These Terms of Service (“Terms”) may be updated from time to time so please check the Trooli website regularly. We will inform you by email of important changes to your Agreement.
Your Agreement is with Trooli. Trooli is a registered trading name of Call Flow Solutions Ltd (“Call Flow”). Call Flow is a company incorporated in England with the company registration 4366668. Our registered offices are situated at 1 Abbey Wood Road, Kings Hill, West Malling, Kent, ME19 4YT.
Your Agreement is made up of these Terms, your Service Confirmation, the Price Guide and Offer Terms (where applicable). We also encourage you to take a look at our Privacy and Fair and Acceptable Use Policies, which are part of your Agreement with us. You can find these documents here. This Agreement uses terms that have the following meanings:
- Trooli Broadband and Telephony Services, “Trooli Services” or “Services” or “Service”. The provision of Broadband Internet via full fibre to the premises. This may also include the provision of associated telephony services. The Services are provided for either Home use or Business use.
- Trooli Home Services. Trooli Broadband and Telephony Services that are provided for domestic use.
- Trooli Business Services. Trooli Broadband and Telephony services that are provided for business purposes.
- Account Holder. The customer named on the order form.
- Service Confirmation. This is the letter or email from Trooli that confirms your order and describes the Services that you have ordered.
- Offer Terms. The details for any special offer applied to your Service.
- Minimum Term. This starts on your Activation Date and is shown on your Service Confirmation. You must keep your Service for the whole of the agreed Minimum Term, unless you or we are allowed to end this Agreement sooner.
- Order form. The online or paper form completed by you as the person authorised to enter into this Agreement with Trooli.
- Service Activation Date. The date on which our Service Activation team has confirmed your connection is live and working to the agreed Service Demarcation point.
- Installation Demarcation Point. The junction between the part of the installation that is the responsibility of Trooli, and the installation that is the responsibility of the customer.
- Service Demarcation Point. The junction between the part of the Service (after Service Activation) that is the responsibility of Trooli, and the Service that is the responsibility of the customer.
- Equipment. Any hardware supplied to you by Trooli.
- Early Termination Charge. The fee that will apply should you wish to cancel the contract before the Minimum Term has expired.
- Price Guide. This sets out current pricing information, which is located online at trooli.com/priceguide.
1. JOINING US AND CHARGES
1.1 You are a customer of Trooli, which is a registered trading name of Call Flow.
1.2 The name and contact details on the order form belong to the person over 18 years authorised to enter into this Agreement. The address stated on the order is the location where our Service will be installed and activated for your use. The Agreement cannot be transferred to any other address or individual.
1.3 You must be the current occupier of the property and have permission of the property owner for us to install the Trooli Services at your address. You must provide access to your property if this is necessary for us to provide the Services.
1.4 Agreement start date. The Agreement starts when we accept your order. When you join Trooli we will agree certain details with you and set them out in your Service Confirmation. This document includes important information such as:
- Your chosen services and how much this will cost you per month
- The Minimum Term you have agreed to stay with us
- The Offer Terms where applicable
- The Demarcation Point to which Trooli installs the Service
- Additional services you have chosen as part of your package, when they start and end and when you will be charged for these.
1.5 The Price Guide sets out current pricing information. This includes the Tariff (billed for the month ahead unless we say otherwise), one-off charges, usage charges (billed after use), and any other charges for the Trooli Services provided to you or to someone who is authorised by you. All these charges will be added to your bill.
1.6 One-off charges. Delivery charges, router fee, connection, activation and installation charges may apply. You will be informed of these charges (if they apply) when you order the Services.
1.7 You will take a Home Broadband Service or a Business Broadband Service, and this will be stated clearly in your Service Confirmation. You must not use Home Broadband Services wholly or mainly for business purposes.
2. COOLING-OFF PERIOD AND SERVICE TRIAL PERIOD
2.1 In addition to your statuary 14-day cooling off period from day of order, we also provide a service trial period. The 14-day service trial period which starts:
- For Services, on the day of Service Activation.
- For equipment, on the day after we delivered it.
This service trial period does not affect your right to cancel as a result of problems with your broadband speed, as set out in paragraph 4.10.
2.2 If you cancel any Services or equipment orders within the cooling off period or the service trial period, you must:
- Pay for Services received up to the date that you told us you wanted to cancel.
- Pay any installation, connection or activation charges associated with that Service (including the full cost of charges that were discounted or advertised as free as a condition of taking Services on the terms that you agreed).
- Return any equipment we have provided.
2.3 If the Service you are cancelling is a package change, a re-contract or add-on to an existing Agreement, upon cancelling the Service we reserve the right to move you back to your previous Agreement terms or to the closest matching service.
3. SERVICE INSTALLATION AND ACTIVATION
3.1 Trooli Services will be supplied using a fibre optic cable all the way to your premises. This is called Fibre to the Premises (“FTTP”), or full fibre.
