Brsk Residential Service Terms and Conditions

We are Brsk ISP Limited, trading under the name “brsk” with company registration number, 13853894 and registered office is at Unit H The Courtyard, Tewkesbury Business Park, Tewkesbury, United Kingdom, GL20 8GD.

These are the terms (“Terms”) on which we supply our residential broadband service to you. Please read them carefully. These Terms tell you who we are, how we will provide our residential Service to you, how you and we may change or end our Agreement, what to do if there is a problem and other important information.

Services are provided using a full fibre connection to the Home. This is different to the copper-based connections that have historically been used to supply the majority of broadband services in the UK. One of the differences is that a full fibre connection requires mains power in the Home to support the connection. If there is an interruption to the mains power (e.g. a power outage or the mains supply is otherwise turned off), the connection ceases to work and the broadband, phone service, and any other over-the-top solutions (e.g. telecare monitoring) will no longer function. It is essential that you inform us if you rely solely on your broadband for call access and/or you have a telecare monitoring or other lifeline services before placing your Order by using the contact details provided at clause 19.4 in the Terms below. Where you have a telecare monitoring or other lifeline services, it is essential that you don’t cancel your current service in advance of our Service installation.

1. Our Agreement

1.1 Ordering. You must be at least 18 years old when you place an order with us. You accept that by submitting an Order, you have placed an Order with us for Services in accordance with these Terms. When you place an order, you must provide us with the physical address of 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 at an address 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.

1.2 Order Confirmation. You can place an Order for the Service through our website or, where available, through one of our sales representatives in person or by telephone, by setting up a user account with the details provided by you. Our acceptance of your Order will take place when we email you an Order Confirmation, at which point an agreement will come into existence between you and us. Your Order Confirmation contains all the details of the Service you have ordered, which we agree to supply to you, according to these Terms. We reserve the right to cancel an Order received without reason before we install our Equipment and before Service activation.

1.3 Documents making up our Agreement. You acknowledge that our Agreement comprises of the following documents:

• These Terms
• Our Order Confirmation including any promotional terms stated within it (the email we send you when we accept your Order)
• Your Order
• Our Price Book
• Our Acceptable Use Policy
• Our Customer Complaints Policy
• Our Privacy and Cookie Policy

together, these documents form our “Agreement”. If any of these documents contradict each other, a document higher up on the list above takes priority.

2. Term of our Agreement

2.1 Term of Agreement. Your Service will be for the Fixed Term period described on your Order which we have confirmed in our Order Confirmation. The Fixed Term will start on the date on which you start receiving the Service. You must pay for the Service for the duration of any Fixed Term unless either you or we end our Agreement earlier. A Fixed Term Package will become a Monthly Rolling Package at the end of the relevant Fixed Term unless you purchase a new Fixed Term Package. The Term is aligned with your billing cycle which runs from the date the Service was initially activated and thereafter on the same date each month (“Billing Cycle”). We may change your Billing Cycle from time to time and, if we do, we will notify you in advance.

2.2 Cancelling your Monthly Rolling Package. A Monthly Rolling Package has no Fixed Term commitment and no Early Termination Charges but does require you to give at least 30 days’ notice that you want to end it.

2.3 Cancelling your Service during a Fixed Term. You can cancel the Service at any time during the Fixed Term if you choose to do so. Early Termination Charges will apply to any termination within the Fixed Term. If you wish to cancel your Service during the Fixed Term, you will need to give us 30 days’ notice.

2.4 Cooling-off Period. You may cancel the Service and this Agreement by calling us or writing to us at support@brsk.co.uk or logging a ticket on your account on the brsk customer portal, without paying any Early Termination Charges within a 14 day “Cooling-off Period” which starts the day after the day on which brsk sends you the Order Confirmation. The Cooling-off Period doesn’t apply to additional Services you may Order from us or to any changes you ask us to make to your Services. If you cancel this Agreement before the Cooling-off Period has ended, you will have to pay us for any telephone charges, Equipment costs which are not free under the package you Ordered. If you cancel this Agreement within the Cooling-off Period, you must send back to us any Equipment which we have sent you to the address set out in clause 14.1 within 14 days of you cancelling your Order. If you don’t, you will have to add the cost of such Equipment to the amount we need to charge you following any cancellation during the Cooling-off Period.

2.5 Existing services. We support Ofcom’s One Touch Switching (OTS) process, which allows you to switch your existing services to us without needing to contact your current provider. By confirming your Order with us, you authorise us to manage the OTS process on your behalf. We will confirm the activation date of your Service in writing. If there is likely to be a delay, we will keep you informed and take reasonable steps to resolve any issues as soon as possible. Until the OTS process is completed and Service is successfully activated, you will need to continue paying your current provider for your services. We are not responsible for any charges you may incur from your current provider during the transition period, including any fee your current provider may charge for cancelling your existing services.

3. Installation

3.1 Standard Installation Charge. If you don’t already have a working brsk connection in your Home when you place your Order, provided you have the legal right to do so, you will allow a brsk engineer to access your Home (or obtain consent from the person who has the legal right to do so) to install one so you can connect to our network. When you place your Order, you will be able to select an installation date or if you are not able to schedule an installation at the time of placing the Order, we can contact you to arrange a suitable time. We will confirm this installation date and time with you via email. A Standard Installation Charge will apply if you don’t have a working brsk connection in your Home when you place your Order. 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. Unless otherwise stated or agreed with you, our Standard Installation Charges are as per our Price Book.

