Brsk Business Broadband Terms and Conditions

Brsk Terms & Conditions

This document outlines the terms and conditions for customers who have ordered a brsk business broadband service, and other brsk services (“The Service”). It will inform you about our service, how we provide the service, how either you or us can cancel the service, and what to do if there is a problem.

These terms and conditions refer to, and are made up of the following documents which are available on our website, www.brsk.co.uk, or are sent to you by email:

• These Terms and Conditions, including all applicable Schedules

• Your Order Confirmation (the email we send you when we accept your order)

• Our Price Book

• Our Fair & Acceptable Use Policy

• Our Complaints Code of Practice

Together, these comprise the “Agreement”.

If there is any conflict between these documents, the document closest to the top of the list takes priority. For any conflict on pricing between these documents, your Order Confirmation takes priority, followed by our Price Book. Similarly, any promotional terms (per your Order Confirmation) will take priority over these terms.

1. About us

Brsk Limited is a limited company registered in England and Wales under company number 12792126, with registered office at 85 Great Portland Street, First Floor, London, W1W 7LT. In this agreement, “we”, “us”, and “our” refer to Brsk Limited.

2. About you

For the purposes of this Agreement, “you” means the business (whether you are an individual (such as a sole trader) or legal person), who placed an order for The Service.

3. How to contact us

You can contact us by logging a ticket on our website, on your brsk account portal, by emailing us at support@brsk.co.uk, or by writing to us at our business address which will be specified on our website from time to time.

4. How we can contact you

Should we need to contact you, we will do so by phone, or by writing to you at the email address provided when you placed an order for The Service. We may send you updates and announcements via email, text message, or through an app from time to time.

5. Ordering your Service

5.1 How to place an order. You can place an order for The Service through our website, or where applicable through one of our sales representatives in person or by telephone. When you place an order, you must provide us with your business name and address, a contact name and surname, a valid email address, a valid contact number, and payment details, and we will in turn create a brsk user account for you. When you place an order, you must provide us with the physical address where you would like The Service to be provided, and we will check whether we are able to provide you with The Service at the said address. We can only provide The Service to addresses where we have existing network coverage, or as we build the network, where it will become available. If you place an order where we are unable to provide you with The Service, we will let you know.

5.2 Accepting your order. If we accept your order, we will send you an email confirmation. At that point, the Agreement comes into effect and becomes legally binding on you and us.

5.3 What you have ordered. Your Order Confirmation will contain the details of The Service you have ordered.

5.4 The contract term. The Agreement may be subject to a minimum term and will be specified in your confirmation email. The term of The Service will start on the Activation Date, the date on which you start receiving a broadband service. Refer to below terms on how either party may cancel the service.

5.5 If you are contracting with us as an individual, you must be at least 18 years old when you place an order with us.

5.6 Our right to perform a credit check. By placing an order with us you agree that we, or third parties acting on our behalf, may carry out credit checks on you using the information you provided when you placed your order.

5.7 Service availability. The Service is only available in the United Kingdom.

5.8 We reserve our right to cancel an order received without reason before we install our equipment and The Service is activated.

5.9 Your existing broadband or phone services will not end automatically. If you have an agreement in place with another provider for a broadband or phone service, you will need to continue paying them for those services until you end them. They may decide to charge you a cancellation fee. We are not responsible for any charges you may incur from an existing provider.

6. Installing and Activating The Service

6.1 Consent and permission to install. If you have the legal right to do so, you must allow us to access your property, to install our equipment in order to provide The Service to you. You must obtain any licences and permissions that enable us to install, operate and maintain The Service. If you do not have the legal right to agree to allow us to do the things above, you must obtain the consent of the person or people who can consent to us doing those things, and you must ensure that that person or people obtains any licences and permissions that enable us to install, operate and maintain The Service. We reserve the right not to install The Service until we are satisfied that we have all the relevant consents and permissions that we need.

If you, or any applicable third party, fail to grant, obtain, or maintain all of the relevant licences, consents and permissions then we will not be obliged to provide the Services at the property and we may terminate this Agreement and you must pay us any costs or damages as a result of failure to obtain the said licences, consents and permissions.