3.2 Installation Demarcation Point. Trooli will install your fibre connection to the outside of your premises, to a position known as the Installation Demarcation Point. Please refer to Trooli’s online Help Centre for information on where this Demarcation Point is typically located or contact our Helpdesk for assistance.
3.3 The Electronic Communications Code. We provide our Services over Electronic Communications Apparatus, including fibre optic cables and related equipment, which is placed in the public highway and in private property using rights granted to Call Flow as a Code Operator under the part of the telecommunications legislation known as the Electronic Communications Code.
3.4 Grant of permanent Wayleave. You accept that when you order a Trooli service, you grant Call Flow a permanent Wayleave at nil cost to Call Flow under the Electronic Communications Code. This permits Trooli or Call Flow to install its Electronic Communications Apparatus across the grounds of your premises up to the Installation Demarcation Point, and related equipment on your premises in order to connect your premises to our network. The wayleave also permits Trooli or Call Flow to keep the fibre optic cables and equipment there, and access it for maintenance. You should ensure that any future purchaser of your property is made aware of this Wayleave and the position of our fibre optic cables and equipment on your premises.
3.5 Order to installation timing. We want your Services to be up and running as soon as possible after we receive your order. Trooli endeavours to complete your external installation within four weeks of order. Most installations are completed sooner. Some may take longer for reasons that cannot reasonably be anticipated, such as blockages within the existing underground ducts in which your fibre optic cable will be installed. We will always keep you updated regularly on the progress of your installation via email.
3.6 Access to the Installation Demarcation Point. You must ensure that there are no obstructions outside that will prevent access to the Installation Demarcation Point on your installation date and thereafter. If the existing route to the property from the proposed Installation Demarcation Point is obstructed for any reason, Trooli reserves the right to change the Installation Demarcation Point to the boundary of the property or to where Trooli sees best fit for installation.
3.7 The internal installation options. You have two options for the internal installation, which extends the fibre optic connection cable from the Installation Demarcation Point to a suitable location inside your premises for your optical terminating equipment (modem) and router: 1) Independent Installation; or 2) Trooli Approved Installation.
3.8 Independent Installation. You, or an appropriate service provider that you have chosen and commissioned, will carry out the work to connect from the Installation Demarcation Point on the outside of your premises to the required location for your terminating equipment inside your property. You must read the Installation Guide we provide in the Trooli online Help Centre carefully before attempting the internal installation. You must not attempt to connect your modem and router boxes yourself; this must be done by a qualified Trooli installation technician once your internal installation is complete. The fibre optic cable is designed to be appropriately robust, however it is protecting very delicate glass fibre strands and therefore needs to be handled with care. If you damage the cable or other equipment you will be charged for replacements.
3.9 Trooli Approved Installation. The charge for Trooli approved installation is set out in the Price Guide or as otherwise agreed with us.
- You, or another person authorised by you who is over 18 years, will need to be present.
- Your internal installation will be carried out by one of our own Trooli installation teams. All Installation Technicians work to our agreed standards using our approved equipment.
- On the installation day and prior to commencing the installation, the technician will ask you to agree the route of the installation from the Installation Demarcation Point to the location of the modem and router, which will be within the same room in which the fibre enters the premises.
- Up to a maximum of 15m of internal fibre cabling will be provided to place the internal connection socket in a suitable location.
- The technician will drill a hole through your external wall, adjacent to the Installation Demarcation Point, and then take the cable from that point to the agreed location for the internal connection socket. The technician will connect your equipment, activate your Service and test the Service to ensure that the installation has been carried out correctly.
- Your internal installation works carry a 1-year warranty against defects but not damage.
- All cabling will be surface mounted on the most appropriate surface and with due care. By purchasing a Trooli Approved Installation, you accept liability for any minor cosmetic damage or damage to decorative finishes that may result from the installation.
- We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in relation to your installation service.
- Your technician will carry out a risk assessment before commencing any work. Please note the following safety rules which apply to all installations:
1. Technicians are not permitted to work at any premises unless a person over the age of 18 years and authorised by the Account Holder is present.
2. Technicians are not permitted to enter loft spaces or eaves cupboards unless they are correctly boarded and have a walk-in entrance and are not permitted to work in confined spaces.
3. Technicians are not permitted to use your ladders, stepladders, access equipment or tools.
4. Technicians are not permitted to lend their tools or equipment to you to complete parts of the job or any other work.
5. Technicians cannot disturb or work in the vicinity of areas where they believe that asbestos is present.
6. Technicians are not permitted to work above a height of 5m.
7. Technicians are not permitted to access flat roofs or roof structures.
8. Technicians cannot access underground structures, spaces or excavations or lift floor boards or drill through floors.
9. Technicians are not permitted to move your furniture.
10. Technicians are not able to perform specialist trenching or to install cables overhead.
3.10 Non-standard installations. A standard installation is one that follows the conditions set out in Section 3.9. If your requirements are not met by the standard installation, you must opt for an Independent Installation and find a suitable trades-person, such as an aerial installation company, who can complete the work for you.
