Wurzel Ltd: Terms & Conditions

Wurzel Ltd is a corporation registered in England under Company registration number 09114154, operate from our registered office located at The Old Coalyard, Gagingwell, Chipping Norton, OX7 4EF.

You, as the Customer, are identified by your name and contact details provided in the Order Confirmation. The designated address stated in the Order Confirmation shall serve as the delivery location for the Services. It is acknowledged that you are not engaged in any commercial activities and do not intend to primarily utilise our Service for business purposes. As the Customer, you bear the responsibility for the payment of charges associated with our Services.

The present document outlines the Terms and Conditions governing the provision of our services to you. We kindly request that you carefully review these terms. They elucidate our identity, the manner in which we will render our Services to you, the procedures for modifying or terminating any contract, the course of action to be taken in case of any issues, and other significant information. Usage of our Services is subject to compliance with our Acceptable Use Policy and our Privacy Policy, both of which can be accessed on the Wurzel Ltd Website.

Contacting Us: You can reach us by calling our customer support team at 01865 655393, emailing us at support@wurzel.co.uk, or sending a written correspondence to The Old Coalyard, Gagingwell, Chipping Norton, OX7 4EF.

Contacting You: In order to address matters concerning your Service, we will employ communication methods such as phone calls or written correspondence to the email address or postal address specified in your order. Customer service announcements may be sent to you via email or SMS text message. Promptly inform us of any changes to your contact details.

Certain terminology used within these Terms and Conditions carries specific meanings and is capitalized. The definitions for such terms are provided below:

• “Activation Date” denotes the day on which the Broadband Service is installed and activated at your premises by us. If your property is already equipped with our broadband network at the time of order confirmation, the Activation Date will correspond to the date when your Broadband Service is activated. In both instances, this date also marks the commencement of the Minimum Term.
• “Services” signifies the services we are providing to you, as specified in your Order Confirmation
• “Contract” encompasses the Order Confirmation and these Terms and Conditions.
• “CPI” refers to the Consumer Price Index 
• “Early Termination Charge” represents the fees levied in the event of contract termination prior to the conclusion of the Minimum Term. Such charges correspond to the full fees that would have been payable for the Broadband Service until the end of the Minimum Term, except if the Broadband Service was cancelled during the initial Cooling-Off Period.
• “Equipment” refers to the essential equipment, including upgrades or replacements, supplied by Wurzel Ltd as an integral component of delivering the Services. The ownership of such equipment shall remain with Wurzel Ltd at all times. This encompasses items such as the broadband router, power adaptor, ethernet cables.
• “Wurzel Ltd Network” signifies the equipment installed by Wurzel Ltd from the external Connection Point of your property to the internal network termination point, facilitating the connection to our network. The Wurzel Ltd Network shall remain the exclusive property of Wurzel Ltd at all times. This may include underground fibre, cables, ducts, and the internal network termination point.
• “Order Confirmation” refers to the email communication sent by Wurzel Ltd subsequent to your placement of an Order for our Services, confirming our acceptance of your order.
• “Services” encompasses the Broadband Services as ordered by you and provided by Wurzel Ltd, as indicated in the Order Confirmation.
• “Terms and Conditions” denotes these legally binding Residential Customer Terms and Conditions of Wurzel Ltd.
• “Writing” includes the exchange of information through electronic mail. Whenever the terms “writing” or “written” are utilised in these provisions, they shall encompass communication via email.
• “Working Days” refers to the weekdays from Monday to Friday, excluding bank holidays and public holidays.

1. Our Agreement

1.1

Placing an order for our Service. Residential customers may place orders for Wurzel Ltd’s Services either through personal interaction with one of our representatives or by phone, or by utilising our website. Orders can only be accepted for areas where our Service is currently available or is anticipated to become available due to ongoing network construction.

1.2

Acceptance of your order. Our acceptance of your order will be confirmed by the issuance of an Order Confirmation via email, thereby establishing a binding Agreement between you and Wurzel Ltd.

1.3 

Order details. The Order Confirmation comprehensively specifies the Services you have requested and which we agree to provide to you in accordance with these Terms and Conditions.

1.4 

Minimum Term of the Contract. Your Contract with us is subject to a Minimum Term, the duration of which is indicated on your Order Confirmation, commencing from the Activation Date. It is imperative that you maintain and pay for the Services throughout the entire agreed Minimum Term, unless either party is entitled to terminate the Contract prematurely.