3.2 Non-standard Installation. If you don’t already have a working brsk connection in your Home when you place your Order and additional work is required by brsk to complete your installation, brsk will need to complete a survey of your Home and provide you with a quote for Non-standard Installation Charges (if any) before completing your Order. If you wish for us to complete your Order by proceeding with the non-standard installation, provided you have the legal right to do so (or obtain consent from the person who have the legal right to do so), the quoted Non-Standard Installation Charges will apply and your Order will be updated. The basis on which we determine what is a standard installation and a non-standard installation is described in our Price Book. We will confirm an installation date and time with you via email. If you agree to go ahead with the non-standard installation, the agreed Non-standard Installation Charge will be confirmed to you in writing and will be taken as part of your first monthly payment. If you do not wish to proceed with an Order having been quoted for the Non-Standard Installation Charges, you will not be charged any fees for the survey.

3.3 Activation Charge. If you already have a working brsk Broadband Network Equipment in your Home when you place your Order, a brsk engineer will not need to install one. However, to connect to our network, we will have to undertake work to activate your Service. When you place your Order, we will confirm this activation date and time with you via email. We will activate the Service after installation has been successfully completed and where applicable, Activation Charge has been received by us.

3.4 Contact details. Our installation team will contact you by phone or by writing to you at the email address provided by you when you placed the Order for the Service, to let you know when they will arrive at your Home, or when they are able to deal with any unexpected problems or delays. You can contact our support team at any time if you have a query about your installation by logging a ticket on your account on the brsk customer 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. We may send you updates and announcements via email, text message or through an app from time to time.

3.5 Risk assessment. We will do our best to achieve your installation at the arranged time. Before any installation, we need to carry out a risk assessment. If we discover that it’s not possible to carry out the installation for safety reasons, because there’s no one over the age of 18 at the property, or due to the complexity, lack of materials or otherwise, we’ll let you know and make alternative arrangements.

3.6 If the installation cannot be carried out as arranged. If we have been unable to contact you, re-arrange access to your Home, or complete your installation, we may end the installation and/or this Agreement. If we cancel the installation or this Agreement because of things you have done or not done (including failing to obtain consents and permissions to carry out the installation at your Home) which prevent us fulfilling this Agreement, we may charge you for the reasonable costs we have incurred.

3.7 Changes to your requirements. Please note that if you change your requirements, this may affect your eligibility for a standard installation. If there has been an error in assessing the criteria for your installation, which means you do not qualify for standard installation, the technician will inform us, and we will discuss and agree with you how to proceed and the charges which may apply.

3.8 Upgrades. You can upgrade the Service at any time via your account on the brsk customer portal at any time during the month. The Service will be upgraded following your request. You will pay the prorated amount for the outstanding period that is left on your current Billing Cycle and you will pay for the upgraded Service in advance at the start of the new Billing Cycle.

3.9 Downgrades. Downgrades take place at the end of your current Billing Cycle. If you are on a Rolling Monthly Package, you can notify us of the downgrade of the Service at any time in the month via your account on the brsk customer 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. If you're on a Fixed Term Package, you will not be able to downgrade the Service for the duration of the Fixed Term.

4. Access to your Home

4.1 Access. You confirm that you are the current occupier of the Home and are either the freeholder or a tenant under a lease with legally binding permission from the freeholder for us to install the Equipment and provide the Service there. Unless you tell us in writing that you do not have such authority, you hereby agree to give us access to your Home together with all necessary permissions to carry out work at your Home and connect, maintain, change, replace, inspect or remove Equipment and to supply the Service. You or a person given permission by you (must be aged 18 or over) will either be at your Home when our engineer visit or will give our engineer access to your Home on your behalf. Note that we work with approved third-party installation partner engineers. You may contact us should you wish to verify their identities or query your installation. If we need to reschedule a visit to your Home because you’re unable to provide us with such access or permissions, we will reschedule the visit and you may be charged a fee for rescheduling your appointment. We will notify you of such fee and seek your agreement to pay the same, prior to carrying out the rescheduled installation.

4.2 Your co-operation. You agree to cooperate with us as reasonably required to connect you to our Services. We will cause as little disturbance as reasonably possible when carrying out any work at your Home. We agree to repair any damage that we cause at your Home, subject to other terms of this Agreement. Any such repairs will not include any redecoration work that is necessary after we have fitted our Broadband Network Equipment.

4.3 Space and Power. You must provide (at your own expense) appropriate space, power, ducting and environment at your Home for us to install and maintain the Equipment and provide the Services. If you need the Service to continue uninterrupted following a power failure because it is your sole means of contacting the emergency services using telephone numbers 999 and / or 112 and /or have telecare or other lifeline services provided using your broadband connection at your Home you must inform us and we will ensure that you have an appropriate Equipment before you switch your service to us. Where you have an alternative means of contacting the emergency services at your Home (e.g. mobile) and want your Sevice to operate in a power outage, you must provide back-up power which meets relevant British standards. Where you have an alternative means of contact the emergency services at your Home in a power outage and you choose to supply your own technical solution to provide an alternative means of enable call access to the emergency services using telephone numbers 999 and or 112 (999/112), we will not be liable for faults arising in the Service or Equipment because of a power failure.