3.11 Installation damage to your property. We will make good any damage to your property caused by us while installing your service. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the installation services. Trooli is not liable for minor cosmetic damage or damage to decorative finishes that may result from the installation.
3.12 FTTP Service Activation. If you have purchased the Trooli Approved Installation, the technician will endeavour to connect your router and modem and activate the service during the same appointment as the internal installation. If you have opted for the Independent Installation, you will need to arrange an appointment for the connection of your router and modem by booking an appointment on the Trooli website or by calling our Service Activation Team, before you can use your Service.
3.13 The Activation Fee is collected on your first bill and this is issued on the earlier of either (i) Your FTTP Service Activation taking place; or (ii) Two weeks after we have installed the Service to the Installation Demarcation Point and informed you that the connection is ready for service (relevant for Independent Installations only).
3.14 Damage to the cable or equipment. For the duration of this Agreement, if for any reason the cable or equipment beyond the Installation Demarcation Point to your router is damaged and needs replacing, you will be liable for all fees including engineer call out charges. You are also responsible for the upkeep of equipment from the Installation Demarcation Point onwards.
4. DURING YOUR AGREEMENT WITH US
4.1 Phone line. Trooli Services do not require a phone line, but you may wish to take a phone service from us. Please refer to the important information in Section 4, which tells you about what happens to your phone service in the event of a power failure.
4.2 Service Demarcation point. It is important to know where the responsibility for the Service is handed over from Trooli to you. All service issues beyond the Trooli Service Demarcation Point are the responsibility of the customer. The Service Demarcation Point is the router supplied by Trooli, with the router connected to the external fibre (the Installation Demarcation Point), which is usually on the wall external to the property, using a Trooli fibre patch lead. The ‘outside to inside’ fibre from this point remains your responsibility. The router is Trooli’s responsibility if in warranty and reset to the current standard settings as recommended by Trooli.
4.3 Service availability. We do not commit to providing the Trooli Services until we have successfully completed our checks and surveys. If the cost of installation and maintenance of the Trooli Services are excessive we reserve the right not to provide a Service to you.
4.4 Cancelling your current phone and broadband services. You may wish to cancel your previous telephone and/or broadband services with your service provider if the services are no longer needed. You must cancel these yourself directly with your service provider. We advise that you do not cancel any agreements until the Trooli Services are successfully activated. If you do not cancel your previous agreements, you will continue to be charged by both Trooli and your previous service provider(s).
4.5 Using the Services. Trooli Home Broadband Services are supplied only for non-commercial use. You must have a Trooli Business Services Agreement for a broadband service that is used wholly or mainly for business purposes. All Services are supplied in accordance with our Fair and Acceptable Use Policy.
4.6 Restrictions. You are responsible for other people that use your equipment and Services. You must not use our Services in any way that is unlawful or illegal in respect of the laws and regulations in force in the United Kingdom. Furthermore, you must not use our Services in any way that is to the detriment of other Internet users. For more information on using our Services and restrictions please review our Fair and Acceptable Use Policy. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the Services supplied under this Agreement, and you agree to indemnify us if we suffer any losses as a result of your misuse of our service.
4.7 Downloading third party content. A copyright owner’s permission may be required for downloading protected content. Downloading protected content without the copyright owner’s consent may constitute a criminal offence. Please see our Fair and Acceptable Use Policy.
4.8 Broadband Speed. We will supply the broadband speed that you have purchased. Most customers receive this full speed, measured in Mbit/s, at any time of the day, any day of the week. We guarantee to deliver this speed to your Service Demarcation Point within a 10% tolerance. Please note that devices connected by Wi-Fi to your router may not experience the full speed capability, either because of the physical limitations of wireless connections, or because your device may not be compatible with ultrafast speeds.
4.9 Factors that affect broadband speed within the premises. Upload and download speeds can be affected by the environment within the premises, including:
- The type of connection between router and your devices – wired connections are far more reliable than wireless (Wi-Fi) connections.
- The capability of your device or computer.
- The number of connected devices in your premises.
- The internal environment within your home or business premises.
4.10 Problems with broadband speed. If 14 days after your Service is activated you are consistently receiving broadband speeds lower than the product speed you purchased, please contact us so we can try to help. If, after following our recommendations, the speed being delivered to your Service Demarcation Point is still more than 10% lower than the product speed you purchased, you can end the Agreement without paying Early Termination Charges. However, we will not refund you for your use of our Service during the period between your Service Activation Date and you ending the Agreement.
