Please read through these terms and conditions carefully, as they contain important information.
General Terms and Conditions
This site is owned and operated by Gigaloch Limited. It is located at Pentland House, Saltire Centre, Glenrothes, Fife KY6 2AH. If you have any queries at all about these terms and conditions or if you have any comments or complaints including about our website please contact us in writing and send to the address above or email us on admin@gigaloch.com or telephone us on 08000 467 966.
The contract between us, Gigaloch and you our customer
Gigaloch Limited must receive a signed pre-contract before giving you a contract and this must also be signed. Along with this a signed direct debit agreement will be given for any of the services that you order before your order can be accepted. Any upfront construction charges must be paid for in advance. Payment of the price for the services represents an offer on your part to purchase the services. This will be accepted by us once a confirmation of acceptance is sent by us.
Acknowledgement of your order
To enable us to process your order you are required to provide us with your email address. We will notify you by email at the earliest convenience to confirm receipt of your order and to confirm details. For the avoidance of doubt this correspondence does not constitute the contract between us.
Ownership of rights
All equipment that is required to provide the broadband signal to your computer network or router will remain in the ownership of Gigaloch Limited. Gigaloch will maintain all equipment at no additional cost should you take reasonable care of the equipment and use it in accordance with any instructions provided. If you cancel a service within the cooling-off period and we’ve provided you with loaned equipment for that service, the agreement won’t end until you’ve returned the loaned equipment. You must return the equipment to us within 14 days of cancelling a service. If you don’t return the equipment within 14 days, you’ll have to pay the full cost of the equipment. Once we get the loaned equipment back (and see evidence that it’s been returned), we reserve the right to charge you if we think the loaned equipment is worth less than its original value as a result of it being damaged. If you fail to return the loaned equipment within 14 days, we will charge you. This charge will be reflective of the condition of the equipment, and it having been kept in good condition and used in accordance with the agreement. The non-returned equipment charge will be added to your bill or charged to a credit/debit card you have provided us details of. Payment of the non-returned equipment charge does not transfer ownership to you, the equipment belongs to Gigaloch at all times. If you think any of the equipment is faulty, please tell us. You must return any equipment that you tell us is faulty, or which we tell you is faulty or needs to be fixed or replaced (for example, if the equipment is out of date or needs an upgrade). We may test any equipment you tell us is faulty. If we find it isn’t faulty, we may return it to you or replace it. If you haven’t returned any equipment within 30 days of us giving you a replacement, we may interrupt or restrict access to any service you take from us until the equipment is returned or we will try and recover our costs for that equipment.
Minimum Period
Your agreement is for a minimum of 12 months, following this it will become a rolling 30-day contract with 30 days’ notice in writing required by you to terminate the agreement.
Charges and Price Increases
Gigaloch has fixed prices until 2025 and you will receive your bill each month which will be taken by direct debit on the date agreed within your contract. If the direct debit fails, we will try again 7 days later. Should this bill not be paid by the time the next bill is due to be paid this may result in termination of services. If you genuinely think we’ve made a mistake on your bill, tell us straight away. We won’t suspend or end a service while we investigate the matter, but you must pay the amount you agree that you owe. If it isn’t the first time that you haven’t paid a bill on time, we may suspend or end a service earlier. If you don’t pay your bill, we may give your details, including your personal information, to a debt-collection agency and ask them to collect the money for us. If we do, you’ll have to pay an extra charge to compensate us. The debt-collection agency will add the charge to your debt. VAT will not be added to any extra charge we might add to your bill.
Gigabit Voucher
As part of this contract between Gigaloch and you, it is expected that you, once a R100 gigabit voucher has been provided to you, must respond to the R100 email within no less than 28 days otherwise you will be disconnected from the service and/or a connection fee will be imposed upon you. A reminder to do this will be given to you by Gigaloch on the first day of connection and every 7 days by Gigaloch up until day 28.
What we expect from you
Our goal is to make sure that you make the most of your service. However, we do expect you to use the broadband services responsibly and in line with the law and the conditions of this agreement. At Gigaloch we will comply with legal requests from government bodies/agencies or the courts, and so we cannot guarantee that our subscribers’ data will not be collected or intercepted by such bodies, but we will otherwise seek to allow people freedom to pursue legal activities unimpeded through our network. We are not seeking to collect any data for any commercial benefit except in connection with the reliable operation of our network.
You must make Gigaloch aware of any banking changes that might/will affect your ability to pay your monthly bill. If you change address, you must give Gigaloch notice of this because it will enable us to transfer/install your service(s) to your new property if we operate in the new area. Gigaloch will not be held liable for any sites, content, goods or services offered or made available on the internet not provided by us and this includes viruses, cookies or similarly transmitted via any 3rd party services on the internet. Gigaloch will not be held liable for the content of newsgroups or chat areas. By entering such groups, you undertake an agreement whereby you waive the right to make any claims against Gigaloch for any distress, loss, liability, injury, damage or expense arising from or in connection with your use of these areas and their contents. Gigaloch does not monitor the services used by our customers. We do however reserve the right to do so and to review communications and contents which have been sent or received whilst using our services. We reserve the right to disclose any information or material we deem necessary when asked to do so by the police, legal process, or governmental request. We reserve the right to edit, refuse to post or to remove any information, content, or material in part or whole thereof as required by law.