4.4 Wayleaves. We are unable to install our Equipment and provide our Service until we have all the necessary consents and permissions we need to do so. If we have to cross your land or install, maintain and operate our Equipment at your Home, you hereby provide us with your consent to do so (and you agree to do your best to obtain any such consent from another person if it is required). Before we install our Equipment and provide our Service, you will provide us with any additional consents in the form of a wayleave agreement (an agreement which gives us the right to install, maintain and operate and remove our Equipment over someone’s land) suitable to us if such additional agreement is required. If you can’t provide us with the consents, permissions (including wayleaves) we require under this clause or clause 4.1 above, we may end your Agreement with us.

5. Our Equipment

5.1 Broadband Network Equipment. If our Broadband Network Equipment is already installed at your Home prior to you placing an Order, we will provide you with the necessary Equipment to use the Service, together with setup instructions and details of how we will activate your Service. Any Equipment installed at your Home remains our or our affiliates’ property and must be kept at your Home.

5.2 Equipment. The number of Equipment we will provide to you will depend on the Service you have ordered from us as described in our Price Book. Where any of our Services include the provision of multiple routers as part of our standard service package, our engineers will determine what Equipment you require during your installation appointment and the cost of any such routers will be included in your standard charge. Any additional Equipment you require will be charged at the rates described in our Price Book. We will retain legal ownership of all Equipment provided by us.

5.3 Repair of faulty Equipment. If any Equipment we provide to you is faulty, we will repair or replace it free of charge unless the fault was caused because of something which happened while the Equipment was in your care. You will need to return any faulty Equipment to us at our current address or as advised to you from time to time.

5.4 Your responsibility for our Equipment. You will take good care of any Equipment at your Home. You must ensure the Equipment is connected to a permanent power source otherwise the Services will not function. You must not tamper with the Equipment and must not sell or transfer it to anyone else or remove it from your Home. You must promptly provide us with any information which we ask for about the location of the Equipment. You will not damage or interfere with any Equipment or prevent the use of or easy access to it. If any such Equipment is damaged other than through fair wear and tear, we can charge you for the cost of having it repaired or replaced.

5.5 Your responsibility for your own equipment. If you wish to use your own equipment with our Services, you are responsible for ensuring that that equipment is of an appropriate specification and set correctly to use with our Service. We will not be liable for any loss or damage arising from any use of your equipment in connection with the Service. You are entirely responsible for the security of your equipment, your information technology systems and network and the accuracy, reliability and stability of stored information.

5.6 Router specification and corrective firmware We reserve the right to push corrective firmware to any Equipment we have supplied to you as part of your Service where this is needed to help us manage your Service or for any technical or security reasons. You must allow us to update or replace the software and/or firmware to any Equipment we have supplied in this way. These updates will happen automatically and at no extra cost to you.

6. Broadband Speeds

6.1 Advertised speeds. We guarantee to meet the estimated upload and download speeds provided in your Order Confirmation.

6.2 Network speed. The actual speed and performance of your Service will depend on various things, some of which are outside of our control. Using Wi-Fi enabled devices makes it easier to access our Services across your devices but will mean a slower Service speed than if you were using an Ethernet cable due to limitations of Wi-Fi technology.

6.3 Your right to end our Agreement. If the download speeds to your Equipment consistently fall below the minimum download speeds we have said we would deliver and we are unable to fix the problem within 30 days, you will be entitled to end your Agreement without paying an Early Termination Charges. Please note that we must be given the opportunity to fix any speeds issues you may be experiencing by way of, for example, remote fixing and engineer visits before you are entitled to leave your Agreement and/or obtain a refund in accordance with this clause.

6.4 Device Compatibility. You need to ensure that your electronic devices within your home are compatible with the guaranteed speeds advertised. If the devices you own are not compatible, but we are able to prove these speeds are being achieved to your Equipment, then you will not be eligible to cancel or downgrade your Agreement without paying Early Termination Charges.

6.5 Service Interruption. Service interruptions do sometimes occur. Where we need to interrupt your service for planned works, we will endeavour to inform you in good time. We will also do our best to avoid peak periods and work at speed to restore your service. In emergencies (where, for example, there has been damage caused to our underground or overhead fibres), we will seek to restore service as quickly as we can and keep you informed of our progress as we work hard to repair the cause of the fault.

7. Charges and Invoicing

7.1 Price Book. Our charges are as set out in our Price Book. We collect all charges other than out of package call charges monthly in advance. Call charges will be collected monthly in arrears (after you have incurred them). Our charges are exclusive of VAT which will be shown on our bills.

7.2 Fixed Term Packages. Where you have purchased a Fixed Term Package, you agree to accept and pay for the Service for the Fixed Term, a period which begins on the date we activate your Service. If you change your Agreement during the Fixed Term, your price may change and a new Fixed Term will apply. Once we have issued an Order Confirmation and the Service is installed, our monthly charges will start to apply. The 14-day cooling-off period will not apply to any changes or upgrades to an existing package.

7.3 Price changes Our Price Book for Monthly Rolling Packages may be amended at any time if (i) we update our Services or Equipment to enhance your experience, (ii) our costs increase; or (iii) there’s a change in law, code of practice, regulation or guidance. If our prices are to change in circumstances other than as set out in clause 7.4 below, we will give you at least one month’s notice and you will be entitled to contact us to terminate our Agreement if you do not agree to accept our price changes within such one-month time period.