4.11 Disruption to Services. To protect the network and its customers, Trooli will act to restrict your use of Trooli Services or equipment where it suspects that the use has contravened its Fair and Acceptable Use Policy, or where Trooli suspects that your equipment has been infected by a software virus or similar, or where Trooli suspects a Home Broadband Service is being used wholly or mainly for business purposes. These restrictions will help protect your own network and Trooli’s network.
4.12 Upgrade. If you request an upgrade or a renewal of your Agreement with us and we agree, you may need to agree to a new Minimum Term and you will need to pay the new charges applicable to that Agreement. Your new Minimum Term will not start until your new Service Activation Date.
4.13 Changes to your terms, Services or charges. We may change the Agreement, our Services, or charges at any time, and we will tell you beforehand. Charges for additional services may change from time to time and may be outside Trooli’s control so you will need to check our Price Guide for the latest prices. If we make changes we’ll tell you at least 30 days in advance by email or post of the changes happening, except where:
- The change is for legal or regulatory reasons.
- It’s a change that does not cause you any material disadvantage, but we’ll still let you know about the change (for example by updating this page, or publishing details on our website).
4.14 Your right to make changes. If you wish to make a change to the Service(s) which you have ordered, please contact us. We will let you know if the change is possible. If the change is possible we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Agreement (see Section 10) but Early Termination Charge(s) may apply as set out in the Price Guide.
4.15 IP Address. Trooli supplies the use of IP addresses to its customers and Trooli owns these IP addresses. Business Broadband Services include one static IP address that does not change. Home Broadband Services use IP addresses that can change.
5. YOUR MODEM & ROUTER EQUIPMENT
5.1 Equipment supply. We supply 1 modem and 1 standard wireless router under this Agreement, and the cost of these are included in your service activation charge. We want you to experience the best possible connection quality from your Trooli Service. We select our equipment carefully, and we regularly test our equipment against other routers on the market. Trooli only selects equipment that has comparable performance to the most popular routers but does not guarantee the performance is greater or equal to all routers on the market, or to previous routers you have used. Your Trooli equipment is supplied under the following terms:
- The equipment remains Trooli’s property for the duration of the Minimum Term.
- If you have a Home Service, you must use the Trooli Wireless Router and other Trooli broadband equipment where applicable to receive the Trooli Services. You must not use any other router.
- If you have a Business Service and you have also taken our Bridging Service option, you may use 3rd party equipment behind a Trooli-supplied Cisco router.
- The software in your Wireless Router may be updated periodically. You must allow this software to be updated. Updates will happen automatically at no extra charge. The updates are important to maintain or improve the Trooli Services quality and security.
- Trooli cannot guarantee that third-party equipment will work with the Service and therefore does not accept any liability for the operation of third-party equipment, nor does Trooli support any third-party equipment.
- If the Trooli Services are terminated (by you or us) prior to activation or during the cooling off period or due to any unavailability issue, you must return the broadband equipment you have received in the manner we request. Failure to return any such equipment when requested to do so may result in charges.
5.2 Care of equipment. You must look after any equipment we provide. We supply instructions for installation and care of the equipment; you must comply fully with these installation and care instructions and other advice that Trooli provides you.
5.3 Equipment Warranty. Your Wireless Router is supplied with a warranty against faults arising during the Minimum Term of your Agreement. If you report a fault with your Wireless Router after this Minimum Term you have two options:
1. Upgrade to a higher speed product and take out a new Agreement with a new Minimum Term and Trooli will supply new equipment.
2. Purchase a replacement router from Trooli. This router will have a warranty against faults arising in the first 12 months after supply. Please see the Price Guide for information on replacement equipment costs.
5.4 Not covered by the Warranty.The following are not covered by your Equipment Warranty: Faults arising from misuse, accidental or deliberate damage to your Wireless Router; damage arising from use of third-party equipment, extension cables and network equipment; cosmetic damage which does not affect the functionality of your Wireless Router; computer equipment, software and cables that Trooli did not supply to you and damage caused by events outside the reasonable control of Trooli or its equipment suppliers.
5.5 Reporting equipment faults. To report a fault with your Wireless Router, please call us. If a reported fault cannot be remedied by our support staff over the phone, then we will replace equipment within the warranty period. If your Wireless Router is replaced, you must return the faulty equipment in the manner we request.
5.6 Replacement equipment. Any replacement equipment supplied under the Warranty will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the later of the end of the original Warranty period or 3 months from the date it was supplied to you.
5.7 Equipment returns. If you are leaving Trooli before the end of your Minimum Term, your equipment must be sent at your own cost and undamaged and in its original packaging within 14 days of telling us you want to terminate your Agreement. When we receive the equipment, we’ll refund any equipment charges that you have paid less an appropriate amount (up to the full value of the refund) where the equipment is damaged.