6.2 Arranging an installation. We will need to install our equipment inside your premises for you to use The Service. You will be provided with the option to self-schedule a suitable installation date and time when placing your order. If you are unable to schedule an installation when placing an order, we will make contact with you to arrange a suitable time. Our installation teams work to agreed standards and only use approved equipment. Unless otherwise stated, or agreed with you, our installation fees are charged as per our Price Book.

6.3 The installation team will have your contact details. We work with approved third-party installation partners. These teams will have your contact details so they can keep you updated and let you know of any changes to your installation. They will only use your details in accordance with our Privacy Policy. You may also contact them should you wish to verify their identities or query your installation.

6.4 Access to your property. Our installation teams will need to access your property to route the fibre cable from the closest demarcation point in the street, to your preferred location inside your premises, whereupon they will install the fibre equipment. If they do not have access to your property, the installation may be cancelled, and you may be liable for a cancelled appointment fee. We will try to contact you to reschedule the appointment.

6.5 We will cause as little disturbance as possible. When performing the installation our teams will use all reasonable efforts to cause as little disruption as possible. We will repair or replace, to your reasonable satisfaction, damage beyond that which would be caused by a reasonably proficient installer that we, or our partners, may cause inside your premises. This does not include general tidying up, vacuuming, or wiping surfaces, which is your responsibility.

6.6 Non-Standard Installations. In some situations, we may be required to do a non-standard installation due to the length of the access route, or surfaces requiring special reinstatement. If we have to do a non-standard installation, we will need to perform an assessment of the cost, and we will provide you with a written estimate. If you approve this work, this additional once-off cost will be added to your first month’s invoice.

6.7 Our technician will perform a risk assessment before commencing work. If an installation technician decides that it is not feasible or is unable to perform the installation due to safety concerns, we will not proceed with the installation. We will notify you and attempt to resolve the concern with your help so we can try to complete the installation as soon as possible.

6.8 Someone over 18 years must be present. There must be someone over 18 years old present at the property for the duration of the installation.

6.9 Changes to your requirements. If your requirements change, including a change in the route of the cable used to deliver the Service, or term of the contract, it may change our ability to perform a standard installation and affect how we charge you.

6.10 If the installation cannot be completed. Our technician will do their best to complete the installation. However, if they are unable to do so for whatever reason including safety concerns or route complexity, our technician will ask you that another appointment be scheduled. You may be charged for a Non-Standard Installation in this situation per clause 6.6.

6.11 Activation date. We will activate your service after the installation has been successfully completed. Alternatively, if you already have an existing installation of our equipment inside your premises and only require a Service activation, we will only activate The Service once an order has been placed and payment has been successful.

7. Equipment

7.1 The equipment remains our property. In order to provide the service to you, we will install an ONT (Optical Network Terminal) and a brsk WiFi Router inside your premises. This equipment remains our property and is kept at your home. You are responsible for looking after the equipment. You must ensure that the equipment remains at your premises, and is kept safe, plugged in, and powered on, even if you leave your premises, or stop using The Service, unless we request that you return the equipment to us.

7.2 If the equipment is faulty. If the ONT or brsk router becomes faulty other than due to your, or a third party’s, act or omission, we will repair or replace it. If you or a third party damage the equipment or it becomes faulty due to your, or a third party’s, act or omission, you must pay for its replacement.

7.3 Relocating the equipment. If you want to move the equipment inside your premises after the installation has been completed, you will need to pay for a re-installation as per our Price Book. We will inform you of this before any work takes place.

8. Paying for The Service

8.1 How we calculate our monthly charges. You must pay for The Service and charges that were agreed when you placed your order and set out in your order confirmation email. The amount payable is due in advance of using The Service. Your first invoice will include any prorate or applicable once off charges. The charges and fees that apply will be published in our Price Book or as provided to you on your order confirmation. These may change from time to time, and we will notify you of any changes in advance. We will provide you with a monthly invoice showing the breakdown of fees for The Service. All fees we charge will include VAT at the prevailing rate.