7.4 Annual Price Increases. Annual price increases will not apply to Fixed Term Packages. Where the Fixed Term of your Agreement has expired, the charges payable for your Monthly Rolling Package may increase each year in accordance with the Consumer Price Index (CPI) plus 3.9%. Our charges will not decrease if there is a reduction in CPI. By way of an example, if your standard charge for your Monthly Rolling Package was £24 per month and CPI had increased by 5% over the prior calendar year, your standard charge for your Monthly Rolling Package from 1 March onwards will increase by £2.14 to £26.17 per month. We will give you at least one month’s notice of such change while our adjusted charges will also be shown in our Price Book with effect from the date of the change. If you do not agree to accept our annual price changes, you will always remain able to terminate your Monthly Rolling Package in accordance with clause 2.3 on one month’s notice.

7.5 Electronic invoices. We will provide you with a monthly invoice showing the breakdown of charges for the Service.

7.6 Payments. Unless we agree otherwise, all payments must be made by direct debit. We may remove or introduce additional payment options from time to time. You can set up and manage your recurring payment details by logging into your account on the brsk customer portal. It is your responsibility to ensure that your payment details are kept up to date. Your first payment will include either the Standard Installation Charge, the Activation Charge or the Non-Standard Installation Charge described in our Price Book. If your activation date is different from your chosen billing date, we may charge you a prorated amount for the days between your activation date and your first billing date.

7.7 Third party charges. We are not responsible or liable for any charges from other organisations (such as telephone or content providers) which you may incur while using our Service.

7.8 If you do not pay. If you do not pay us for our Service when you are supposed to, we will notify you and request you to log into your account on the brsk customer portal to update your payment details and make payment. If you do not pay, we may suspend or restrict supply of the Service until you have paid us or terminate our Agreement in accordance with clause 13.1. We will not suspend the Service where you dispute the unpaid invoice provided that you pay any non-disputed part of the invoice by its due date. To re-start the Service, you will be required to pay any outstanding amounts. We reserve the right not to provide you with the Service or any service until we receive any outstanding payments.

7.9 Additional charges for paying late. If you are late in paying, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. Interest will accrue daily from the due date until the date of actual payment of the overdue amount. You will also be responsible for paying all reasonable costs of debt recovery proceedings we incur to recover any debt you owe under this Agreement, including fees charged by any debt collection agency we use.

7.10 What to do if you think we have made a mistake in our charges. If you think an invoice we have issued is wrong, please let us know and we will not charge you interest until we have resolved the issue. Once the dispute is resolved we will charge you interest on overdue correctly invoiced sums from the original due date.

7.11 Credit checks. By placing an Order, you agree to us or third parties acting on our behalf carrying out credit checks on you using the information that you provide during the ordering process.

7.12 Monthly Usage Limits. Our Services may have monthly usage limits which are described in our Acceptable Use Policy. If you go over any of these limits, we may charge you for excess usage.

7.13 Online bills. You will receive bills online directly into your email inbox. If you want paper or braille bills, just ask us and we will send them to you. We may charge you for paper bills, but we'll tell you about the additional charge beforehand.

8. Using our Service

8.1 Acceptable Use. You agree to abide by our Acceptable Use Policy.

8.2 Treating our people with dignity and respect. We understand that customers can occasionally get frustrated if they experience problems with the services we provide. However, you must always treat our people with dignity and respect. You must not treat our staff in a way that is abusive, threatening or otherwise disrespectful.

8.3 IP addresses. You will be allocated a dynamic IPv4 address free of charge. We may change the IPv4 address allocation at any time. It may also be placed behind a Network Address Translation (CGNAT) system at our discretion. If you want a public static IPv4 address, you can place an order and pay a monthly fee for it, subject to availability. You will be allocated a static range of IPv6 addresses free of charge. We may change the IPv6 address allocation at any time. You do not own any IP addresses which we allocate to you. Any IP addresses we allocate to you remain our property. Unless terminated earlier in accordance with the Terms, BetterIP Service will terminate automatically when this Agreement terminates or expires in respect of the Service. BetterIP Service can be terminated at any time by us or by you on written notice to support@brsk.co.uk, even if the Service is within the Fixed Term.

8.4 Recording calls. We may record calls to and from our customer service centre (including marketing calls) to help us with training and to prevent identity fraud. Any information we collect from you will be in accordance with our Privacy and Cookie Policy.

8.5 Residential Use only. The Service and the Equipment we provide to you under this Agreement must not be used, and you must ensure that anyone who uses the Service does not use the Service for commercial or business purposes, other than homeworking. We may monitor the Service including the type of traffic and traffic volume to detect or prevent breaches of our acceptable use policies.

8.6 Restrictions on Use. You must not allow any third party to use the Services on a permanent or regular basis. In particular you must not re-sell the use of the Services to any third party.

8.7 Service Levels. When providing the Service, we will use the reasonable skill and care expected of a competent electronic communications service provider. However, it is practically impossible to provide the Service entirely free of faults, and we do not guarantee to do so. Your internet access and speed may vary from time to time. We will not be held responsible for any reduction in speed caused by your own equipment or devices. You can report a fault to us via your account on the brsk customer portal or by emailing us at support@brsk.co.uk.