5.8 Equipment upgrades. We may decide to upgrade your equipment as part of our ongoing improvements to the Trooli Services. Once you have received your replacement equipment, you must return your old equipment to us within 30 days in the manner we request.
5.9 Failure to return any such equipment. Failure to return Trooli’s equipment, whether in relation to Service termination, Faults, or Upgrades, when requested to do so may result in charges as set out in the Price Guide or Service restrictions.
5.10 Damage to equipment or data loss. Whilst any software or security features provided by Trooli should be effective, we can’t guarantee they always will be. We take care to prevent any software we provide from damaging your equipment or causing a loss of your data or content. You should back up your data to protect against loss or corruption. We can’t be responsible for any such damage, including but not limited to the following situations:
- You do not follow our instructions when using, downloading or installing our software.
- The configurations on your device or potential compatibility issues result in problems that we couldn’t reasonably be expected to be aware of.
- You do not have sufficient protection against computer viruses or fail to keep your anti-virus software up to date.
- The damage is due to defects in third party software, content or acts we couldn’t reasonably be expected to be aware of.
6. Telephone services
6.1 Retaining telephony over the copper line. You may opt to retain your traditional telephony Services over your existing copper line from Call Flow or another telecommunications provider.
6.2 Internet telephony and power outages or network outages. You may opt to switch off your traditional telephony services and instead use a service that provides telephony over the internet, such as VoIP. Your internet telephony service may sometimes be unavailable due to factors over which we have no control, such as a power outage. If there is a power outage within the Trooli network, you will usually be able to make and receive calls using the voice port for at least one hour. After this, you won’t be able to make or receive calls until Trooli has restored the power. If there is a power outage within your premises you will not be able to make and receive calls until your energy provider has restored power to your premises, unless you implement your own temporary power arrangements. It is important that you understand and agree this before switching off your traditional telephony services.
6.3 Emergency calls during a power outage or network outage. If you do not have a traditional telephony service that uses your copper phone line, calls to the emergency services numbers 999/112 will fail if there’s a power cut or if your Trooli broadband Service fails. You must explain this to anyone who may use your internet telephony service. You understand and accept that you should always have another way to call 999/112 emergency services (whether by using the existing copper wire phone line to your Home or another alternative).
6.4 Traditional telephone services from Trooli. You must authorise Trooli to act on your behalf in all dealings with Openreach (who are responsible for all copper lines) or any other third parties to transfer or supply the Service. You will also need to supply your own home or business telephone equipment. What we provide:
- The facility to make and receive phone calls.
- Additional call features included with your order.
- A phone number for the phone line we provide. We will try to keep your old phone number but cannot guarantee this. We may also have to change the phone number we provide to you if the national numbering plan changes.
6.5 Changes to your Trooli telephone plan and call features. If you want to change your call plan or call features you may request this at any time and the change will happen from your next billing date.This won’t affect your Minimum Term for the Service. Charges for the new call plan or call features are set out in the Price Guide.
6.6 Misuse of our inclusive plans. If we suspect you of using an inclusive call plan to support anything other than normal everyday home use (for example for telemarketing) we may suspend or end our Agreement immediately. In addition, we can on giving 30 days’ notice remove your inclusive call plan.
7. Paying for the services
7.1 You are responsible for the cost of all charges you incur whilst using the Trooli Services, whether you, as the account holder, or someone else, incurs these costs.
7.2 The Agreement requires you to pay for the monthly Tariff and usage charges for the duration of the Minimum Term as set out in your Service Confirmation. The Agreement start date is the date on your Service Confirmation. The Service Activation Date is logged by Trooli.
7.3 Billing. Your monthly charge is billed for the month ahead unless we say otherwise. Usage charges are billed after use and we will try to bill you at the end of the month in which you used the relevant Service (but sometimes there may be a delay from the point you used the Service before we add usage charges to your bill).
7.4 Payment method and timing. We will email you each month with your latest bill. You will need to pay for all charges within 14 days of the date of your bill. We ask that you pay by direct debit. Where VAT applies it will be included in the charges unless otherwise stated. Trooli does not accept cheques as a method of payment. You can request paper copies of past bills for a charge, which is set out in the Price Guide.
7.5 Changes to our prices. All prices are subject to change, unless your discounted price is guaranteed in the Offer Terms, upon Trooli giving not less than thirty days prior written notice to you.
- Your monthly Tariff will increase in April each year by a percentage equal to the Retail Price Index (RPI) data for January of the same year.
- We may also increase or decrease your charges if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing, including to reflect a change in the rate of VAT or other applicable taxation charge or levy, which affects your Trooli Services payment. We will use our reasonable endeavours to notify you before any price increase takes effect under this Condition.