1.5 

Right to cancel. You possess the right to reconsider and cancel your order within a period of 14 days from the day following the receipt of your Order Confirmation (“Cooling-off Period”). Your cancellation request must be submitted in writing. You may utilise the provided form accompanying the Order Confirmation for this purpose. It should be noted that if you request the activation of any Services within the Cooling-off Period and we have already commenced providing any or all of the Services, you will be liable for the cost of the Services received up until the point of cancellation notification, including the applicable Activation Fee. Should you cancel your order within the Cooling-off Period, and we have supplied you with any Equipment, the Contract shall remain in effect until the Equipment is returned. The following provisions shall also apply:

(a) You must return the Equipment provided to you within 14 days of cancelling your order. We shall provide you with postage-paid packaging or arrange for a courier service for this purpose, and the details of the return or collection will be communicated to you. If we have not provided you with suitable packaging or if the provided packaging does not cover the postage costs, you shall be responsible for the expenses associated with returning the Equipment.

(b) In the event that you fail to return the Equipment within 14 days of cancelling your order, you shall be charged for any non-returned Equipment. Further information regarding these charges can be found in our price guide.

(c) You are responsible for safeguarding the Equipment provided to you until its return. You may be held liable for any depreciation in value resulting from unnecessary handling.

1.6 

Customer number. Upon acceptance of your order, we shall assign a customer number to facilitate communication with our company. It is recommended that you provide your customer number whenever you contact us.

1.7 

Operations limited to the UK. Our website and marketing materials exclusively promote our Service within the United Kingdom.

1.8 

In the event that we are unable to provide the Services you ordered subsequent to issuing an Order Confirmation, we shall promptly notify you. As a result, the Contract shall be terminated, and any fees paid for undelivered Services shall be refunded.

2. Installation

2.1

We shall initiate communication with you to arrange the installation of the network. Once the Connection Point outside your property is activated, we shall contact you to schedule the installation and configuration of the Wurzel Ltd Network Equipment and the necessary equipment for utilising our Services. This installation shall be conducted by one of our authorized network installers at a mutually agreed-upon time. All installation technicians shall adhere to the prescribed standards for the Wurzel Ltd Network and utilise approved equipment.

2.2 

The installation team shall possess your contact information to facilitate communication regarding their arrival, as well as to address any unforeseen issues or delays. You may contact our support team at any time should you have any queries pertaining to your installation.

2.3 

Access to your property. Failure to grant the installation team access to your property as arranged, without reasonable justification, may result in the cancellation of the installation, and we reserve the right, at our discretion, to levy charges for the discontinued installation.

2.4 

Non-standard installations. These are custom projects necessitating specific requirements due to factors such as the length of the access route or surfaces necessitating specialized digging and reinstatement techniques (for further information, please refer to our Installation Guide). Non-standard installations fall outside the purview of our complimentary installation service and necessitate an on-site survey conducted by an installation technician. We shall engage in discussions with you regarding the installation costs prior to commencing the installation. Upon agreement to proceed with the installation, the installation charges shall be confirmed to you in writing. Following the installation of the network, our Service shall be provided to you in accordance with your order. The agreed-upon installation charge shall be incorporated into your initial monthly payment.

2.5 

Prior to commencing work, the technician shall perform a risk assessment. Should the technician determine that it is unsafe to proceed with the installation or if there is no individual above the age of 18 present at the property, you shall be notified and provided with the opportunity to make alternative arrangements.

2.6 

Alterations to your requirements. Please be aware that modifications to your requirements may affect your eligibility for a standard installation. In the event of an assessment error resulting in your disqualification from receiving a standard installation, the technician shall inform us, and we shall engage in discussions with you to determine the appropriate course of action and any associated charges.

2.7 

If the installation cannot proceed as scheduled. The technician shall exert all reasonable efforts to complete the installation as planned. However, if circumstances such as safety concerns, complexity, or the requirement for specific materials hinder the installation, the technician shall notify us and request your confirmation regarding the need for a subsequent appointment. Reasonable costs incurred as a result may be charged to you. In the event that we are unable to contact you or reschedule access to your property despite our reasonable efforts, we reserve the right to terminate the Contract. As we do not guarantee the completion of the installation and activation of your Services on the agreed-upon date, we advise against terminating your current broadband provider until our Services have been installed and activated.