8.2 How we collect our monthly charges. We will collect our monthly charges automatically each month, using the payment details which you have provided to us.

You must pay us using a payment mechanism supported by us. We may add and remove payment mechanisms from time to time.

These details will be stored for subsequent payments by a 3rd party payment processor who is PCI-DSS (Payment Card Industry Data Security Standards) compliant.

It is your responsibility to ensure that you maintain a valid method of payment at all times, and that you keep your payment details up to date.

If you pay by Direct Debit, you must maintain a valid mandate at all times, and you must contact us in advance of changing your mandate.

8.3 Rolling term contract. If The Service has no minimum term, or if the minimum term of The Service has passed, we provide The Service on a monthly rolling contract term, which continues on a month-to-month basis until cancelled. Your contract term is aligned with your billing cycle and runs from the date The Service was initially activated, on the same date each month. We may change your monthly billing date from time to time and, if we do, we will notify you in advance.

8.4 Price changes.

8.4.1 We may decrease our charges and fees at any time.

8.4.2 We may increase our charges and fees by an amount equal to any increase in the rate of Value Added Tax or any other directly and specifically applicable taxation charge or regulatory levy imposed by mandatory provisions laid down by Government or regulatory authorities, payment of which is compulsory.

8.4.3 We may increase our charges and rates, or introduce additional charges, at any time, but these will not apply to you while you are within a fixed minimum term. If we increase your price, we will give you at least one month’s notice and you will be entitled to contact us and cancel The Service if the new price is not acceptable to you.

8.5 If you do not pay. If we do not receive your payment on time and in full for whatever reason, we may:

8.5.1 Suspend The Service;

8.5.2 Require regular installment payments;

8.5.3 Terminate The Service;

8.5.4 Recover funds from you.

8.6 If your payment fails. We will notify you immediately and request that you log into the brsk customer account portal to update your card details, or reinstate your direct debit mandate, and make payment. If you fail to make payment after further written notice, we may terminate The Service within 7 days. To re-start The Service, you will be required to pay any outstanding amounts. We reserve the right not to provide you with new services until we receive outstanding payment.

8.7 We can charge you interest and fees. If you pay us later than the due date, we may charge you interest on the overdue amount. This is calculated at 4% per annum above the base lending rate of Barclays Bank from time to time. You must pay this, together with any reasonable costs incurred by us to collect this amount. Interest accrues daily from the due date, until the date of actual payment. We may charge you, and you must pay the interest, the overdue amount, and any cost to collect.

9. Using The Service

9.1 Acceptable use. You must abide by, and ensure that anyone who uses The Service abides by, our acceptable usage policies that are available on our website. We may monitor The Service including the type of traffic and traffic volume to detect or prevent breaches of our acceptable use policies. We reserve the right to suspend or cancel The Service if, acting reasonably, we consider that there is, or has been, a breach of our acceptable use policies.

9.2 You will be allocated a single public static IPv4 address free of charge. We may change the IPv4 address allocation at any time, but we will endeavour not to do this if we can reasonably avoid it, and we will use reasonable efforts to contact you beforehand.

9.3 You will be allocated a static range of IPv6 addresses free of charge. We may change the IPv6 address allocation at any time, but we will endeavour not to do this, if we can reasonably avoid it, and we will use reasonable efforts to contact you beforehand.

9.4 You do not own any IP addresses which we allocate to you. Any IP addresses we allocate to you remain our property.

9.5 Faults. When we become aware of a fault on our network outside of your property boundary we will endeavor to diagnose and repair the fault within one working day. You can report a fault to us via the brsk customer portal or by emailing us at support@brsk.co.uk, or by calling our priority business service line. We will aim to have faults resolved as soon as possible and may issue you with a ticket, case or reference number for subsequent engagements / follow up queries on the same issue.