7.6 Offer Terms. If you signed up to a discounted package, your Agreement will have Offer Terms. In this case your discounted price will last for the agreed period of the Offer. Once the Offer Terms period ends you will automatically move to our standard pricing for the package you selected, as defined in the current Price Guide.
To redeem the ‘We pay your bill’ promotion, please email a copy of your existing broadband provider monthly bill (and not any other fees) to firstname.lastname@example.org and the amount will then be taken off your first month’s Trooli bill
7.7 If you think we have made a mistake in our charges. If you think a bill is wrong, please contact us promptly to 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 correctly invoiced sums from the original due date (if applicable).
8. If you fail to pay
8.1 If you don’t pay your bill, we will send you a letter to remind you to pay. If we don’t receive payment within 7 days of the date of this first reminder we may suspend your Services. If, after a further 7 days, we have still not received payment, we may terminate the Agreement and cease your Trooli Services. We may ask a debt-collection agency to collect the payment on our behalf. If we do, you will also have to pay the reasonable costs incurred for the agency, which the agency will add to your debt.
8.2 Payment failure. If any payment method fails, we may add a failed payment charge as set out in the Price Guide to your next bill. If Direct Debit instructions are cancelled or fail, we may add a reinstatement charge as set out in the Price Guide to your next bill.
8.3 Late payment. If you pay late we’ll charge interest on the overdue amount of 4% above the base rate of HSBC Bank each year and you’ll also need to pay a reasonable administration charge if we don’t receive payment within 7 days your reminder letter.
9. Maintaining your service
9.1 Troubleshooting. We aim to deliver a high-quality Service, but we cannot guarantee a fault-free Service. When something goes wrong we want to help you restore the Service as quickly as possible. The Helpdesk team will endeavour to identify the cause of the issue over the phone, email, or live chat. Trooli also supplies trouble-shooter guides to test your line and run through some quick checks. You can find support guides on our website.
9.2 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 Helpdesk team will need you to connect a wired device to the router using an Ethernet lead – this will help them determine whether there is a problem with your Service, or whether the problem is caused by wireless interference between your router and your device(s).
9.3 Service quality. We aim to provide a high-quality, continuous service to the point of entry to your premises. We recommend you use a wired Ethernet connection to your main devices, such as a home computer, wherever possible. We cannot guarantee a high-quality wireless signal from your internal router equipment everywhere within your premises, as the signal quality is affected by factors outside our control. Our Helpdesk team can suggest consumer products that have been designed to overcome the issue of wireless distribution within the premises.
9.4 Engineer visits. Occasionally an engineer visit will be necessary to investigate or fix a faulty service. Engineer visits are free of charge if the problem is found to lie within the Trooli network using a Trooli computer that has been wired directly into the Service Demarcation Point and with the configuration as described in section 5.2. When you book an engineer visit, we will:
- Agree an appointment date and time window with you and will endeavour to contact you a minimum of two working days in advance where reasonably possible if this changes. You can change or cancel any appointment date but you must give us at least two working days’ notice.
- Explain that you, the account holder, or someone over 18 years with your authorisation to make decisions relating to the fault on your behalf, must be present.
- Explain and agree any pre-requisite requirements for the premises to ensure that the engineer can carry out the work.
- Explain that we can’t determine whether an engineer visit will be chargeable until the visit has taken place.
- If the visit relates to poor broadband speeds, we provide our expected target speed in advance of the testing, against which the testing will be compared.
9.5 Charges for engineer visits. You will be charged for the engineer visit if the fault lies on the customer side of the network, and these charges are set out in the Price Guide. A chargeable visit will establish the responsibility for the fault but will not fix it. You will also be charged in the circumstances listed below.
- You provide an incorrect address.
- Entry is refused to the premises, or access cannot be gained by the engineer.
- There is no person at the premises over 18 years and authorised by you to manage the broadband Service.
- We agreed pre-requisite requirements for the premises with you to carry out the work successfully, and these requirements have not been met.
- The engineer finds that the fault that you have raised is not related to our Services or equipment, or the reported fault was not present.
- The engineering visit is cancelled by the customer later than two working days before the appointment date.
- The issue could have been fixed using guidance already supplied by our Helpdesk over the phone or by email. A common cause of reduced service quality is the wireless connection from the router situated within your premises to your device(s). Many issues are resolved by connecting your device to the router using an Ethernet lead instead of Wi-Fi, and our Helpdesk will explain how to do this before arranging an engineer visit.
- An engineer arrives at the premises to carry out the work you requested, but you no longer wish the work to be carried out.
9.6 Fixing faults on the customer side of the network. If an engineer visit establishes a fault on the customer side of the network, the customer is then responsible for fixing the fault.
9.7 Non-availability of our Services. We use reasonable endeavours to give you a minimum of five days’ notice by email of necessary maintenance and support work on our network, although this may not always be possible if the problem is urgent or an emergency.
