Brsk Home Broadband Terms & Conditions
This document outlines the terms and conditions for customers who have ordered a Brsk home broadband service, “The Service”. It will inform you about our service to you, how we provide the service, how either you or us can cancel the service, and what to do if there is a problem.
By using our services, you are agreeing to the terms and conditions set out below. These terms and conditions refer to, and are made up of the following documents which are available on our website:
- These Terms and Conditions
- Your Order Confirmation (emailed to you when you place your order)
- Our Price Book
- Our Fair & Acceptable Use Policy
- Our Complaints Code of Practice
If there is any conflict between these documents, the document at 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 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.
2. About you
You are our customer. Your name, contact details and delivery for The Service were captured when you placed an order and received confirmation by email. You are not a business and do not intend to use The Service for business purposes. As the customer, you are responsible
for paying for The Service.
3. How to contact us
You can contact us by logging a ticket on your brsk account portal, by emailing us at email@example.com, 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. You may be notified if any of these details change.
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 name and surname, a valid email address a valid contact number and payment details, 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 How we will accept your order. We will accept your order by email confirmation. When we do send you an order confirmation, these terms and conditions come into effect and become legally binding on you and us.
5.3 What you have ordered. Your order confirmation email will contain the details of The Service you have ordered which we agree to supply to you.
5.4 The contract term. Your contract term 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 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 Your right to cancel within 14 days. You have the right to contact us to cancel your order within 14 days of receiving your order confirmation. You must let us know in writing that you wish to cancel your order. You can do so by logging a ticket through one of our support channels or emailing us at firstname.lastname@example.org. If we have already completed an installation inside your home before the 14 day cooling off period, and you have started using The Service, we reserve the right to charge you for The Service received after the cooling off period on a prorate basis. We also may charge you for any applicable installation costs. If we have installed equipment inside your home, you must pay for the cost to return the equipment to us within 14 days of your cancellation. The contract will not end until the equipment has been returned.
5.8 Service availability. The Service is only available in the United Kingdom.
5.9 We reserve our right to cancel an order received without reason before we install our equipment and The Service is activated.
5.10 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 are the freehold owner of the property, you agree to allow us to access your property, to install our equipment in order to provide The Service to you. You are also responsible for obtaining any licenses and permissions that enable us to install, operate and maintain The Service. If you are the tenant of the property, or where the installation requires work to be done in the common property of a sectional titled scheme, you acknowledge that you have the consent from the freehold owner, landlord, trustees or agent managing the property that allows us to install our equipment, and that the freehold owner, landlord, trustees or agent managing the property obtains licenses 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. By ordering the service you acknowledge that if you or any applicable third party fail to obtain and 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 Contract and will be entitled to recover any costs or damages as a result of failure to obtain the said licenses, consents and permissions.
6.2 Arranging an installation. We will need to install our equipment inside your home for you to use The Service. You will be provided with the option to selfschedule 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.
6.4 Access to your property. Our installation teams will need to access your property in order to route the fibre cable from the closest demarcation point in the street, to your preferred location inside your home, 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 make contact with you to reschedule the appointment.
6.5 We will cause as little disturbance as possible. When performing the installation our teams will make every effort to cause as little disruption as possible. We will repair or replace, to your reasonable satisfaction, any damage that we, or our partners may cause inside your home.
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. In the event that 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, 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 his best to complete the installation. However, if he is 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 NonStandard Installation in this situation per clause 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 home and only require a Service activation, we will only activate The Service once an order has been placed and payment has been successful.
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 home. This equipment remains our property and is kept at your home. You are responsible for looking after the equipment whilst you are receiving The Service. We reserve the right to charge you for any repair or replacement in the event that the equipment is damaged. The equipment must remain at your home, it must be kept safe and plugged in even if you leave your home, 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, we will repair or replace it. If the equipment has been damaged or faulty due to your negligence, we will charge you for its replacement.
7.3 Relocating the equipment. If you want to move the equipment inside your home after the installation has been completed, you will need to pay for a reinstallation 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 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.
8.2 How we collect our monthly charges. We will collect our monthly fees by recurring credit or debit card so that your payment can be taken automatically each month. You can set up and manage your recurring card details by logging into your Brsk customer account portal. It is your responsibility to ensure that your card details are kept up to date. When you place your initial order for an installation into your home, you will be required to enter your card details. 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. We may introduce additional payment options from time to time.
8.3 Rolling term contract. Unless you have chosen a minimum term product, The Service will be a monthly rolling contract term and will continue on a month-to-month basis until cancelled by you. 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. Your monthly billing date might change from time to time, we will ensure you are notified and accept this before a change.
8.4 Price changes. We may increase our charges and fees annually to reflect any changes in the consumer price index (CPI) as published by the Office of National Statistics (ONS) during the previous 12 months. In addition, we reserve our right to review or introduce additional charges at any time. If we decide to change our prices, 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. Price changes will not apply to contracts that are still within a minimum term.
8.5 If you do not pay. If you do not pay us for The Service provided to you for whatever reason, we may:
8.5.1 Suspend The Service;
8.5.2 Require regular instalment 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 and make payment. If you fail to make payment after further written notice, we will terminate The Service within 3 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 will pass on changes in the rate of VAT. If there are changes to VAT while we are providing The Service to you, we will adjust the rate and they will reflect on your monthly invoice.