Our intention is to not infringe upon your fundamental human rights however we reserve the right to protect those who use our services. You must not therefore use the services we provide to you for any of the following: unlawful or fraudulent purposes, for carrying out any criminal acts, to impede on data protection laws, to knowingly upload, download, use and re-use any material or information which is inappropriate, abusive, derogatory, profane, indecent, obscene, defamatory or breaches privacy laws, to infringe upon any 3rd party intellectual property rights. You will be held liable for any losses, expenses or other costs incurred by us if you breach these terms and conditions. What you can expect from us – We will provide any/all services agreed in your contract subject to the terms and conditions of this document, in line with current legislation found and applicable in your location. We will exercise reasonable skill and care when providing the service(s) you require we will at all times strive to ensure the service(s) are fault free. We cannot in the case of an Act of God however guarantee this, but we assure you in the strongest terms possible that we will rectify as soon as possible any/all faults as set out in the Service Level Agreement. Occasionally we might have to interrupt, change, or temporarily suspend some or all of a service. That could be to maintain, upgrade or repair the network. If we do, we’ll try to get the network up and running again as quickly as possible.
Price – The prices for individual services are set out on our website. All residential tariffs will include VAT and all commercial tariffs will be exclusive of VAT. Where a service(s) ordered by you might be listed at an incorrect price due to a typographical error we will endeavour as best as we can to simply honour that price seen by you even if it is wrong. We will then rectify that advertised price as quickly as possible.
Payment Terms – We accept no liability if our service(s) are delayed because you did not disclose to us correct payment details. If it is not possible for us to obtain full payment for the service(s) provided to you then we reserve the right not to process your order or suspend your services immediately. This does not of course affect your statutory rights.
Cancellation rights – Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the legal right to cancel your order up to 14 days after the day in which you entered the contract with us (the cooling off period). You do not need to give us any particular reason for cancelling your contract or pay a penalty however any feedback you can give us as to why would be most grateful.
Cancellation by us – We reserve the right not to process your order if we have through no fault of our own insufficient staff or resources to deliver the service(s) you have ordered if we do not provide a service to your area. We will at all times ensure that we make contact with you by email and will credit to your account any sum(s) deducted by us to your account as soon as possible but within 14 days at the very latest.
If there is a problem with your service – If you have any complaints or questions about our service(s) please contact us on 08000-467-996. We are under a legal obligation to supply service(s) that have been agreed in the contract you signed with us, and we confirmed to you in accordance with the Consumer Rights (Amended) Act [2015].
Liability – We are only responsible for losses that are natural, foreseeable consequences of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations as set out in these terms and conditions by anything you (or anyone acting with your expressed written authority) does or fails to do or is due to events which are beyond our control, Act of God. We do not accept liability for any losses related to any business of yours which include lost data, lost profits, lost revenues or business interruption | (this list is not exhaustive). Notwithstanding the aforementioned nothing set out in these terms and conditions is intended to limit any rights you have as a customer under any applicable laws found in your area or other statutory rights that may have been inadvertently excluded therein.
Notices – Unless otherwise expressly stated in the terms and conditions all notices from you must be made in writing and sent to Gigaloch Office, Riverview House, Perth, PH2 8DF. Alternatively, please email us at connect@gigaloch.com. Any/all notices from us to you will be displayed on our website on occasions.
Changes to legal notices – We reserve the right to change these terms and conditions from time to time in conjunction with changes made to any applicable laws found in your area. We suggest to you that you keep up to date and refresh your understanding of these terms and conditions regularly.
Laws, jurisdiction and languages – The service(s) we provide are governed by and are in accordance with the laws of Great Britain and Northern Ireland. Parties therefore to any/all contracts with us agree to submit to the exclusive jurisdictions of the courts of England & Wales, Scotland, and Northern Ireland. All contracts will be concluded in English unless we are specifically asked by you not to in line with the Welsh Language Standards {2018}, the Gaelic Language (Scotland) Act 2005 or Irish Language Act (2021).
Invalidity – If any part of these terms and conditions is in any way found to be by a court unenforceable including any provision in which we exclude our liability to you, the enforceability of any part of these conditions not found to be unenforceable will not be affected.
How we may use your personal information – We will only use your personal information as set out in our privacy policy found on our website.
Third Party Rights – Nothing in this Agreement is intended to (nor shall it) confer any rights on a third party.
Other important terms – If you are not happy with how we may handle any complaint please contact ISPA, OFCOM, Trading Standards, or the Communications Ombudsman. You may be eligible to receive compensation for broadband downtime or other problems as this comes through Ofcom’s automatic compensation system.
