Terms and Conditions

Colchester Amphora Trading Ltd – Trading as Amphora Connect- Residential Customers Terms & Conditions (Broadband)

ISP CUSTOMER TERMS (B2C)

1 DEFINITIONS AND INTERPRETATION

1.1 In this Agreement:

Agreement means, together, these Customer Terms, the Service Specific Terms and the terms of each Order You make;
Business Day means a day other than a Saturday or a Sunday or a public holiday in England and Wales;
Charges means the charges due from You for a Package, as set out on the Website and confirmed in an Order;
Commencement Date means the date on which these Customer Terms are accepted by You in accordance with clause 3.3;
Connection Agreement means an agreement establishing a network connection between You and a network owner or supplier which may be between You and a third party or between You and Us;

Customer Terms means these customer terms;

Early Termination Charge means the early termination charge that You shall be liable to pay in the event that You wish to terminate the Agreement before the end of the Initial Term. Early Termination Charges are specific to each Package and are set out on the Website however generally Early Termination Charges will relate to any unpaid charges for the remainder of Your commitment to a Package;

Exempted Condition means any condition, defect or malfunction or loss of availability arising from anything outside of Our control, including where You use the Services in a way which is not intended, where the Services are put under unusual stress or you modify, adjust or tamper with the Services in any way without our approval;

Hardware means any equipment and hardware (together with any software incorporated therein) provided by Us to You to enable You to receive the Services (which unless otherwise agreed in writing, shall at all times remain Our property);

Initial Term means the initial subscription period for your Package as confirmed in each Order;

Intellectual Property Rights means all intellectual property rights, including patents, trade and service marks, rights to domain names, rights in passing off, registered and unregistered designs, rights in confidential information, rights in know-how, database rights, topography rights, copyright (including rights in software), rights in any invention, and applications for registration of any of the foregoing, and the right to apply therefor, in each case in any part of the world;

Ordermeans an order for a Package, which You can make via the Website;

Package means the package of Services selected by You from the Website and set out in the Order;

Property means Your home, as identified in the Order;

Service Specific Terms means the specific terms applicable to each of Our Services, which form part of, and are expressly incorporated into, the Agreement;
Services means services, provided by Us, as more fully described in the Service Specific Terms, and each Order;

Amphora Connect IPRs has the meaning given to it in clause 16;

Colchester Amphora Trading Ltd, Us, We, Our means Colchester Amphora Trading Limited (Company number 10799072), whose registered office and main trading address is at Rowan House, Sheepen Road, Colchester, Essex, CO3 3WG.

Website means the Our website, located at https://amphoraconnect.co.uk; and

You means you, the customer, and Your shall be construed accordingly.

2 WHO WE ARE AND HOW TO GET IN TOUCH

Your Agreement is with Us, Colchester Amphora Trading Ltd, (Company number 10799072), whose registered office and main trading address is at Rowan House, Sheepen Road, Colchester, Essex, CO3 3WG. You can get in touch with Us via the ‘contact us’ link on the Website.

3 WHEN THESE CUSTOMER TERMS APPLY

3.1 These Customer Terms apply to You as a consumer, meaning that You are an individual acting for purposes wholly or mainly outside your trade, business, craft or profession. If You are planning on using the Services in any other context then the provisions of our business-to-business conditions will apply to You instead.

3.2 These Customer Terms and the relevant Service Specific Terms apply to and govern each Order. Together these Customer terms, the relevant Service Specific Terms, and the terms of each Order constitute Your Agreement with Us.
3.3 By clicking “I Agree”, You confirm that the Agreement constitutes a legally binding agreement between Us and You governing the provision of the Services.
3.4 If You do not wish to be bound by the terms of the Agreement, then You should not click “I Agree” and will not be entitled to receive the Services.

4 HOW LONG YOUR AGREEMENT LASTS

Your Agreement with Us shall start on the Commencement Date and shall (unless either party brings it to an end earlier in accordance with the terms of this Agreement) continue for the duration of the Initial Term. At the end of the Initial Term this Agreement shall continue automatically, unless and until brought to an end by either party giving the other at least 30 days’ notice in writing.