9.6 We cannot guarantee a fault free performance. Your internet access may vary from time to time. This is due to the use of shared networks, access to third party content and factors
outside of our control. Furthermore, The Service speed that you experience over your Wi-Fi may vary due to the limitations of your environment (e.g your premises wall thickness, router position and its capability). Additional router equipment can be supplied by us at the time of order or at a later date as a separate monthly service fee. We will not be held responsible for any reduction in speed caused by your own equipment or devices.

9.7 We may restrict or suspend all or part of The Service if, in our reasonable opinion, you fail to comply with your obligations under this agreement, or if we consider it is necessary to do so:

9.7.1 To stop or mitigate any security or integrity incident, threat or vulnerability, or problem or attack affecting our network, equipment, or The Service (including any equipment, or services provided to another customer);

9.7.2 To deal with behaviour which, in our reasonable opinion, amounts to misuse of The Service; or

9.7.3 To comply with a legal obligation.

9.8 We will comply with all laws, regulations and codes of practice when providing the services to you.

10. Your Right to Terminate The Service

10.1 You can always end your contract with us. Your right to cancel the contract will depend on when you decide to cancel the contract, and how we are performing. For information on how to cancel within a 14 day cooling off period, please refer to clause 5.7.

10.2 You can terminate the Agreement by giving notice to us, if:

10.2.1 We have materially breached the Agreement;

10.2.2 We have stopped providing The Service for technical reasons, or inform you that we are going to suspend The Service for a period of more than 5 days other than where we do so in accordance with clauses 8.5, 9.7, or 11.1.

10.2.3 We have made an error on the price or description of The Services you ordered;

10.2.4 We increase your price in accordance with clause 8.4.3; or

10.2.5 We vary this Agreement, unless the variation is to your benefit, is of a purely administrative nature and has no negative effect on you, or is imposed by law.

10.3 You can end the contract, or terminate specific additional services, because you have changed your mind. If we are not at fault and none of the reasons in 10.2 apply, you must give notice in advance of your next billing cycle (at least 30 days’ notice). By way of example, if your billing cycle is ordinarily on the 6th of each month, and you cancel on the 4th of the month, you will still be required to pay for the next billing cycle and your service will cancel at the end of this cycle.

10.4 If you want to cancel your contract. You need to log into your brsk account portal and select to cancel your current broadband service.

10.5 Notice period. All cancellations other than those covered by clause 5.7 require a minimum of 30 days’ notice. If you cancel the contract, or terminate specific additional services, within a minimum term period that is longer than 30 days, you will be required to pay a service termination fee. The service termination fee will depend on how much time is left on your minimum term. We will advise the amount payable for the service termination fee once we acknowledge receipt of your request. See clause 19 for details on how to give notice.

10.6 Reservation of rights. We fully reserve the right to request that the equipment provided to you during the term of this agreement be returned to Brsk at your cost to our offices as per our website from time to time.

11. Our Right to Terminate The Service

11.1 We may either or both suspend all or part of The Service or terminate the Agreement immediately (and without giving you notice) if:

11.1.1 You materially breach this Agreement and do not put things right within reasonable time, or if you repeatedly breach the Agreement.

11.1.2 We do not receive payment from you in full when we are supposed to.

11.1.3 You use The Service in breach of our acceptable usage policy.

11.1.4 If we suspect any form of fraudulent activity.

11.1.5 If we have reason to believe that you have provided us with false information.

11.1.6 You threaten, verbally abuse, or endanger our employees or staff, or our partners.

12. Complaints Procedure

12.1 We will do our best to resolve any complaint or dispute that you may have. To make a complaint, you must follow our Complaints Policy. You must begin this by emailing complaints@brsk.co.uk. Our Complaints Policy can be found on our website and covers all aspects of lodging a complaint as well as how to take it further, should you need to. You must bring any complaint promptly, and provide promptly all information, which must be complete and accurate, which we reasonably request to assist us in handling your complaint.

13. Upgrades and Downgrades

13.1 Upgrades take place immediately. You can upgrade The Service via the brsk account portal at any time during the month. The Service will be upgraded immediately. You will pay the prorate amount for the outstanding period that is left on your current billing cycle at the start of your new billing cycle. You will pay for the upgraded Service in advance at the start of the new billing cycle.