8.8 We can charge you interest. 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. The above will be payable together with any reasonable costs incurred by us to collect this amount. Interest shall accrue daily from the due date, until the date of actual payment. You may be charged interest, the overdue amount, and any cost to collect.
9 Using The Service
9.1 Acceptable use. You abide by our acceptable usage policies that are available on our website. The Service may only be used for lawful purposes, and you agree that we may monitor The Service including the type of traffic and traffic volume. We reserve the right to suspend or cancel The Service if The Service is being used improperly or negligently. We also fully reserve the right to remove improper material placed on our servers by you that may be harmful or not in the interests of our other customers.
9.2 You will be allocated a dynamic IPv4 address free of charge. This IPv4 address can be re-assigned to us, or to another Brsk customer 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.
9.3 You will be allocated a static range of IPv6 addresses free of charge.
9.4 Liability for breach of terms. You are responsible for use of The Services under these terms and conditions, whether you gave permission to another, or not. To this end, ensure you only allow access to The Service to people that you trust and accept responsibility for their use of The Services.
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 [email@example.com(mailto:firstname.lastname@example.org). 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 Wifi may vary due to the limitations of your home environment (e.g your home 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 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 end the contract because of something we have done. If you cancel for the following reasons and you have paid for The Service in full, but The Service has not been received, then we will refund you;
10.2.1 We have materially breached the contract;
10.2.2 We have stopped providing The Service for technical reasons, or inform you that we are going to suspend them for a period of more than 5 days;
10.2.3 We have made an error on the price of description of The Services you ordered and you do not wish to proceed;
10.2.4 We have told you about a significant upcoming change to The Services or these terms to which you do not agree, including a change to our prices.
10.3 You can end the contract 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 require a minimum of 30 days’ notice. If you want to cancel 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.
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 suspend The Service and end the contract immediately (and without giving you notice) if;
11.1.1 You materially breach any term of this contract and do not put things right within reasonable time.
11.1.2 You do not pay us when you are supposed to.
11.1.3 You use the network of 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 make use of the network for commercial or business purposes.
11.1.7 You threaten, verbally abuse or endanger our employees.
12 Complaints Procedure
12.1 We will do our best to resolve any complaint or dispute that you may have. All complaints must be lodged by emailing email@example.com. 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.
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 our Terms and Conditions
14.1 Reservation of the right to amend. We fully reserve the right to amend these terms and conditions as and how we see fit, within local, regional and national legislation. We further reserve the right to change our terms and conditions should there be any to any factor affecting our business or The Services we provide to you, the customer.
14.2 Notification of changes to terms and conditions. We shall ensure that all changes in terms and conditions are communicated to all affected customers in full, whereupon those affected shall be able to engage with us to receive clarity on how those changes affect them.
15 Moving home
You are required to inform us if you are moving home. If you are moving home, you are responsible for cancelling The Service with us. Remember to terminate The Service at least one billing cycle in advance of moving. If you move home 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 the specific terms and conditions that were included when you signed up. The equipment that has been installed inside your home should not be removed and should remain connected inside your property.
We aim to deliver a high-quality Service, but we cannot guarantee a fault-free Service. Should something go wrong, we want to help you restore The Service as quickly as possible. The support team will endeavor to identify the cause of the issue over the phone, email, or live chat as soon as reasonably possible.
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, the cost of repair will be for the your account. You may be charged 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.
We use reasonable endeavors to give you a minimum of five days’ notice by email should we need to conduct necessary maintenance and support work on our network, although this may not always be possible if the problem is urgent or an emergency.
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 We are not responsible for business or consequential losses. Brsk shall not be liable to you, under any circumstances, or incur any liability for the loss or damages which may arise or occurs as a result of the use of The Service, the fibre line, the equipment, the installation, maintenance or removal of the line and equipment where damage is direct or indirect, consequential or contingent and in particular Brsk shall not be liable for any of the following;
18.2.1 Loss of life,
18.2.3 Medical expenses,
18.2.5 Financial loss or financial support,
18.2.6 Loss of earnings/profit/income/revenue,
18.2.7 Loss of business goodwill,
18.2.8 Any other special damages, or
18.2.9 General damages incurred by the customer, any user, or any other person who may be using The Service and you indemnify Brsk against any claim or action as described above, which may be brought by any person in this regard.
18.3 You are responsible for maintaining the security of your internal network from unauthorized access or breaches of your network security.
18.4 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.
19 General Terms
19.1 We may transfer this agreement to someone else. By entering this agreement, you provide your advance consent that we may transfer our rights and obligations under these terms and conditions to another organization, whether by assignment, novation or otherwise. We will make sure we tell you if this happens and will make sure it does not affect your rights under the contract.
19.2 This agreement is between you and us. You may not transfer your rights to someone else. However, we might take instruction from someone else that we think is acting with your permission.
19.3 This agreement is made under English and Welsh law. Should we be unable to settle any disputes through our formal complaints procedure, then the dispute will be decided in the English or Welsh courts.
20 Last Updated.
These Terms and Conditions were last updated on 14 July 2021.
21 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. You will be required to continue with other services that you have signed up for from us, per the terms and conditions agreed with us.