Terms & Conditions
Please carefully review these Terms and Conditions as they contain crucial information regarding the service, its usage, limitations, and the agreement between you, the customer, and Eagle Broadband. This document outlines how to manage your account, make changes or terminate your contract, subscription, Minimum Contract Period, or Fixed Contract End Date, as well as your Consumer Rights.
In summary, we bill in advance for the service and will only provide it to customers who pay their bills on time and adhere to legal and ethical standards, refraining from any activities that abuse the system or degrade service quality for other users. While we strive to deliver the best service possible, please note that due to the nature of the internet as a shared resource, we cannot guarantee performance.
If your application is approved, you must agree to these Terms and Conditions to utilize the Service.
It is imperative to understand the strict restrictions regarding the use of the provided SIM card. It is a condition of service that any SIM card provided by Eagle Broadband must exclusively be used in the equipment supplied by Eagle Broadband to the Subscriber. Using the SIM card in any other 4G- or 5G-enabled device may result in substantial data overage charges or other fees for premium services, as acknowledged by the Subscriber.
Furthermore, the SIM card provided by Eagle Broadband is strictly for use within the United Kingdom. Any usage of the broadband connection outside of the UK may incur significant additional data roaming charges.
Depending on the service provided, Eagle Broadband will invoice the Subscriber for any agreed one-off upfront charges related to the provisioning of the ordered broadband service, including but not limited to external antennas, internal combo Modem/WiFi Routers, installation and setup, unique SIM cards and account activation, delivery charges, and any additional equipment ordered by the Subscriber.
These Terms and Conditions apply from February 1, 2024, onwards until updated.
Sections of the Terms and Conditions include:
Interpretation
Service Accounts
Managing Your Account
Username(s) and Password(s)
Charges and Billing
Title to Equipment and Other Goods, Liability of Risks
Warranty, Support & Service Calls
Service Provision
Service Parameters, Packages, Fair Use Policy, and Performance
Installation
Code of Practice for Complaints Handling and Dispute Resolution
Internet Service
Unacceptable Or Inappropriate Use
Other
Breach of Contract
Consumer Contract Regulations
Duration of Contract, Minimum Contract Period, and Account Upgrade
Early Termination Charge
Termination of Contract
Indemnity
Giving Notice
Entire Contract
Law and Jurisdiction
Please review these sections thoroughly for a comprehensive understanding of your rights and obligations under this agreement.
Interpretation
1.1. Throughout this Contract, unless context requires otherwise:
1.2. "Network Operator" refers to an organization or company operating and/or owning a 4G, 5G, or satellite network through which Eagle Broadband delivers broadband services to Subscribers. Examples include Vodafone, O2, EE, Three, Starlink, OneWeb, or similar entities.
1.3. "Eagle Broadband" refers to Eagle Broadband, headquartered at 6 Harrier Close, Calne, Wiltshire SN11 9UT, or any trading name associated with Eagle Broadband.
1.4. "Account," "Your Account," or "My Account" pertains to the Subscriber, Service, and associated account details registered by the Subscriber and provided by Eagle Broadband to deliver the Service.
1.5. "Activation Charge" signifies the fee required to establish a new Account. The "Re-activation Charge" is the fee for reinstating a terminated but not yet deleted Account.
1.6. "Broadband Service Provider" denotes the company offering the Service.
1.7. "Charges" refer to fees payable by the Subscriber, details of which are accessible in the ‘Price Plan’ section of our website.
1.8. "Content" encompasses any data, information, graphics, video, sound, music, photographs, software, or other materials provided to Subscribers as part of the Service.
1.9. "Contract" constitutes these terms and conditions, along with any referenced documents, encompassing the Charges for the Service, as well as any Promotional and Special Offer Terms and Conditions applicable to specific orders and subscriptions.
1.10. The "Early Termination Fee" (ETF) represents the amount due upon terminating the agreement before the Minimum Contract Period expires or the Fixed Contract End Date is reached.
1.11. "Equipment Set" and "Equipment" are interchangeable terms referring to the internal combo 4G or 5G Modem/WiFi Router.