2.8 

Our rights under the Communications Act 2003. By placing an order and requesting the installation of our Service, you acknowledge that the Wurzel Ltd Network Equipment installed on your property with your consent, including the internal network termination point within your premises, shall remain in place regardless of whether you or any subsequent purchaser of your property utilise our Services. It is your responsibility to ensure that any future buyers of your property are made aware of its connection to our network and the location of the Wurzel Ltd Network Equipment. You acknowledge that our installation and provision of Services are contingent upon obtaining all necessary consents and permissions from you or other relevant parties, such as your landlord if you are a tenant.

3. Our charges and your payments

3.1

Calculation of monthly charges. The amount payable for our Services is determined by the type and level of Service ordered and is indicated as a monthly sum, inclusive of VAT, on the Order Confirmation. Payment must be made exclusively via direct debit. In the event of any changes to your bank details, it is imperative that you notify us immediately; failure to do so may result in suspension or termination of Services. The initial payment shall include the Activation Fee, if applicable, and charges for non-standard installations.

3.2 

Minimum Term. By entering into this Contract, you agree to be bound by a Minimum Term for acceptance and payment of our Broadband Service, which shall commence from the Activation Date (for new orders), or the date specified on the Order Confirmation (for changes and upgrades). The Minimum Term relevant to your order is stipulated on your Order Confirmation. Should you terminate the Contract during the Minimum Term, an Early Termination Charge may be imposed. To understand the process of terminating this Contract and the corresponding rights and obligations, please refer to clause 9.

3.3 

Post-Minimum Term period. Unless expressly agreed upon otherwise or upon your decision to terminate the Contract, the Contract shall continue after the Minimum Term, and you shall continue to receive the Services. Any discounts or introductory pricing offered during the Minimum Term shall cease, and your monthly charges shall be adjusted to the pricing applicable to existing customers on the date of Minimum Term expiration.

3.4 

Annual Price Increase. At our discretion, on or after 1st October each year, commencing from October 2023, we may apply a percentage increase to the price of your Broadband Service. The percentage increase shall be the Consumer Price Index (CPI) plus 3.5%. In the event that the published CPI is negative in any given year, the price increase shall be 3.5% exclusively. If you receive a discount on your monthly price, the price increase outlined in clause 3.5 shall be applied to the discounted price. The calculated increase shall be rounded up to the nearest whole pence.

3.5 

Other modifications to charges. We retain the right to review our charges for any of our Services at any time. In the event of changes to the prices of our Services, we shall provide you with a minimum of one month’s notice, except in circumstances where reasonable notice is not feasible (for example, due to legal or regulatory reasons, in which case we shall provide notice to the extent possible). Should you disagree with these price changes, you have the right to terminate the Contract by contacting us (refer to clause 9 below). This termination right does not apply to changes in prices resulting from the annual price increase described in clause 3.4, as you have agreed to such annual increase as part of this Contract.

3.6 

Changes and Upgrades. Should you decide to modify or upgrade your Services, we shall inform you of the new monthly charges and request your confirmation of acceptance (refer to clause 7.1, “Your right to make changes”). The Minimum Term applicable to the new Service shall commence upon confirmation of your new order.

3.7 

Adjustment for changes in VAT rate. In the event of a change in the rate of VAT between the date of your order and the Activation Date or during the period of Service provision, we shall adjust the rate of VAT accordingly and reflect this on your bill.

3.8 

Third-party charges. We bear no responsibility or liability for any charges imposed by third-party organizations (such as telephone or content providers) that you may incur while utilising our Services.

3.9

Non-payment. If you fail to make payment for our Services within the specified timeframe and do not remit payment within 7 days of our reminder, we may suspend or terminate the supply of Services until the outstanding amounts are settled. We shall notify you regarding the suspension of Services. Should you dispute the unpaid bill, we will not suspend the Services (refer to clause 3.11).

3.10

Debt collection. In the event of non-payment for the Services, we reserve the right to disclose your personal information, including your details, to a debt-collection agency for the purpose of debt recovery. Furthermore, we retain the right to transfer your debt to any other business (in which case, your personal information shall also be transferred) that may attempt to recover the amount owed using any appropriate means. This clause 3.10 shall remain applicable even after termination of the Contract with us.

