At peak times, however some Customers can still use those services but they may find Bittorrent or file sharing is a little slower as we limit the amount of this traffic to ensure we can maintain a high quality Internet service for all our Customers.

However, all of our Customers have no restrictions on time-critical web traffic such as surfing, gaming, streaming content from applications like BBC iPlayer or using VOIP packages like Skype at any time.

You can download a full copy of our Terms and Conditions by clicking HERE

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