1.12. "Fair Use Policy" outlines guidelines regarding monthly data usage implemented by Network Operators to maintain network performance by preventing excessive and inappropriate use by certain users.
1.13. The "Fixed Contract End Date" signifies the contract's end date established when the Subscriber's Service is initially activated.
1.14. "ICCID" denotes the unique identifying number of the SIM card utilised by the Subscriber to access the Service.
1.15. The "Minimum Contract Period" (MCP) is the duration agreed upon by the Subscriber for utilizing the services of Eagle Broadband, as specified during account setup or renewal. This period may be defined by a set timeframe from initial activation or renewal or by a Fixed Contract End Date.
1.16. Terms such as "Minimum Contract Period," "Early Termination Charge," and "Minimum Notice Period" adhere to OFCOM definitions.
1.17. The "Minimum Notice Period" (MiNP) refers to the notice duration required by Eagle Broadband from the Subscriber when submitting notice.
1.18. "Service" denotes the Broadband Service facilitated by any Network Operator, serving as a means of accessing the Internet or any other services provided by Eagle Broadband, subject to change or addition over time.
1.19. The "Start Date" signifies the date when the Subscriber accepts these Terms and Conditions by agreeing to purchase the Service or related items via phone or email communication.
1.20. "Subscriber" refers to the individual or legal entity with whom Eagle Broadband enters into this Contract.
1.21. "Ts & Cs" or "Ts and Cs" are synonymous with "Terms and Conditions."
Service Accounts
2.1. To utilize the Service, the Subscriber must have an open Account, thereby accepting the Terms and Conditions.
2.2. Each Account provides a unique Username and is associated with a specific Equipment Set, including the SIM card with a designated ICCID.
2.3. Subscriber Billing Details, such as Direct Debit information and in certain cases Card Payments, must be linked to each Account.
2.4. Each Username/Account is linked to a single connection, Equipment Set, and installation.
2.5. Multiple connections or Equipment Sets require separate Accounts; a single Username/Account cannot have multiple Equipment Sets.
2.6. Accounts classified as Personal are solely for domestic use, with monthly subscriptions payable via Direct Debit from a personal bank account.
2.7. Businesses opting for the Service for commercial use must select an Account from the Business range, with monthly subscriptions payable via Direct Debit from a business bank account.
Managing Your Account
3.1. Account management occurs online through email communication only.
3.2. VAT Invoices are accessible by contacting us and requesting the information to be emailed across.
3.3. Subscribers can review their account status, contact details, ICCID number of the SIM card, and other relevant information by contacting Eagle Broadband.
3.4. Ensure spam filters are configured to accept emails from Eagle Broadband to receive important notifications, such as invoice reminders.
3.5. Credit/debit card or Direct Debit mandate details must be kept up to date to avoid payment failures and service disruptions due to non-payment.
3.6. Subscriber information provided to Eagle Broadband must be accurate and promptly updated to reflect any changes.
Username(s) and Password(s)
4.1. Subscribers receive unique usernames and passwords to access their equipment. It's the Subscriber's responsibility to ensure the security and proper use of these credentials.
4.2. Unauthorized attempts to change usernames or circumvent safeguards are prohibited. Forgotten passwords can be reset upon request.
4.3. Eagle Broadband reserves the right to change passwords or suspend username/password access if security breaches or misuse are suspected.
4.4. Subscribers must report any unauthorized use of usernames or passwords immediately.
Charges and Billing
5.1. Subscribers agree to pay Charges for Equipment, Installation, Account Activation, and other setup-related items as specified in the order.
5.1.1. Subsidized pricing for initial setup elements is conditional upon subscribing to a monthly broadband or sim plan offered by Eagle Broadband and complying with the associated contract's minimum term.
5.1.2. Failure to subscribe to a monthly broadband plan from Eagle Broadband or non-compliance with the contract's minimum term renders the Subscriber fully liable for any price difference between subsidized and full pricing for setup elements.
5.1.3. The differences between subsidised pricing and full pricing of elements associated with set-up are set out in the ‘Price Plan’ section on our website.