5 COOLING OFF PERIOD

5.1 You can cancel this Agreement before the end of the 14th day after the Commencement Date (Cooling-off Period) and receive a refund of any sums You have paid to Us.
5.2 We will not commence the provision of the Services until the Cooling-off Period has come to an end, unless you specifically ask Us otherwise.
5.3 However, if You choose to cancel this Agreement after We have performed any of the Services during the Cooling-off Period, then You must pay for the Services We have provided up to the time You tell Us that You have changed Your mind. We may deduct from any refund an amount for the supply of the Services for the period in which they were supplied, ending with the time when You told Us You had changed Your mind. The amount will be a sum equal to the cost of what We have supplied, in comparison with the full coverage of the Agreement. If the sums due to be refunded to You are not sufficient to cover Our cost of supply of Services during the Cooling-off Period then We reserve the right to require You to pay the appropriate amount.
5.4 If you would like to cancel this Agreement during the Cooling-off Period then You can do so by pressing the ‘cancel’ button in the Portal and following the directions.

6 CHARGING AND PAYMENT
6.1 You shall pay the Charges applicable to the Package selected in the Order.

6.2 In addition You shall pay the Charges in accordance with the payment schedule for the applicable Package.
6.3 Charges may be shown as one line in Your debit/credit card bill, and this may be combined on Your bill with any other charges You pay Us at the same time pursuant to any other agreements that you have entered into with us e.g. your Connection Agreement.
6.4 When You place an Order, You will be required to provide credit or debit card details to Us. We will use the card details provided to take payment of the Charges automatically on or around the dates stated in the Order.
6.5 All Charges and payments to be made by You under this Agreement shall be inclusive of VAT, which shall be payable by You in addition, wherever relevant at the rate and in the manner from time to time prescribed by law.
6.6 All amounts due to Us under this Agreement shall be paid in full without any deduction of any kind other than as required by law.
6.7 Where We attempt to take payment of the Charges and Your card details are declined, We will notify You that we have been unable to take payment and provide You with an opportunity to provide alternative card details for payment. In addition to any other rights We may have, We may:
6.7.1 recover the reasonable administrative costs that we incur reminding you of late payments, up to a maximum amount of £10 per reminder;
6.7.2 charge You interest on any payments that are overdue at an annual rate equal to four per cent above the official Bank Rate from time to time (as determined by the Bank of England’s Monetary Policy Committee), which shall accrue daily (both before and after any judgment) and shall be compounded quarterly; and

6.7.3 if the payment is overdue by ten Business Days or more, suspend performance of the Services in whole or in part until You have paid Us what we are owed.

6.8 We reserve the right to charge You for any additional costs we may incur as a result of:

6.8.1 investigating and rectifying any defect in, or malfunction of, the Services that is the result of any Exempted Condition;
6.8.2 attending the Property to investigate and repair any defect in, or malfunction of, the Services where We reasonably determine that there is no defect in, or malfunction of, the Services;
6.8.3 Your failure to grant Us access to the Property or obtain any third party consent, as set out in clause 8.

7 CHANGES TO THIS AGREEMENT AND THE CHARGES

We may increase the Charges or make other changes to this Agreement at any time. If we do so then We will notify You of this. If You do not agree to the change(s) then You can bring this Agreement to an end by giving us 30 days’ notice, and You will not be required to pay an Early Termination Fee.

8 ACCESS AND CONSENTS

You shall grant, or procure the grant, to Us such access to the Property and all relevant fibre and Hardware at the Property, in each case as We may require in order to perform Our obligations under this Agreement, or retrieve our Hardware. You acknowledge that We may not be able to provide You with (and will not be responsible for) the Services unless and until such access is granted.

9 HARDWARE

9.1 You agree not to carry out any alterations, modifications, replacements, extensions, attachments, additions or otherwise alter the Hardware, without our prior written consent.
9.2 The Hardware must be kept and used in strict accordance with the instructions provided by Us, and must not be used in conjunction with other equipment not approved by Us.
9.3 You agree to notify Us immediately if any Hardware is damaged or stolen, or if You become aware of any fault or unauthorised use of the Hardware and/or Services.
9.4 You will be responsible for any loss or damage to the Hardware, which is not attributable to Our negligence or wilful act or omission.
9.5 If We ask You to do so, You agree to return the Hardware to Us, in the manner requested by Us, and we may recover any related costs from doing this.