3.11

Late payment interest. In the event of non-payment by the due date, we may charge you interest on the overdue amount at a rate of 4% per year above the base lending rate of Barclays Bank, as determined from time to time. This interest shall accrue on a daily basis from the due date until the actual payment date of the overdue amount, whether before or after judgment. You shall be liable for payment of interest along with any outstanding amounts. Additionally, you shall bear all reasonable costs incurred for any debt recovery action or proceedings undertaken by us to collect the debt owed under this Contract, including fees charged by any debt collection agency employed by us.

3.12

Disputes regarding charges. If you believe that a bill contains errors, please promptly contact us to report the issue. In such cases, we shall refrain from charging interest until the matter is resolved. Once the dispute is resolved, we shall charge interest on the correctly billed amounts from the original due date.

4. Utilisation of our services

4.1 

Compliance with Acceptable Use Policy. You hereby agree to adhere to our Acceptable Use Policy. The usage of our Services shall be limited to lawful purposes only. You acknowledge and consent to intermittent monitoring of your utilisation of our Services, including data volume and traffic type, whether authorized by statute or other legislation, to ensure compliance with applicable laws and to facilitate traffic management. In the event of improper or negligent use of the Services, or if such use interferes with the usage rights of other customers, we reserve the right to suspend your access to our Services (as outlined in clause 5 below) or terminate this Contract (as described in clause 10 below). We retain the right to immediately remove any material, whether placed on our servers by you or other users, that breaches the terms of this Contract or is deemed detrimental to our interests or the interests of our other customers.

4.2 

Liability for breaches of Acceptable Use Policy. You acknowledge that you are liable for all usage of our Services, regardless of whether you granted permission. For instance, if someone gains access to your premises and utilises the Services, we consider them to be within your control, and you may be held responsible for any unlawful activities, such as the illegal downloading or transmission of copyrighted material. It is your responsibility to grant access to your Wi-Fi and home network only to individuals you trust, and you must accept liability for their usage of our Services.

4.3 

Equipment faults. The Equipment provided by us for the purpose of connecting to our Services remains our property. You are responsible for maintaining the Equipment in good working order. Furthermore, you must be aware of the installation route of the Wurzel Ltd Network Equipment on your property and bring this to the attention of any third party carrying out work on your property. If you report a fault that is traced within your property boundaries, we will arrange an appointment to repair the fault or replace the faulty Equipment or Wurzel Ltd Network Equipment. However, if, in the reasonable opinion of the engineer, the fault was caused by damage to the Equipment or the Wurzel Ltd Network Equipment, a charge may be imposed. Failure to return any Equipment within 30 days after receiving a replacement may result in the suspension of your Services until the Equipment is returned, or we may seek to recover the costs associated with non-returned Equipment.

4.4

Network faults beyond property boundaries. Upon becoming aware of a network fault outside your property boundaries, we will make reasonable efforts to diagnose and repair the fault within 3 working days.

4.5

Performance guarantees. Due to the shared nature of networks and external factors beyond our control, such as access to third-party content and services, the availability of your internet access and the speed of the Broadband Service delivered to your router may vary from time to time. Speeds measured over Wi-Fi are likely to be lower than the advertised speed to the router for the Broadband Service. Although we strive to ensure satisfactory Wi-Fi performance and coverage throughout your home, such performance and coverage are not guaranteed as part of the Broadband Service, as they are subject to factors beyond our reasonable control, including limitations inherent in Wi-Fi technology and environmental factors specific to your location and the device in use. 

4.6 

Reporting problems. Should you have any inquiries or complaints regarding any of our Services, please contact us (our contact details are provided on page 1 of these terms).

5. Suspending the Services

5.1

Your entitlements upon suspension of the Services due to Wurzel Ltd’s actions:

We may need to suspend the provision of the Services:

(i) to address technical issues or make minor technical modifications;

(ii) to update the Services to comply with changes in relevant laws and regulatory requirements;

(iii) to implement changes to the Services as requested by you or as notified by us to you (refer to clause 7).

5.2 

We will endeavour to ensure that necessary maintenance and support work is conducted during overnight hours, and we will make reasonable efforts to provide you with advance notice by email prior to such work.

5.3 

Your entitlements upon suspension of the Services due to your actions:

(a) We may need to suspend the provision of the Services:

(i) if you fail to make payment (refer to clause 3.9);

(ii) if you misuse our network or fail to comply with our Acceptable Use Policy (refer to clause 4);

(iv) if you breach our Contract or any applicable laws pertaining to the use of our network.