5.2. Subscriber also commits to paying the Charges for the Service and any other associated items as outlined in all communications.
5.3. To ensure uninterrupted service, Subscriber must maintain an active Direct Debit mandate with their bank, allowing Eagle Broadband to automatically draw payments for the Service. Subscriber is responsible for keeping payment method details current and active to avoid service withdrawal due to non-payment.
5.4. Eagle Broadband does not have access to Subscriber's card details or Direct Debit information, as these are securely held by transaction processors, GoCardless, respectively.
5.5. Activation and initial Charges are due on the Start Date.
5.6. Subsequent Charges are payable at same date of each new month unless otherwise notified by Eagle Broadband.
5.7. Access to the Service is contingent upon payment of charges due on the Start Date and ongoing charges, thereafter, processed through the payment method specified on the Account by Subscriber. The frequency and number of subsequent charges are determined at the time of the latest Service order.
5.8. Failure to remit payment will result in access to the Service being frozen.
5.9. An automatic annual increase, typically implemented every April, may be applied to monthly charges based on the Consumer Prices Index (CPI) rate published by the Office for National Statistics in March.
5.10. If an Account lapses or is terminated, it may be possible to reactivate it by paying a Re-activation Charge, equal to the Activation Charge in effect at that time. If the Account has been completely deleted, a new Account must be created, potentially incurring a full Activation Charge.
5.11. Unless specified otherwise, all Service Charges are inclusive of Value Added Tax at the UK rate of 20%.
Title to Equipment and Other Goods, Liability of Risks
6.1. Eagle Broadband retains ownership of purchased Equipment Sets and other supplied goods until payment is made in full, which is the full length of the initial contract period at time of signing up to the service.
6.2. If any Equipment Set or goods are installed under funding from a government subsidy scheme, ownership never transfers to the Subscriber. In such cases, if the Subscriber relocates, all funded equipment must remain for potential use by future occupants.
6.3. Upon delivery, all risks associated with the Equipment pass to the Subscriber, who is responsible for insuring against loss, theft, or damage.
Warranty, Support & Service Calls
7.1. Equipment warranty typically operates on a "Return To Base" basis, requiring faulty Equipment to be returned to Eagle Broadband for testing, repair, or replacement.
7.2. Eagle Broadband may opt for "Advance Replacement," providing a replacement before receiving the suspected faulty Equipment, at its discretion.
7.3. In the case of Advance Replacement, Subscriber may be invoiced for the replacement Equipment's value until the suspected faulty Equipment is returned to Eagle Broadband.
7.4. Returned Equipment must be securely packaged in its original box and suitable outer carton.
7.5. Eagle Broadband will provide a returns label, which can be printed or a QR code to be scanned at the Post Office.
7.6. The Warranty period matches the Minimum Contract Period agreed upon by the Subscriber, extending if the contract is renewed.
7.7. Eagle Broadband is responsible for repairing or replacing Equipment during the Warranty period, except when damage results from Subscriber negligence, misuse, or violation of the Agreement.
7.8. For installations provided by Eagle Broadband, external equipment warranty aligns with the Minimum Contract Period, excluding wind or impact damage.
7.9. External installation warranty is the installer's responsibility if not provided by Eagle Broadband.
7.10. Accessories warranty should be pursued directly from the manufacturer unless supplied and invoiced by Eagle Broadband.
7.11. Support is limited to equipment directly supplied and invoiced by Eagle Broadband unless otherwise specified.
7.12. Support is available through phone, email, or letter to the customer service team at Eagle Broadband.
Service Provision
8.1. Eagle Broadband commits to providing the Service to the Subscriber in accordance with the terms outlined in this Contract. Eagle Broadband will exercise reasonable care and skill as an Internet Service Provider when fulfilling its obligations under this Contract.
8.2. The Service is only available to computer systems and connected devices that are free from viruses, Trojans, or other malware. Subscriber agrees not to use infected systems or devices, which would violate the Unacceptable Use Section 13 of this Contract. It is the Subscriber's responsibility to maintain updated and malware-free systems and devices.