13.2 Downgrades take place at the end of your current billing cycle. You can notify us of the downgrade of The Service at any time in the month via the Brsk account portal, however the downgrade of The Service will take place at the end of the billing cycle. We will collect the monthly fee amount for the new Service in advance of the next billing cycle.

14. Changes to the Agreement

14.1 Reservation of the right to vary. We may vary this Agreement from time to time.

14.2 Notification of variations to the Agreement. We will notify you if we vary this Agreement. You can contact us if you have questions or concerns about how the changes affect you.

14.3 Right to terminate: you may have the right to terminate. See clause 10.2.

15. Moving premises

If you are moving premises where The Service is installed, you are responsible for cancelling The Service with us. You must terminate The Service at least one billing cycle in advance of moving. If you move premises during a minimum term period, you may still be liable to pay for charges due for the remainder of the term, either on a pro-rata basis or wholly, at our discretion and subject to any additional terms and conditions that were included when you signed up. You must not, and you must procure that third parties do not, remove, disconnect, or power down the ONT or brsk Wi-Fi Router.

16. Troubleshooting

We aim to deliver a high-quality Service, but we cannot (and do not) guarantee a fault-free Service. Should something go wrong, we want to help you restore The Service, and we will use our reasonable efforts to do so quickly. The support team will endeavour to identify the cause of the issue over the phone, email, or live chat as soon as reasonably possible, during the support hours set out on our website.

16.1 Wireless interference. Many of the problems experienced with broadband connectivity are caused by using wireless connections within the premises (Wi-Fi). If you experience problems with your broadband quality, our support channels may need you to connect a wired device to the brsk router using an Ethernet lead – this will help them determine whether there is a problem with The Service, or whether the problem is caused by wireless interference between your brsk router and your device(s), or by other means.

16.2 Service quality. We aim to provide a high-quality, continuous service to the point of entry to your premises. We cannot guarantee a high-quality wireless signal from your brsk router everywhere within your premises, as the signal quality is affected by factors outside our control. Our support team can suggest consumer products that have been designed to overcome the issue of wireless distribution within the premises.

16.3 Technician visits. Occasionally a technician visit will be necessary to investigate or fix a faulty service.

16.4 Charges for technician visits. Visits are free of charge should the problem be found to lie within the brsk network and where the fault lies with brsk. In the event that the fault is as a result of negligence by you or should there have been damage to the ONT or the brsk router, you must pay for the repair or replacement. You must pay for the technician's visit if the fault lies on the customer side of the network and these charges are set out in the Price Book which can be found on our website.

16.5 We may monitor and record phone conversations to our support team. In order to improve the way in which we support you and our customers, we may record conversations for training purposes.

17. Non-availability of The Service, and force majeure

We will use reasonable efforts to give you a minimum of five days’ notice by email should we need to conduct maintenance and support work on our network, although this may not always be possible if the problem is urgent or an emergency.

Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control, but only if that party promptly notifies the other of the circumstances of the event. This clause does not apply to your obligation to pay any sums due under this agreement.

If the event persists for 28 days or more, the party not affected by the event may give notice to the other to terminate this agreement with effect from a date specified in the notice without penalty or other liability (except for any liability on your part to pay any sums due under this agreement).

18. Limited Liability

18.1 You are responsible for the information passing over our network. Brsk assumes no responsibility for the integrity of the information transported via the Brsk Network.

18.2 All conditions, warranties or terms which might have effect between you and us, or be implied or incorporated into this agreement (whether by statute, common law or otherwise) are excluded to the extent permitted by law liability, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

18.3 Neither party limits or excludes its liability to the other for personal injury or death caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter for which, at law, a party cannot limit or exclude its liability.