5.4 

If we suspend the Services due to your actions or failure to make payment, we may charge you for reactivating the Services at the end of the suspension period.

6. Our Liability

6.1 

We accept responsibility for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are liable for loss or damage that you suffer as a foreseeable consequence of our breach of this Contract or our failure to exercise reasonable care and skill. However, we are not liable for any loss or damage that is not foreseeable or that does not directly result from our breach of the Contract. Loss or damage is foreseeable if it is obvious that it would occur or if, at the time of entering into the Contract, both parties were aware that it might happen.

6.2 

Exclusions of our liability. Apart from the responsibilities we accept under clauses 6.1 and 6.5, we are not liable to you for the following:

(a) any loss or damage arising from the use of our Services to access the internet;

(b) any delay or failure on our part to provide the Services, including delays or failures related to the installation of the Services, due to circumstances beyond our reasonable control. Such circumstances may include lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, interruption or failure of electricity or other utility services, actions taken by a government or other public authority, or strikes or other industrial action;

(c) loss of income, revenue, profit, business, business interruption, or business opportunity; and

(d) costs incurred for the replacement or acquisition of substitute goods or services.

6.3 

Your responsibility for equipment. We are not liable if you are unable to use the Services due to malfunctioning equipment (e.g., PC, mobile device, network interface card, printer, switch, local area network, or other equipment) that does not function properly, is incompatible with the system, does not conform to the relevant standards, does not meet the minimum specifications, or due to faults in any third-party networks for which we bear no responsibility.

6.4 

Wurzel Ltd’s non-liability for data transmission over its network. Wurzel Ltd acknowledges its lack of control over the data transmitted to or from the user via the internet, and thus disclaims any responsibility for any loss or damage incurred in relation to said data.

6.5 

Non-exclusion of liability where prohibited by law. Wurzel Ltd does not intend to exclude or limit its liability to the user in any way where such exclusion or limitation would be unlawful. This includes liability for death or personal injury caused by Wurzel Ltd’s negligence, the negligence of its employees, agents, or subcontractors; liability for fraud or fraudulent misrepresentation; and liability for breach of the user’s legal rights in relation to the Services, which encompass the right to receive Services that are: as described and conform to the information provided by Wurzel Ltd; of satisfactory quality; fit for any specific purpose communicated to Wurzel Ltd; and supplied with reasonable skill and care.

7. Amendments to the Contract

7.1 

User’s right to request changes. Should the user wish to make changes to the ordered Services, they are advised to contact Wurzel Ltd. Wurzel Ltd will assess the feasibility of the requested change and inform the user accordingly. If the change is deemed feasible, Wurzel Ltd will communicate any necessary adjustments to the price, timing of supply, or other relevant matters resulting from the requested change. The user will be asked to confirm whether they wish to proceed with the change. If Wurzel Ltd is unable to accommodate the change or if the consequences of the change are unacceptable to the user, the user may consider terminating the Contract (see clause 8).

7.2 

Minor alterations to the Services. Wurzel Ltd reserves the right to make changes to the Services in the following circumstances:

(a) to comply with changes in applicable laws and regulatory requirements; and

(b) to implement minor technical adjustments and enhancements, such as addressing security threats.

In the unlikely event that these changes significantly impact the user’s utilisation of the Services, the user should contact Wurzel Ltd to receive an explanation for the change and discuss its implications.

7.3 

Substantial changes to the Services and the Contract. Furthermore, Wurzel Ltd may introduce changes to its prices (refer to clause 3.6) or other aspects of the Contract. In such cases, Wurzel Ltd will provide notice to the user, who may then contact Wurzel Ltd to terminate the Contract prior to the implementation of the changes, except where the change to the price is in accordance with clause 3.5.

8. Termination Rights

8.1 

Wurzel Ltd Contract termination rights. The user maintains the unconditional right to terminate the Contract with Wurzel Ltd. The consequences of termination will vary depending on Wurzel Ltd’s performance and the timing of the user’s decision to terminate the Contract. The implications in each scenario are detailed in clauses 8.2-8.4. For information on the user’s rights to terminate the Contract during the initial cancellation period, please refer to clause 1.5 above. Clause 10 provides instructions on how to terminate the Contract.