10 WHAT WE EXPECT FROM YOU

10.1 You shall:

10.1.1 cooperate fully with Us;

10.1.2 notify Us as soon as possible of all faults, or defects in the Services, or circumstances likely to lead to a fault or defect, of which You may reasonably be aware or should reasonably be aware;

10.1.3 comply at all times with the terms of this Agreement, and any Connection Agreement that you have entered into; and
10.1.4 only use the Services for lawful purposes in accordance with all applicable laws and regulation.

11 YOUR RIGHTS TO END THE CONTRACT

11.1 Your rights

11.2 You can end this Agreement:

11.2.1 at any time at Your discretion, however where You choose to end the Agreement in this way prior to the end of the Initial Term You may be liable to pay us an Early Termination Charge. The Early Termination Charge is designed to compensate Us for You ending the Agreement before You agreed to in Your Order. Further details of the Early Termination Charge can be found on Our Website and We will tell You the amount of the Early Termination Charge when You terminate this Agreement. You can also find out more details of the Early Termination Charge that applies to You by contacting us using the details set out above;
11.2.2 because of something we have done or are going to do. You may choose to end this Agreement as a result of any of the reasons set out below, and where You do so the Agreement will end immediately and We will refund You in full for any Services which are yet to be provided and for which You have already paid. The reasons referred to above are where:

(a) We have told You about an upcoming change to the Charges or the Services or this Agreement in each case to which You do not agree;
(b) We have told You about an error in the price or description of the Services You have Ordered and You do not wish to proceed;
(c) there is a risk that our supplying the Services may be significantly delayed because of events outside of our control; and
(d) You have a legal right to end the Agreement because We have broken the terms of this Agreement; and

11.2.3 if You have changed your mind, but only where You are still within the Cooling- off Period and this may also be subject to certain deductions. Please see clause 5 for further details.

11.3 How can I end this Agreement You can end this Agreement by notifying Amphora Connect customer services by telephone on 0333 311 0003 or by email at enquiries@amphora-connect.co.uk

12 OUR RIGHTS TO END THIS AGREEMENT

12.1 We may end the Agreement or suspend your access to the Services if:

12.1.1 You fail any credit checks that we run against You;

12.1.2 We are unable to take payment of the Charges due from your card and we are still unable to take payment within 30 days of Our notifying You that payment was declined;
12.1.3 You become bankrupt and/or You fail any credit check We may carry out on You;

12.1.4 You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Services;
12.1.5 You do not, within a reasonable time, allow us to supply the Services to You;

12.1.6 You do not provide us with access to the Property to supply the Services;

12.1.7 in Our opinion, it becomes apparent that You have not or may not have obtained any necessary consents and permissions from others;
12.1.8 You do not, or We reasonably think that You may not, comply with any other term of this Agreement;
12.1.9 We are unable to perform our obligations under this Agreement as a result of an event beyond our reasonable control;
12.1.10 You change address and we are unable or unwilling to port the Services to Your new address (please see clause 14 for further information);
12.1.11 If you have a Connection Agreement in place with Us, You breach the terms of that Connection Agreement; or
12.1.12 We otherwise have a right to terminate a Connection Agreement that you have entered into with Us.

12.2 How we will end this Agreement We will end this Agreement by emailing You and by notifying You via the Portal.
12.3 How we will suspend your access to the Services We will suspend your access to the services by emailing You and notifying You via the Portal. Such notification will explain why Your access to the Services has been suspended, and will inform you what steps you need to take in order for Your access the Services to be reinstated. Your access to the Services will be reinstated once we, acting reasonably, consider that you have fixed or addressed the issues identified.