8.3. The Service is warranted for use only at the specified installation location provided by the Subscriber at the time of initial order placement. Eagle Broadband does not guarantee satisfactory Service performance at any other location.
8.4. Subscriber must have initiated the Start Date as defined in section 1.17 and received confirmation from Eagle Broadband that they have been approved to use the Service.
8.5. The provision of the Service is subject to satisfactory installation, if required, as determined by Eagle Broadband. Initiation of the Start Date does not guarantee successful Service activation or acceptance of the Subscriber's application.
8.6. The Service can only be provided to installations with a sufficiently strong signal from the Network Operator utilized by Eagle Broadband to deliver the Service. Postcode checkers are available online to estimate network coverage for our services.
8.7. The Service can only be provided to properly installed and configured equipment supplied by Eagle Broadband.
8.8. Subscriber must ensure that any equipment or services connected to or used with the Service are used in accordance with instructions and safety procedures provided by the equipment and service suppliers.
8.9. The Service is provided specifically for the combo Modem/WiFi Router supplied by Eagle Broadband. Eagle Broadband does not offer support for other aspects of Subscriber network setup, configuration, or operation beyond what is described in the equipment User Manual.
8.10. Eagle Broadband excludes liability for any claims, losses, demands, or damages of any kind arising from the Service, including direct, indirect, incidental, or consequential losses or damages, whether notified to Eagle Broadband or not. However, this exclusion does not apply to Eagle Broadband liability for death, personal injury, or fraud.
Service Parameters, Packages, Fair Use Policy, and Performance
9.1. Eagle Broadband cannot be held responsible for any defects, errors, or faults in the Service but will strive to address reported faults promptly. The Service is provided "as is" and "as available," without warranties of any kind.
9.2. Due to the shared nature of the internet, Service performance cannot be guaranteed.
9.3. The quality of the Service, delivered via 4G, 5G, or satellite signal, depends on factors such as individual installation quality, unique topographical elements, atmospheric conditions, and network operation. While availability should exceed 99% under normal conditions, specific guarantees regarding availability or performance cannot be provided.
9.4. 4G and satellite Services typically exhibit higher latency compared to traditional broadband services, which may affect real-time applications. While most VPNs work effectively over 4G, 5G, and satellite, some may require configuration adjustments for optimal performance.
9.5. Service parameters apply to the overall connection delivered to the combo Modem/WiFi Router. When the connection is shared among multiple devices, incoming performance is shared accordingly.
9.6. Service is provided through monthly packages or plans, subject to Fair Use Policies regarding data usage. Available Services and associated Fair Use Policies are detailed on Eagle Broadband websites.
9.7. Speed descriptions provided for the Service represent average speeds, not constant speeds. Actual speeds may vary due to factors beyond Eagle Broadband’s control.
9.8. Actual speeds can be influenced by various factors, including internet congestion, router performance, WiFi connection quality, and the number of devices using the Service.
9.9. In plans offering unlimited data, it's important to note that this typically provides access for normal internet usage considered as appropriate and acceptable to the subscription type under these Terms and Conditions.
9.9.1. However, certain uses of broadband connections are either deemed inappropriate or not permitted under these Terms and Conditions (see Section 9.9.2 and Section 13 for more details).
9.9.2. The Service may be suspended to investigate or address potential inappropriate usage, including but not limited to:
Usage outside of normal practices
Automated usage
Usage that damages or impairs the network.
Fraudulent, abusive, illegal, or nuisance usage
Regular tethering of more than 12 devices simultaneously
Data usage deemed excessive by Mobile Network Operators, risking network performance degradation.
9.9.3. If the Service is suspended, Eagle Broadband will promptly reinstate it if Subscriber's usage is found to be appropriate.
9.9.4. Unlimited data plans may have Fair Use Policies to prevent excessive usage, set by Mobile Network Operators. These policies are unlikely to be breached with normal usage.
9.9.5. With our plans we may reduce network speed or cancel the connection if usage exceeds 1,000GB in a month.
9.9.6. Fair Use Policies are determined by Mobile Network Operators and apply to Eagle Broadband’s plans without variation.