8.2 

Termination due to Wurzel Ltd’s actions or future actions. If the user terminates the Contract based on reasons outlined in (a) to (d) below, the Contract will be terminated, and Wurzel Ltd will issue a full refund for any paid but unprovided Services (if applicable). The reasons for termination are as follows:

(a) Wurzel Ltd has informed the user of an upcoming change to the Services or Contract terms that would significantly disadvantage the user, and the user disagrees with such change (including a change in prices, except where the change aligns with clause 3.5). The user must provide notice within 30 days of receiving the notification to terminate the Contract;

(b) Wurzel Ltd has made an error in the price or description of the ordered Services, and the user does not wish to proceed;

(c) Wurzel Ltd has suspended the supply of Services or has notified the user of an impending suspension due to technical reasons or circumstances beyond reasonable control (as listed in clause 6.2 (b)), provided that the suspension lasts continuously for more than 28 days; or

(d) The user possesses a legal right to terminate the Contract due to Wurzel Ltd’s breach.

8.3 

Termination during the Minimum Term. If the user terminates the Contract during the Minimum Term (except where the user has the right to terminate as per clause 8.2), Wurzel Ltd may impose an Early Termination Charge equivalent to the remaining charges for the Minimum Term, as well as the cost of any unrecovered Equipment. However, if the user provides Wurzel Ltd with 1 month’s notice to terminate the Contract at the end of the Minimum Term and returns the provided Equipment used for the Services, no charges for early termination or non-return of Equipment will apply.

8.4 

Payment of Early Termination Charge. Wurzel Ltd reserves the right to charge the Early Termination Charge directly to the user’s subsequent bill. By entering into this Contract, the user authorizes Wurzel Ltd to undertake this action. Wurzel Ltd will provide the user with reasonable written notice before implementing such charges. 

8.5 

Termination after the Minimum Term. If Wurzel Ltd is not at fault, and none of the reasons stated in clauses 8.2 apply, the user must provide Wurzel Ltd with 1 month’s notice to terminate the Contract. The Contract will not conclude until 1 calendar month following the day on which the user contacts Wurzel Ltd. 

9. Termination Procedure

9.1 

Notification of Contract termination. To terminate the Contract with Wurzel Ltd, it is necessary to provide written notice or, if the termination is due to a change of mind within the initial cancellation period, the form accompanying the Order Confirmation may be utilised.

9.2 

Refund process. Wurzel Ltd shall promptly issue any due refunds using the same method of payment employed by the user. In the event of cancellation rights being exercised, any applicable refund (excluding any deductions owed to Wurzel Ltd) shall be processed within 14 days of receiving notice of the change of mind. If this Contract is terminated for any reason or if any Services are cancelled, Wurzel Ltd retains the right to retain any funds held (including advance payments) and utilise said funds to settle any obligations or debts owed by the user under this Contract. Wurzel Ltd will make efforts to refund any remaining balance to the user, unless the costs associated with administering the refund exceed the actual account balance. In such a scenario, Wurzel Ltd shall donate the account balance to a charity of its choice. 

10. Wurzel Ltd’s Termination Rights

10.1 

Termination due to user breach. Wurzel Ltd reserves the right to terminate the Contract by providing written notice to the user if:

(a) The user fails to make a timely payment, and despite receiving a reminder, remains in default for a period of 7 days (see clause 3.10);

(b) The user cancels the direct debit for Services without arranging an alternative payment method with Wurzel Ltd;

(c) The user violates Wurzel Ltd’s Acceptable Use Policy or engages in any activities described in clauses 4.1 and 5.7 while utilising Wurzel Ltd’s network and Services;

(d) The user or any authorized representative behaves unreasonably or in a manner toward Wurzel Ltd’s staff or agents that Wurzel Ltd reasonably deems inappropriate and sufficiently serious to warrant Contract termination;

(e) The user becomes bankrupt, enters into any arrangement with creditors, or faces legal action or threats against their property;

(f) Wurzel Ltd has reasonable grounds to believe that the user has provided false, inaccurate, or misleading information, engaged in fraudulent use of Wurzel Ltd’s Services, or used the Services in an unauthorized manner without rectifying the situation within a reasonable timeframe; or

(g) The user utilises the Services or Equipment for commercial or business purposes.

10.2 

User’s liability for breaching the Contract. In the event that Wurzel Ltd terminates the Contract pursuant to clause 10.1, Wurzel Ltd shall refund any advance payments made by the user for unprovided Services. However, Wurzel Ltd may deduct or charge reasonable compensation for the net costs incurred as a result of the user’s breach of the Contract. If Wurzel Ltd is compelled to terminate the Contract during the Minimum Term due to the user’s breach, the user may be charged for the remaining term and the costs associated with any non-returned Equipment.