8.8 Intellectual Property Rights. All intellectual property rights in software (in whatever form) and/or materials we provide you with in connection with the Service or our Equipment will remain our property, or the property of the person who has granted us a licence for that software or materials (our licensor). We will grant you a non-exclusive licence to use the software and materials for the purpose of using the Service or Equipment and for no other purpose. You cannot transfer the licence.

8.9 Your use of Software and Materials. You must treat the software and materials described in clause 8.8 as confidential information and when our Agreement ends, for whatever reason, you must immediately return all copies of the materials and software to us and delete any copies from any computer or other device or cloud storage service. You must not reproduce the software, except for archiving or back-up purposes and will not adapt, modify, translate, reverse engineer, decompile, alter or otherwise tamper or interfere with the software (except where the law allows this) or create work derived from or based on any of the software or any document accompanying it.

8.10 Maintenance. We are responsible for repairing and maintaining our communications network, the Equipment and the Service. When you report a fault, we will use our reasonable efforts to restore the Service. We can charge, and you must pay, a service fee (at our current charging rates at that time) if any repair or maintenance work is needed because of you misusing, neglecting or damaging the Equipment or the Service, a power failure, you accidentally or intentionally disconnecting the Equipment, you failing to keep to any part of our Agreement, or a fault in, or other problem associated with, your own equipment or any apparatus or system not run or provided by us.

9. Suspending the Service

9.1 Maintenance Work. We may need to interrupt or suspend the Service for a range of reasons including to carry out work to maintain, repair or upgrade our network or Services, in an emergency to protect a service to a hospital or other essential services, to prevent injury to people or damage to property, to comply with the law or to deal with security threats. We will do everything we reasonably can to reduce the effect on you of any disruptions to our Services, but we can’t guarantee a fault-free Service at all times. If any such suspension lasts for more than 3 days, we’ll adjust the price so that you don’t pay for Services during any suspension period. Any adjustment will appear as a credit on your next invoice.

9.2 Suspension due to your actions. We may suspend the Service if you do not pay us (see clause 7.8), if you do not comply with our Acceptable Use Policy (see clause 8.1), if you break our Agreement or if you break any laws which apply to the use of our network. If we suspend or end our Service, we’ll tell you what you need to do to have it restored. You will continue to be liable for and must continue to pay our charges during the period of the suspension. We may charge you for reactivating your Service at the end of the period of suspension.

10. Our liability to each other

10.1 We are not liable for losses caused by matters beyond our reasonable control. Sometimes we may not be able to do what we’ve agreed because of things beyond our reasonable control. We are not liable or responsible for any obligations under this Agreement which occur due to things or matters beyond our reasonable control. Events beyond our reasonable control include extreme weather conditions, power failures, natural disaster, fire, subsidence, epidemic, pandemic, strike or labour disturbance, the actions (or failure to act) of local, regional or central government, highways authorities or other official authorities, legal or regulatory restrictions, terrorism, war or civil disturbance, and a third party’s delay in supplying, or failure to supply, any service, or Equipment (where their actions or failures resulted from circumstances beyond their reasonable control). There may be other reasons too. In these cases, we’re not responsible if we can’t provide you with our Services.

10.2 We are not liable for losses which are not foreseeable. We are not liable to you for any loss or damage you suffer which is caused by matters which are not foreseeable. Losses and damages are foreseeable if either it is obvious that they will happen or if, at the time the Agreement was made, both you and we knew it might happen.

10.3 We are not responsible for your equipment. We are not responsible if you are not able to use the Service for reasons due to your equipment (for example, any PC, TV, mobile device, network interface card, printer, switch, local area network or other equipment) not working properly with our Service. We are also not responsible for any loss or damage to your own equipment caused by using our Service.

10.4 We are not responsible for information passing over our network. We have no control over the data (including content) which passes to you or from you over the internet and/or our Service, and we are not responsible for any loss, damage or corruption of that data or content or the consequences of any such loss.

10.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for any fraud or fraudulent misrepresentation.

10.6 We are not liable for certain losses. We have no liability to you for any loss of business, loss of profit (whether direct or indirect), loss of income, for any business interruption, loss of opportunity, loss of or corruption of data, loss of goodwill or for any indirect and consequential loss arising from our Agreement.

10.7 Maximum liability for loss or damage to property. Subject to clauses 10.1 – 10.6, our maximum liability to you for loss of or damage to your physical property arising from our negligence or breach of this Agreement shall not exceed £50,000.

10.8 Maximum liability for other losses. Subject to clauses 10.1 – 10.7, our maximum liability to you for all claims arising under this Agreement (whether such liability arises due to negligence, breach of contract, or for any other reason) is limited to 125% of the amount you have paid in charges in the 12 months preceding your claim excluding VAT.

10.9 Indemnity. You agree to indemnify and compensate us for any costs, claims, damages, and other liabilities we may incur from third parties as a result of something you do (or don’t do) in relation to our Agreement, including your failure to comply with this Agreement.

10.10 Mitigation. You must always try your best to reduce any losses, damage or costs you may incur.

11. Changes to our Agreement

11.1 Minor changes to the Service. From time to time, we may change our Services to reflect, for example, a change to a law or regulation or responsibility that applies to us, to introduce new features or to change the way we provide our Service, to introduce new Equipment or to change Equipment, to implement technical adjustments, features and improvements or to deal with an unforeseen event.