10. Our responsibility to you
10.1 Problems with our Services. We will provide our Services with reasonable skill and care and in accordance with good industry practice. If the Trooli Services are unavailable we’ll always look to put things right. Our ability to provide the Services is sometimes dependent upon other companies that provide Services to us. You acknowledge that there are factors outside of our control which will limit our ability to provide the Trooli Services to you.
10.2 Limitation of liability
- If we suspend the supply of your service for any of the reasons set out in 12.4, we will not be liable to you for the loss of service and we will charge you for re-activating your service at the end of the period of suspension.
- In the event of any failure in the Service, we shall not be liable to you for any charges incurred by you should you use an alternative means of connection to the internet.
- We are not responsible if you are not able to use the services because your equipment does not work properly, is not compatible with the system, does not conform to the relevant standard or does not meet the minimum specifications or because of faults in any 3rd party networks over which we have no responsibility.
- We have no control over the data which passes to or from you over the internet, and we are not responsible for any loss or damage to that data and we are not responsible for any loss or damage to your own equipment caused by the use of our service to access the internet.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
- We have no liability to you for any loss of profit, loss of business, business interruption, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, wasted staff time, losses or liabilities under or in relation to any other contract, nor any indirect, consequential loss or damage of any kind arising from this Agreement.
- We are not liable to you for consequential loss directly or indirectly arising from the use of, or loss of, the Services that is a not foreseeable or which arises from an event beyond our reasonable control. In the case of suspension of service due to our fault, your sole remedy is the payment of a refund for each such event. Subject to 8.1, 8.3, and 8.5 (whether such liability arises due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation) our liability for such refunds is limited to £200 in any 12-month period for each claim or series of related claims.
10.3 Network Outage. If a fault occurs on the Trooli network, we endeavour to diagnose and repair the fault in the shortest time possible. Business services have guaranteed maintenance on the next business day where the fault is within the Trooli network, but we endeavour to carry out maintenance on the same day. Telephone support for all Services is available 9am-6pm on business days and 9am-5pm on Saturdays.
10.4 Loss of service refunds. If you let us know you have suffered a continuous total loss of service for three or more days, and we can validate your claim, we will credit your account by a pro-rata amount of any subscription fees you have paid in respect of that period of loss of service, except where:
- The failure is due to an outage which is not isolated to your line, for example network wide outage, due to an occurrence outside Trooli’s reasonable control.
- We suspend your Service in accordance with our Agreement or you are in breach of any term of the Agreement.
- Through no fault on our part, we are unable to carry out any necessary work on your premises (for example where we can’t gain access to your premises, agree an appointment date or obtain all assistance or information that we require from you).
- The failure is due to other matters beyond our reasonable control, for example weather, force majeure, criminal acts of third parties.
11. YOUR INFORMATION AND CONTACTING US
11.1 Data accuracy. It is your responsibility to ensure the information you have supplied us is correct. You are liable for additional charges that result from providing us incorrect information that we act on.
11.3 Complaints. We want to resolve any complaints you might have. How we will do this is set out in our Code of Practice.
11.4 Contacting us. We may monitor or record online chats or calls made to or from Trooli. We do this for training purposes, to improve the quality of our customer support and to comply with Ofcom regulations.
- Telephone – 0800 358 7680
- Live chat – found on our website www.trooli.com
- Email – email@example.com
- Mail – Customer Services, Trooli, 1 Abbey Wood Road, Kings Hill, West Malling, Kent, ME19 4YT.
11.5 Giving us notice. You must give notice for ending the Agreement by either: writing to Trooli at the above address or emailing firstname.lastname@example.org.
11.6 Communicating with you. We will give notice to you via email. It is your responsibility to ensure we have an up to date email address.
12. Leaving us or suspending the service
12.1 These rights are in addition to any other legal rights you may have to terminate our Agreement. If you want to end the Agreement:
- Because you simply want to leave us. You will need to give us minimum 30 days’ notice by email. If you are outside your Minimum Term you can cancel at any time without paying an Early Termination Charge. If you are within your Minimum Term (but outside the Cancellation Period) you will need to pay Early Termination Charges as set out in the Price Guide. Other charges may be due as set in the Price Guide. We will continue to provide the Services and you’ll need to pay for all charges during this period.
- Because of the quality of our Services. If the Service is materially degraded for a minimum 14 days or if we don’t do something fundamental that we should have done under this Agreement within 7 days of you asking us in writing, you may be able to leave the Agreement early without paying a termination charge. Please contact us to discuss your options.
- Because of changes. If (i) we increase your Tariff (by more than the annual inflation-linked charge set out in 3.7); or (ii) materially change our Services or the Agreement, except where any increase is required by law or any regulatory authority, you will have a right to leave the Agreement early without paying a termination charge. We will let you know if this is the case and what to do before the changes are made. If you take no action within 30 days of us telling you about the changes you will be considered to have accepted those changes.