13 WHAT HAPPENS WHEN THIS AGREEMENT COMES TO AN END

13.1 When this Agreement comes to an end:

13.1.1 some of the clauses of the Agreement will continue to apply to You. The relevant clauses are clauses 6, 13, 15, 16, 21 and 22
13.1.2 any Charges that have already fallen due will continue to be due and payable and We shall immediately take payment of all outstanding Charges where possible using the card details provided by You; and

13.1.3 We will cease providing the Services.

14 CHANGE OF ADDRESS

14.1 Where You want to move the Services from the Property to another address (e.g. where You move house), You agree to let Us know immediately.
14.2 Where You change address:

14.2.1 We will notify You as to whether we are able to move the Services from the Property to another address and any costs involved in doing so;
14.2.2 We shall be entitled to terminate this Agreement immediately or on such notice as We shall see fit if We are unable or unwilling to move the Services from the Property to another address, and where any such termination occurs during the Initial Term, We may charge You an Early Termination Charge;
14.2.3 Your obligations under this Agreement shall continue unless You exercise Your right to terminate this Agreement pursuant to clause 11.1; and
14.2.4 where this Agreement continues, We shall be entitled to charge (and You shall pay) all costs incurred by Us in transferring the Services from the Property to Your new address.

15 OUR LIABILITY

15.1 When We will be liable to You

15.1.1 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 for any legal rights and remedies available to You under consumer law.

15.1.2 We will only be liable to You for foreseeable loss and damage that We cause. If we fail to comply with the terms of this Agreement, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if: (i) it is obvious that it will happen; or (ii) if, at the time the Agreement was made, both We and You knew it might happen, for example, if You discussed it with Us during the order or installation process.
15.1.3 Subject to clauses 15.1.1, 15.1.2 and 15.2, Our liability to You is limited:

(a) for loss of or damage to Your property (including the Property and any of Your Hardware) to a maximum of £10,000 for any one event or series of connected events; and

(b) except for loss of or damage to Your property, to a maximum of £5,000 for any one event or series of connected events.

15.2 When We will not be liable You

15.2.1 We shall not be liable for any failure or delay in performing Our obligations under this Agreement which arises as a result of:
(a) a failure or delay by You in performing any of Your obligations under this Agreement;
(b) anything You do or don’t do which is against the law or causes us harm;

(c) You failing to follow any reasonable instruction of request made by Us in relation to the Services;
(d) Our complying with Your instructions or requests;

(e) an Exempted Condition;

(f) Your Hardware, Your network connection, software or equipment or access to any other internet services;
(g) viruses or other malware; and

(h) any third party products and services with which the Services interacts from time to time.

15.2.2 We are not liable for business losses. The Services are only supplied to You on the basis that You will use them for domestic or private use. If You use the Services for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity.

16 INTELLECTUAL PROPERTY RIGHTS

Notwithstanding any other provision of this Agreement, all Intellectual Property Rights in or arising from the Services or any other services or other items provided by or on behalf of Us (Colchester Amphora Trading Ltd IPRs) belong to Us and/or our licensors exclusively and You shall have no rights in relation to them other than the limited right to use them as is necessary for the term of this Agreement for the proper and usual use of the Services. If notwithstanding this, any Colchester Amphora Trading Ltd IPRs are acquired by You (including any new Colchester Amphora Trading Ltd IPRs), You hereby assign all such Colchester Amphora Trading Ltd IPRs to Us.

17 FORCE MAJEURE

We shall not be liable for any delay in performance of, or failure to perform, Our obligations under this Agreement if such delay or failure results from circumstances beyond Our reasonable control, including but not limited to strikes, lockouts or other industrial action (whether involving Our workforce or of any other party), acts of God, war, riot, civil commotion, acts of terrorism, theft, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, failure or breakdown of plant, machinery, systems or vehicles, fire, flood, extreme weather conditions, power failure or failure of telecommunications networks (Force Majeure Event). If a Force Majeure Event continues for a period of 30 days or more, either You or We shall be entitled to terminate this Agreement on giving written notice to the other.