11.2 More significant changes to the Service and our Agreement. We may also make other more significant changes to our Services, Equipment or to our Agreement from time to time. If we do make significant changes to our Services, Equipment or if we need to make changes to our Agreement, we will notify you and you may then contact us to end this Agreement in accordance with clause 12.2 below before the changes take effect.

12. Your rights to end our Agreement

12.1 You can always end your Agreement with us. You can end our Agreement at any time by giving at least 30 days’ notice by contacting us via your account on the brsk customer portal, by emailing us at support@brsk.co.uk or by writing to us at Unit H The Courtyard, Tewkesbury Business Park, Tewkesbury, UK, GL20 8GD. We will confirm when the Agreement and the Service we provide to you will end and charge you a prorated amount for the days, if any, outside of your Billing Cycle. If you terminate this Agreement during a Fixed Term, other than where such termination is due to a failure by us or as permitted in accordance with Clause 12.2 below, you will need to pay us the Early Termination Charges provided in clause 12.3 below.

12.2 You may end the Agreement because of something we have done or are going to do. You may end our Agreement without liability to us where we have advised you of an upcoming change to your Service or these Terms that do not benefit you, is of a purely administrative nature and has no negative effect on you, or is directly imposed by law and you have given us notice to end the Agreement within one month of us telling you about the change.

12.3 Early Termination Charges. If you decide to stop receiving a Service under a Fixed Term Package (other than because you have a right to do that without paying an Early Termination Charge) within the Fixed Term, you will have to pay an Early Termination Charge. This is not a penalty charge. It covers the Service costs that we incur for the remaining part of the Fixed Term that you agreed to when you purchased the Service. Early Termination Charges only apply where you cancel your package within your Fixed Term. A summary of the monthly Early Termination Charges together with details of how these are calculated are provided in the Price Book.

13. Our rights to end our Agreement

13.1 When we may end the Agreement. We may end our Agreement and the Service we provide to you at any time by notice to you in writing and without liability to you if (i) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due; (ii) you fail a credit check, or the bank, debit or credit card details you gave us are invalid and/or incorrect; (iii) where we can’t provide the Service to your Home by the expected connection date for any reason (including where you do not provide us with access to provide installation services after a second visit); (iv) where any licence, permission or other approval you or we need to connect to our communications network provide the Service has ended, been withdrawn, been restricted or has stopped being valid, and has not been immediately replaced by a new licence, permission or approval giving you or us the necessary rights; (v) the details you gave us to enable us to provide the Service were significantly wrong or incomplete; (vi) where we determine you are in breach of our Acceptable Use Policy; (vii) you have failed to meet a material obligation (a significant requirement) of our Agreement and the matter cannot be put right; (viii) you engage in abusive, threatening or harassing or otherwise inappropriate behaviour towards our employees, representatives or agents; or (ix) you are in breach of this Agreement (other than a breach covered by clause 13.1(i) above) and you fail to fix the breach within the 30 days’ of written notice from us telling you that you are in breach of our Agreement.

14. Return of Equipment

14.1 Returning Equipment. When this Agreement ends for any reason, or you cancel your Order, you must return to us all Equipment we supplied to you to provide the Service within 14 days of the end of your Agreement or cancellation. Equipment shall be returned to us at our current address or as notified to you from time to time. We will pay for the cost of the return of the Equipment by providing you with a pre-paid postal package.

14.2 Condition of Equipment. You are responsible for ensuring that any Equipment is returned to us in good working order and undamaged. We will test any returned Equipment and if any are damaged other than through fair wear and tear, we will charge you the full replacement value and may recover those charges using your usual method of payment.

14.3 Costs if you don’t return Equipment. If you don’t return all Equipment within 14 days of the end of your Agreement or cancellation, or if any returned Equipment is damaged other than through normal wear and tear, we will charge you for the full replacement value of such Equipment and may recover those charges using your usual method of payment.

14.4 Broadband Network Equipment. Any Broadband Network Equipment installed will remain on your property and is not to be returned to us under clause 14.1.

15. Moving

15.1 Moving to a site inside our Broadband Network Service Area. If you move to an address within the Broadband Network Service Area during a Fixed Term and we are able to provide the Service to you at your new address, providing you agree to a new Fixed Term for your Services at your new address, you will not pay any Early Termination Charges. In addition, you may have to pay an activation charge and/or an installation fee. If you decide that you do not wish to continue with the Service at your new address and you are within your Fixed Term, Early Termination Charges may apply up to the amount of the remaining charges for the Fixed Term.

15.2 Moving to a site outside our Broadband Network Service Area. If you are moving to an address that is not within a brsk broadband network service area during a Fixed Term then you may still have to pay any Early Termination Charge 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 Equipment.