9.10. Eagle Broadband may suspend the Service for operational or emergency reasons, providing advance notice where possible.
9.11. Changes to technical specifications by Network Operators will be communicated to Subscribers in advance where appropriate.
9.12. Subscribers must adhere to instructions provided by Eagle Broadband regarding Service usage.
Installation
10.1. Eagle Broadband does not offer a national installation service for its services. Subscribers must self-install or hire their own installer, except when equipment is provided under a Government subsidy scheme. Installations must comply with Health and Safety, construction, and electrical regulations, and follow the provided manual and CAI Code of Practice.
10.2. Warranty issues for installations must be addressed with the installer, as Eagle Broadband does not perform the installation.
10.3. Subscribers should retain original packaging for potential equipment returns under warranty or statutory rights.
Code of Practice for Complaints Handling and Dispute Resolution
11.1. Eagle Broadband is committed to transparency, accessibility, and effectiveness in handling complaints, as required by OFCOM for providers of Electronic Communication Services. Our Code of Practice outlines our procedures for resolving issues promptly and is available on our website. You may also request a hard copy at any time.
Internet Service
12.1. Eagle Broadband is not responsible for the actions or failures of other telecommunications service providers, whether in contract, tort, or otherwise.
12.2. Subscriber acknowledges that Eagle Broadband does not control the content accessed or transmitted through the Service and that Subscriber's use of the Service is subject to Section 13 regarding Unacceptable Use.
12.3. The Service provides access to the internet, which is separate and subject to its own risks and laws. Eagle Broadband assumes no responsibility for any goods, services, or information obtained by Subscriber through the Internet.
12.4. Subscriber acknowledges that data transmitted over the Internet may be subject to third-party rights, such as intellectual property and copyright, and agrees to respect these rights.
12.5. Subscriber understands that the Internet is not secure, and that Eagle Broadband does not guarantee the integrity, authentication, or confidentiality of data transmitted. Subscriber is responsible for protecting their own data and software.
12.6. Restrictions on Use:
12.6.1. Subscriber may not resell or attempt to resell the Service.
12.6.2. Subscriber must use the Service in compliance with all applicable legislation and licenses and may not engage in unlawful or fraudulent activities.
12.6.3. Additional terms and conditions may apply to specific services, and Subscriber agrees to comply with them when accessing those services.
Unacceptable or Inappropriate Use
13.1. Eagle Broadband reserves the right to suspend or terminate the Service and this Contract without liability if Subscriber, or anyone using Subscriber's account, engages in the following activities:
13.1.1. Fraudulent or criminal behaviour.
13.1.2. Unlawful activities or violations of applicable laws or licenses.
13.1.3. Use of infected computers, networks, or devices.
13.1.4. Continued use of infected systems after notification.
13.1.5. Breach of the Terms and Conditions.
13.1.6. Activities that degrade service for other subscribers.
13.1.7. Uneconomical usage.
13.1.8. Actions causing annoyance, inconvenience, or anxiety.
13.1.9. Transmission of prohibited or illegal data.
13.1.10. Hacking or illegal manipulation of data.
13.1.11. Distribution of abusive or defamatory material.
13.1.12. Copyright infringement.
13.1.13. Sending unsolicited advertising or spam.
13.1.14. Actions resulting in Eagle Broadband servers being blacklisted.
13.1.15. Transmission of viruses or malicious software.
13.1.16. Other activities deemed unacceptable by Eagle broadband.
13.2. Eagle Broadband may monitor Subscriber's data usage.
13.3. Breach of this section constitutes a contractual violation, subject to enforcement under Section 15.
13.4. Subscriber is liable for any claims arising from breach of this section and must inform Eagle Broadband of such claims.
Other
14.1. Subscriber agrees to comply with all applicable laws and these Terms and Conditions.
14.2. Eagle Broadband’s liability under this Contract is limited to the total Charges paid by Subscriber in the preceding 12 months.