11. Return of Equipment

11.1 

Upon the termination of this Contract for any reason, or in the event of cancellation within the initial cancellation period, it is incumbent upon you to return, within 14 days of the Contract’s end or cancellation under clause 1.5, any pertinent Equipment supplied by Wurzel Ltd to facilitate the connection to the Services. The Equipment should be returned to the following address:

Wurzel Ltd, The Old Coalyard, Gagingwell, Chipping Norton, OX7 4EF.

11.2 

You bear the responsibility of ensuring that the Equipment is returned to us in a functional state, free from damage. We will furnish you with postage-paid packaging or arrange for a courier to facilitate the return, providing you with the necessary details for the return or collection process. Should we fail to provide packaging, or if our packaging does not cover the postage costs, you shall be responsible for the expenses incurred in returning the Equipment provided by us. Failure to return the Equipment within 14 days of the Contract’s termination will result in a charge equivalent to the full replacement value and/or a non-returned Equipment cost, which will be deducted using your customary method of payment. For detailed information on these charges, please consult our price guide.

11.3 

All returned Equipment will undergo testing, and if any items are found to be damaged beyond fair wear and tear, you will be charged the full replacement value. Such charges may be collected using your customary method of payment. For specific details regarding these charges, please refer to our price guide.

11.4 

Please be aware that any Wurzel Ltd Network Equipment installed on the property is to remain in place and should not be returned or removed as described in clause 2.7.

12. Relocation outside or within the Wurzel Ltd Network area

12.1 

In the event that you relocate to an address not situated within a Wurzel Ltd Network service area during the Minimum Term, you shall be exempt from paying any Early Termination Charges, subject to providing appropriate evidence of your relocation and completing our Moving House Form. For further information, please refer to our moving home policy available here. Kindly note that you will be required to return any Equipment provided by us for the purpose of connecting to the Services, as described in clause 11.

12.2 

If you relocate to an address within the Wurzel Ltd Network area during the Minimum Term, and we can furnish you with the Services at your new address, you will not be subject to Early Termination Charges provided you agree to a new Minimum Term for the Services at your new location and the new order for Services is not cancelled within the initial cancellation period. Additionally, you may be liable for an activation charge and/or installation fee. Should you decide not to continue with the Services at your new address while still within the Minimum Term, Early Termination Charges may apply, up to the remaining charges for the Minimum Term. Furthermore, you must return any Equipment provided by us for the purpose of connecting to the Services, as described in clause 11.

13. Privacy & Data Protection

13.1 

Utilisation of personal information. We will process the personal information provided by you in accordance with our Privacy Policy, which is accessible for review on our website:

13.2

Please be aware that we may monitor and record telephone conversations with you to enhance our training and ensure compliance.

14. Other significant provisions

14.1

Contract transferability. Wurzel Ltd reserves the right to transfer this Contract, including its rights and obligations outlined herein, to another entity. In the event of such a transfer, we will provide you with written notice, ensuring that the transfer does not impede your rights under this Contract.

14.2

Consent for rights transfer. Any transfer of your rights or obligations under this Contract to a third party requires our prior written consent. If you intend to relocate, kindly contact us for further guidance.

14.3

Absence of third-party rights. This Contract is a legally binding agreement between you and Wurzel Ltd, and no other individual or entity shall have the authority to enforce its provisions. Neither party shall be obligated to obtain the agreement of any other person to terminate this Contract or introduce any modifications to its terms.

14.4

Severability clause. Each paragraph within these terms operates independently. If any court or competent authority deems any provision of this Contract unlawful, the remaining paragraphs shall remain fully valid and enforceable.

14.5 

Enforcement discretion. The exercise of leniency or delay in enforcing this Contract by Wurzel Ltd shall not negate its right to enforce the Contract at a later time. Failure to immediately demand compliance with any obligations under these terms or delay in taking legal action for a breach of this Contract does not waive the requirement for future compliance or prevent us from pursuing remedies at a subsequent date. For instance, if a payment is missed and we do not immediately pursue collection but continue to provide the Services, we retain the right to demand payment at a later date.

14.6 

Applicable law and jurisdiction. These terms are governed by the laws of England, and any legal proceedings arising from or in connection with the provision of services under this Contract shall be exclusively brought before the English/Welsh courts.