16. Confidentiality.

16.1 Confidentiality. When you or we exchange confidential information (information which you or we mark as confidential or which is clearly confidential) relating to the other, the receiver of that confidential information (the receiver) will keep such confidential information private and confidential. We may give your confidential information, to the extent necessary and in strict confidence, to our employees, agents, affiliates and subcontractors who are involved in providing or using the Service, as the case may be. The receiver will not release any of the provider’s confidential information to any other person without the provider’s permission in writing. The confidentiality obligations in this clause will not apply if any court, government or regulator requires the receiver to reveal the confidential information (but only to the extent required by law). The confidentiality obligations in this clause do not extend to confidential information which (i) becomes available to the public in a way other than through the receiver’s negligence or failure to meet an obligation under this Agreement (ii) the receiver already knew before the provider gave it to them; or (iii) which was given by a third party who did not receive it in confidence. This clause will remain in force after our Agreement or any part of it ends.

17. Privacy and Data Protection

17.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy and Cookie Policy which is available for you to read on our Website.

17.2 Our Privacy and Cookie Policy. Please take time to read our Privacy and Cookie Policy which applies to the use of your personal and other information by us and our group companies.

18. Telephone Services

18.1 We may not offer all features of a traditional phone line. You understand that our telephone service may not offer all the features you may expect from a traditional phone line. Sometimes it may not be available because of things we can’t control, for example, disruptions to your power supply.

18.2 Phone numbers. Any phone numbers we allocate to you do not belong to you. You do not have any rights in the phone numbers. You must not try to register any of our phone numbers as a trademark, service mark or web address, whether on its own or with some other words or trading style. You are not entitled to sell or transfer any phone number allocated to you, except where allowed by law.

18.3 Our right to withdraw number. If necessary for commercial, operational or technical reasons, or in order to meet the requirements of any relevant authority, we can change or withdraw any phone number or code, or group of phone numbers or codes, allocated to you. We will not be liable for any costs, inconvenience or losses you suffer as a result of any such change or withdrawal. We will use our reasonable efforts to give you reasonable notice of the change or withdrawal.

18.4 Ofcom classifications. If we allocate you a number which falls within a range of numbers which Ofcom (or any other relevant authority) classifies as being for a particular type of service, you must make sure that any service you provide on that number is in line with its classification. In particular but without limitation, you must ensure at all times that your use of any number allocated to you is in accordance with Ofcom’s “National Telephone Numbering Plan” and the “Non provider Numbering Condition” (in each case as updated or varied from time to time). We may suspend or terminate any number allocated to you if you are utilising such number in breach of this clause.

18.5 Emergency Services. Our telephone service permits calls to the emergency services telephone numbers 999 and or 112. It should be noted that calls to any of these services will not connect if there is a power cut in your premises and/or the internet service line providing your premises fails. If you are not solely reliant on your broadband connection for call access to the emergency services using telephone numbers 999 and or 112 and / or have telecare or other lifeline services provided using your broadband connection because you have chosen to retain your existing copper wire phone line to your Home, you have access to a mobile phone that has good indoor coverage and / or have access to any other alternative, a power outage will not affect these call services and / or telecare or lifeline services that use that connection. It will not be necessary for us to provide a technical solution to ensure our Service provides call access to the emergency services in the event of power cut.

18.6 Registration of your address. Where we provide you with phone lines and numbers, each number is associated with a particular site. Such phone numbers have a ‘calling line identity’ (“CLI”) identifying that site. The CLI is given to the emergency services so they can find the location of anyone who calls 999 or 112 emergency services from the line. If you move the phone number to another site, the CLI the emergency services get when anyone calls 999 or 112 from that number will be that of the original site and so the emergency services will not know the caller’s correct location and may go to the wrong location. If you move the phone number, you must provide a phone facility with a CLI for the site the number has been moved to. We will not be responsible for any loss, damage or injury caused as a result of the phone number being moved from the original site.

18.7 Number Porting. We will take reasonable steps to help you if you want to move your phone number from our network to another provider’s network or from another provider’s network to ours if you tell us you want to do this when you place your Order or want to leave. Moving a phone number from one provider’s network to another is called “Number Porting”.

18.8 Number Porting Process You’ll tell your existing provider that you want to move your phone number and find out what they need you to do to in connection with this. Sometimes Number Porting isn’t possible. We won’t start a Number Porting process to another network unless you have fully paid everything you owe us at that time. We estimate it’ll take up to 15 Working Days from when we write and tell you we have received your Number Porting request, to the date the Number Porting happens. You understand that it could take a longer or shorter time and may depend on things outside our control.

18.9 Number Porting Date. If you are moving your phone number to our Network, we’ll send an email to your Registered Email Address telling you this date (the “Porting Date”). You can use your number with your existing service until Number Porting of your old number has happened after the Porting Date.

18.10 Porting Delays. If you ask for Number Porting, the new and old network providers need to work together to get the new network ready for your phone connection. We call things they need to do the “Activation Steps”. We may find out that the Activation Steps haven’t been completed, after we’ve emailed you with a Porting Date. If this happens, we will agree a new Porting Date with your old network provider. We’ll send you another email to your registered email address with this new Porting Date, which will replace the previous Porting Date. If we need to change your Porting Date in this way, you can’t treat it as a delay or as us mishandling the Number Porting and we won’t have to compensate you for changing the date.

18.11 Our mishandling of your Number Porting. If you are moving your phone number to our network and we have genuinely mishandled your Number Porting, please contact us and we will resolve your complaint in accordance with our Customer Complaints Policy.

18.12 Call Limits. Our Acceptable Use Policy applies to all calls you make using our telephone service. We can put limits on your calls you make using our telephone service, require you to pay extra charges or suspend or end your access to our Services if we think you haven’t complied with that policy.