14.3. Consequential loss is excluded from Eagle Broadband’s liability.
14.4. Eagle Broadband may change the terms and Charges with 14 days' notice.
14.5. Each term of this Contract operates independently.
14.6. Events beyond reasonable control excuse performance such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities, Eagle Broadbands’ suppliers, or Subscriber, Eagle Broadband or Subscriber shall have no liability to the other for that failure to perform
14.7. If any events described in paragraph 14.6 continue for more than 14 days, Eagle Broadband shall have the right to terminate this Contract by giving Subscriber notice.
14.8. Subscriber may not transfer the Account without Eagle Broadband’s consent. Eagle Broadband may transfer its rights and obligations, including personal data, to certain entities without Subscriber's permission.
Breach of Contract
15.1. Breach of Contract will lead to the termination of Subscriber's Service and the termination of this Contract under the following circumstances:
15.1.1. Immediate termination if Subscriber breaches any term of this Contract.
15.1.2. Non-payment of charges as per Section 5 - Charges and Billing.
15.1.3. Immediate termination if Subscriber becomes bankrupt, insolvent, enters into an arrangement with creditors, or has a receiver or administrator appointed over any of Subscriber's assets.
Consumer Contracts Regulations - UK Purchases Only
16.1. For purchases made in the UK via the website or phone, the Consumer Contracts Regulations allow cancellation within 14 working days of placing the order, provided the Service has not been activated or used.
16.2. Supplementary cancellation rights may be offered within this period to allow trial of the Service without risk.
16.3. To cancel under these terms, written notice must be provided within the specified period, and any supplied equipment must be returned in new condition at the Subscriber's expense.
16.4. Prior to order processing, all relevant details, costs, cancellation rights, and Eagle Broadband’s contact information will be provided. Verbal information will be confirmed via email upon order confirmation.
16.5. If cancellation occurs within the statutory period:
16.5.1. Subscriber won't be liable for equipment or installation costs if returned in new condition. Any relevant payments made will be refunded upon receipt of the equipment.
16.5.2. Account closure may take up to 7 days, during which broadband service will continue.
16.6. These rights are in addition to statutory rights.
Duration of Contract, Minimum Contract Period, and Account Upgrade
17.1. The Contract begins on the Start Date, with Subscriber bound by these Terms and Conditions.
17.2. The Contract duration is the Minimum Contract Period (MCP).
17.3. The MCP length (12, 18, or 24 months, or Fixed Contract End Date) is communicated and agreed upon during order placement.
17.4. Special promotions may offer different durations with additional terms.
17.5. Switching networks during the MCP maintains the original duration.
17.6. Downgrading during the MCP is not permitted, unless otherwise agreed to by Eagle Broadband.
17.7. Renewing a contract within the MCP initiates a new MCP from the new Start Date.
17.8. After the MCP expires, termination is subject to Section 19 - Termination of Contract.
Early Termination Charge
18.1. Early termination incurs a charge equivalent to the remaining MCP payments.
18.2. Failure to pay during the MCP results in suspension, termination, and the Early Termination Charge.
Termination of Contract
19.1. The contract may end:
19.1.1. Subscriber's termination at the end of the current billing month with five working days' notice, or after the next month if notice is given later.
19.1.2. Subscriber's termination within 7 days of Eagle Broadband notifying of charge increases or detrimental changes.
19.1.3. Eagle Broadband’s termination after the MCP with 30 days' notice.
19.1.4. Automatically by Eagle Broadband upon reaching a Fixed Contract End Date.
19.1.5. Eagle Broadband’s termination with 14 days' notice for illegal use, abuse, or vexatious behaviour.
Indemnity
20.1. Subscriber indemnifies Eagle Broadband against claims related to illegal use, defamation, copyright infringement, or Service faults attributable to Subscriber.
Giving Notice
21.1. Notices may be given electronically or in writing to the addresses specified.
Entire Contract
22.1. This Contract and associated documents constitute the entire agreement between Eagle Broadband and Subscriber.
Law and Jurisdiction
23.1. The Contract is governed by English Law, with exclusive jurisdiction of English courts for Subscriber and Eagle Broadband.
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