12.2 If someone else requests that we end our Agreement (for example a provider you’re transferring to) we will accept that notice and will send you a letter advising that we have received notification that another service provider has applied to take over the Service.
12.3 If you cancel your Direct Debit without contacting us to arrange payment by alternative means, we may assume you want to end our Agreement.
12.4 If we want to suspend our Services or end the Agreement and termination charges apply. We may suspend our Services (other than access to the emergency services) or end the Agreement if any of the following apply. If you are within the Minimum Term you will have to pay Early Termination Charges as set out in the Price Guide:
- We reasonably believe you have provided us with false or misleading details.
- You don’t pay any charges on time.
- You repeatedly request your bank to chargeback payments that you are not disputing.
- Any misuse of the Trooli Services by you or any third party or the use any of our Services in a way that may damage or affect the operation of our network.
- You become bankrupt or make an arrangement with creditors.
- A licence under which you have the right to run your telecommunications system and connect to the Trooli system is revoked, amended or otherwise ceases to be valid and is not immediately replaced with another valid licence.
12.5 If we want to suspend our Services or end the Agreement and termination charges do not apply. There are two cases where we may suspend our Services (other than access to the emergency services) or end the Agreement, and the Early Termination Charge does not apply:
- Our ability to continue to provide the Service to you is materially and adversely affected because: (i) any of our telecommunications carrier(s) or supplier(s) ceases to provide services to us; or (ii) any authorisation required by us ends or is changed; or (iii) it is not commercially viable to supply the Services to you; or (iv) the service is no longer technically viable.
- If asked to do so by regulators or if required by law. We may end the Agreement if we are permanently unable to provide our Services to you.
12.6 We will usually give you 14 days’ notice before suspending or stopping our Services or ending the Agreement, and work to resolve any issues with you. However, we may not give this notice if there is a material risk of loss or harm to us or our other customers (for example, where there is a reasonable suspicion of fraud or other abuse).
12.7 If we suspend the Services we may charge a line restriction fee as set out in the Price Guide. We shall also be entitled to recover from you all costs, losses and expenses incurred by Trooli.
13. Moving House
13.1 If you move to a new house during the Minimum Term. Please let us know at least 30 days in advance of your moving date, and we will terminate the services on the moving date. If you wish to have Trooli Services at your new address, we will conduct a services availability check. If we are able to provide the Services to your new address, we will set up a new Agreement with you, with a new Minimum Term. Activation charges may be applicable for connecting the Trooli Services to your new house (for example if a new phone line or fibre cable is required). You will be subject to Early Termination Charges for the Agreement to supply Services at your old address. Other charges may be due as set in the Price Guide.
13.2 If you move to a new house outside the Minimum Term. Please let us know at least 30 days in advance of your moving date, and we will terminate the services on the moving date. If you wish to have Trooli Services at your new address, we will conduct a services availability check. If we are able to provide the Services at your new address, we will set up a new Agreement with you, with a new Minimum Term. Activation charges may be applicable for connecting the Trooli Services to your new house (for example if a new phone line or fibre cable is required). Please see our Price Guide for details.
14. After the agreement ends
14.1 If this Agreement is ended by you or us, for whatever reason, you will have to pay all charges up to the date of termination of your Trooli Services. If you have paid any charges in advance we’ll refund you for any services not used, but we’ll first take off any money you owe us under our Agreement. For security or compliance reasons we may not hold your payment details after our Agreement has ended so you agree that we may make these refunds by cheque.
14.2 Any features or services that are provided for free with or as part of the Service(s) will end on the same day as the Agreement ends. You may continue to keep certain features or services if you agree to pay any relevant charges set out in the Price Guide or as otherwise agreed with us.
15. PARTIES, TERMS, LAW
15.1 You accept that the Agreement is between you and us; no one else can enforce it. However, we may take instructions from a person acting with your permission. We can transfer the Agreement to another company provided this does not adversely affect your rights under the Agreement.
15.2 Unenforceable terms: Each of the paragraphs and sub-paragraphs of our Agreement operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs and sub-paragraphs will remain in full force and effect.
15.3 Delays: If we delay in taking any steps under our Agreement against you in respect of you breaking our Agreement, that doesn’t prevent us taking steps against you later.
15.4 After our Agreement, the following Sections of this Agreement apply even once the Agreement has ended: Section 3 (Cancellation period), Section 8 (If you fail to pay), Section 10 (Our responsibility to you), Section 11.2 (Complaints), Section 14 (After the agreement ends) and Section 15 (PARTIES, TERMS, LAW) apply even once the Agreement has ended.
15.5 Laws and courts that apply: English law applies to our Agreement and claims between us will be brought in the English courts.