19. Other important terms

19.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement (including any sums owed to us by you or which may become due to us) to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not disadvantage you or result in a reduction of your rights under this Agreement.

19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.

19.3 Promotions. Unless you have ticked the relevant box on the Order, or you have told us otherwise in writing, you agree to be involved in any press release, promotional material or case studies relating to our Agreement which we reasonably request.

19.5 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Agreement or make any changes to these Terms.

19.6 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will continue in full force and effect.

19.7 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not enforce these Terms against you straight away, or if we delay in taking steps against you in respect of your breaking this Agreement, it will not prevent us taking steps against you at a later date.

19.8 Terms which remain in effect after termination. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.

19.9 All of the Terms are included. Your Agreement with us sets out everything we are agreeing between us about our providing you with your Services. It replaces any previous agreement or understanding between you and us about those Services or any warranty or other terms which are implied by law.

19.10 Termination won’t affect prior rights. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.

19.11 Disputes. If there is a dispute between you and us in connection with our Agreement, and you and we cannot settle the dispute between ourselves within 30 days of giving the other notice of the dispute, you or we may refer the dispute for arbitration, or to the courts of England. While the procedure set out in this clause is being followed, and during any legal proceedings which may be ongoing or pending, you and we will both continue to meet our obligations under this Agreement, but nothing in this clause prevents you or us from ending this Agreement in line with these terms and conditions.

19.12 Which laws apply to this Agreement and where you may bring legal proceedings. These Terms are governed by English law, and you can bring legal proceedings in respect of the Service in the English courts unless either party refers the matter to arbitration in accordance with Clause 19.10.

19.13 Complaints. We are fully committed to dealing with all complaints, fully and fairly, and within a reasonable time. Our Customer Complaints Policy explains how to make a complaint and how to escalate a complaint further, if required.

19.14 How to contact us. Details of how to contact us are maintained on the ‘Support”, “Help” and “Contact Us” pages of our Website.

19.15 How we may contact you. If we need to contact you regarding your Service, we will do so by phone or by writing to you at the email address or postal address you provided to us in your Order. We may send customer service announcements to you by email, WhatsApp or SMS text message. Please ensure that you tell us immediately if any of your contact details change.

20. Definitions

For the purpose of our Agreement, the following terms have the following meanings:

“Acceptable Use Policy” means our fair and acceptable use policy which can be found on our Website.

“Activation Charge” means a one-off charge levied at the commencement of Service of an amount described in the Price Book.

“Affiliate” means in respect of either you or us (as applicable), any holding company and any subsidiary company, or subsidiary of such holding company, or where such holding company is a co-controlled company any of its holding companies or its subsidiary companies (as defined in Sections 1159 of the Companies Act 2006);

“Broadband Network Equipment” means the equipment we install from the connection point outside the Home to the internal network termination point which enables connection to our network and which remains our property at all times. This may include any overhead fibre optic cables and underground fibre optic cables and ducts and the internal network termination point.

“Broadband Network Service Area” the geographical area within the United Kingdom where brsk’s Services are available to customers.

“Controller” has the meaning set out in the GDPR.

“Early Termination Charges” means the early termination charges described in the Price Book payable when you terminate your Agreement within a Fixed Term.

“Equipment” means the equipment we supply to you, including the Broadband Network Equipment, as an essential part of providing the Service (including upgrades or replacements and additional Services) which will be our property at all times. This may include the broadband router, the fibre box (ONT), power adaptors, TV Box, BetterWifi mesh, battery back-up or other suitable technical solution (subject to eligibility) telephone equipment and ethernet cables.

“Fixed Term” means the duration of the Fixed Term Package which you have Ordered and which we have confirmed in our Order Confirmation.

“Fixed Term Package” means a Service you have Ordered which we have confirmed in our Order Confirmation which is for a Fixed Term.

“Home” means the premises or property described in your Order at which the Equipment is or will be installed and at which our Services will be performed.

“Monthly Rolling Package” means a Service provided on a rolling monthly basis.

“Non-standard Installation Charge” means a one-off charge levied at the commencement of Service of an amount described in the Price Book.

“Order” means an order for the Service made by you either via our Website or by telephone describing the details of the Service you require (and the term “Ordered” shall be construed accordingly).

“Order Confirmation” means an email confirmation of your Order in which we accept your Order.

“Price Book” means our price book for business customers which can be found on our Website.

“Service” means the broadband, TV and any additional services described in our Price Book which is Ordered by you and provided by us as shown in your Order Confirmation.

“Service Credits” means any amount, as set out in our Service Level Agreement, we will credit against the charges if we fail to meet the levels of service set out in the Service Level Agreement.

“Service Level Agreement” means our service level agreement set out in the Schedule 1 to these Terms.

“Standard Installation Charge” means a one-off charge levied at the commencement of the Service of an amount described in the Price Book.

"TV Box" means the brsk set-top-box which allows you to use the TV service.

“we”, “us” or “our” are references to Brsk ISP Limited trading under the name of ‘brsk’.

“Website” means the brsk website.

“Working Day(s)” means any weekdays excluding Saturdays, Sundays and public holidays in the United Kingdom.

“You” and “your” are references to you, the customer of brsk.

Last updated 1 December 2025.