18.4 You do not limit or exclude your liability for any indemnities in this Agreement, or for sums due under it.

18.5 Subject to clauses 18.1 - 18.4, neither party shall be liable to the other for special, indirect, or consequential losses, nor for the following types of loss, whether direct, indirect, special or consequential, in each case however caused:

18.5.1 financial loss (other than in respect of sums due from you to us under this agreement), including loss of profits, earnings, business, goodwill, business interruption;

18.5.2 expected or incidental losses; loss of expected savings; loss of sales; failure to reduce bad debt; reduction in the value of an asset; and

18.5.3 loss of, or corruption to, data.

18.6 Subject to clauses 18.1 - 18.5, our total liability to you in respect of all breaches of this agreement by us relating to The Service is a “money back guarantee”, meaning the lesser of:

18.6.1 a pro-rata sum of the price you paid for the Service to which the breach relates, for the period in which we were in breach of this agreement; and the amount you paid for The Service for the month in which you notified us of the breach.

18.7 You are responsible for maintaining the security of your internal network from unauthorized access or breaches of your network security.

18.8 You are responsible for your own equipment. We are not responsible if The Service does not work because your own equipment does not work with The Service, or due to faults of 3rd party networks, over which we have no responsibility. This includes any inability to access services on the Internet, where the fault lies outside our network.

19. Notices

19.1 To give notice (except for the service of court proceedings), a party must either:

19.1.1 Email the other party’s nominated email address for service. In our case, this is support@brsk.co.uk. In your case, this is any email address which we have on file for you.

19.1.2 Send the notice by post to the other party’s nominated postal address for service. In our case, this is our registered office address. In your case, this is the address at which The Service is installed, or any other address we have on file for you.

19.1.3 If we make functionality available on our website to carry out a specific action (e.g. to terminate the Agreement or cancel all or part of The Service), you may use that functionality.

19.2 If you want to change your email address or postal address for service, you must notify us and the change will take effect from the date on which we confirm that we have changed your address.

19.3 To give notice for the service of court proceedings, a party must use a signed-for postal service which provides proof of delivery, or by courier, and must address that notice:

19.3.1 to us, addressed to the Managing Director, and sent to our registered office address; and

19.3.2 to you, to the most recent address which we have on file for you or, where no such address exists, to an address which we reasonably believe is linked with you. We may instead serve you by email, if we are not reasonably able to serve notice to you by post or courier.

20. General Terms

20.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organization, whether by assignment, novation or otherwise. We will tell you if this happens and will make sure it does not affect your rights under the contract.

20.2 This agreement is between you and us. You may not transfer your rights to someone else. However, we may take instruction from someone else that we think is acting with your permission.

20.3 This agreement is made under English and Welsh law. Any dispute, or any other matter arising out of or in connection with this Agreement (including non-contractual claims) will be decided in the English or Welsh courts. In addition to your rights under this clause, you may refer a dispute to our alternative dispute resolution scheme, of which details are available on our website, if:

20.3.1 you are a domestic or small business customer, as defined in Ofcom’s General Conditions of Entitlement;

20.3.2 the dispute is in connection with our provision of The Service to you; and you are entitled to refer the dispute to our alternative dispute resolution scheme.

20.4 To bring any claim arising from, or in connection with The Service or this Agreement, including non-contractual claims, a party must bring the claim within 12 months of the date on which the cause of action accrued. You must have exhausted our Complaints Policy (set out in clause 12) before bringing a claim.

21. Miscellaneous

21.1 A person who is not a party to this agreement has no rights under this agreement. This includes any users you may have.

21.2 If any part of this agreement is found to be invalid or unenforceable by any court, this shall not affect the other provisions of this agreement and those provisions shall remain in full force and effect.

21.3 If a party fails to exercise a right or remedy, this failure shall not prevent that party from exercising that right or remedy subsequently for that or any other incident.

21.4 A waiver of any breach or provision of this agreement will only be effective if made by email or in other writing.

21.5 Nothing in this agreement establishes any partnership, joint venture, or agency. You shall not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind us.

22. Last Updated

These Terms and Conditions were last updated on 8 March 2024.

23. After This Agreement Ends

Any features or services that are provided for free with or as part of The Service will end on the same day as the Agreement ends.