18 PERSONAL DATA

18.1 In the event that We process any personal data in connection with this Agreement, We agree to comply with the requirements of the UK GDPR.
18.2 To the extent that personal data is processed in connection with this Agreement, You shall be the controller, and We shall be the processor. Where we act as processor in respect of such personal data, We agree to comply with the obligations of a processor set out in Article 28(3) of the UK GDPR and this Agreement shall be deemed to include those obligations and impose them on Us.
18.3 “Controller”, “data subject”, “personal data”, “process”, “processor” and “supervisory authority” shall, for the purposes of this clause 18, have the meanings set out in the General Data Protection Regulation (Regulation (EU) 2016/679), or similar legislation as implemented under English law (including any national implementing laws, regulations and secondary legislation), in each case as applicable and in force in the United Kingdom from time to time (“UK GDPR”).

19 ASSIGNMENT AND SUB-CONTRACTING

19.1 This Agreement is personal to You and You cannot transfer it to anyone else without our prior written consent.
19.2 From time to time we may involve sub-contractors to provide the Services to You, although when we do so we will remain responsible to you for the Services.

20 COMPLAINTS AND LEGAL NOTICES

20.1 If You would like to make a complaint about the Services, You can do so by contacting Amphora Trading customer services by telephone on 0333 311 0003, by email at enquiries@amphora-trading.co.uk, or by contacting us via the Website.
20.2 Any notice given under this Agreement shall be in writing (writing shall include electronic mail, and notice given over the Portal, but excluding fax transmission) and may be served by leaving it at, or by sending it by pre-paid first class post or recorded delivery to, the intended recipient’s address. The address of a party for service of notices is the address set out in this Agreement or such other address as a party may designate by notice given in accordance with this clause. A notice is deemed to be received when posted on the Portal, left at the recipient’s address or, if sent by pre-paid first class post or recorded delivery, forty-eight hours from the date of posting. If such deemed receipt is not within business hours (being between 9.00 am and 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt), the notice is deemed to be received when business hours next commence.

20.3 Each party agrees that without preventing any other mode of service permitted by any rule of court, any document in any proceedings (including but not limited to any claim form or other originating process) may be served on any party by being delivered to or left for that party at its postal address for service of notices under clause 20.1 and each party undertakes to maintain such an address at all times in the United Kingdom and to notify the other party in advance of any change from time to time of the details of such address in accordance with the manner prescribed for service of notices under clause 20.1.

21 GENERAL

21.1 This Agreement constitutes the entire agreement and understanding between You and Us and supersedes any previous agreements or understandings between You and Us relating to the matters contemplated by this Agreement.

21.2 Nobody else has any rights under this Agreement to enforce its terms, save that this Agreement may be enforced by any members of Our group from time to time as if they were originally a party to this Agreement.

21.3 Even if We delay in enforcing this Agreement, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this Agreement, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Services, We can still require You to make the payment at a later date.

22 GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party agrees that the courts of England and Wales (and no others) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

BROADBAND SPECIFIC TERMS 1 DEFINITIONS AND INTERPRETATION

1.1 IN THESE BROADBAND SERVICE SPECIFIC TERMS:

Acceptable Use Policy means the Amphora Connect acceptable use policy, accessible on Website;
Broadband Services means the broadband services, forming part of your Package, provided by Us to facilitate your access to the internet;
Terms means these Broadband Service Specific Terms; and

Amphora Connect Customer Terms means the terms governing Your relationship with us, accessible on Website, and of which these Broadband Service Specific Terms form part.
Any other capitalised terms used shall be as defined in the Amphora Trading Ltd Customer Terms.

2 WHEN THESE CONDITIONS APPLY

2.1 These Terms apply when You receive Broadband Services from Us.
2.2 These Terms supplement the Amphora Trading Ltd Customer Terms, and form part of the Agreement between You and Us, governing Your use of the Broadband Services.

3 OUR SERVICES AND MINIMUM COMMITMENT

3.1 We will supply the Broadband Services to You substantially in accordance with the Agreement. However, You acknowledge that due to the nature of the internet, it is not practicable for us to provide the Broadband Services completely free of faults.

3.2 The Broadband Services are provided on an ‘as is’ basis, with no warranties whether express or implied.
3.3 If you want to check the speed of the Broadband Services, you must do so in accordance with the speed testing guidelines on our Website.

3.4 In order to keep the Broadband Services performing correctly, We may from time to time temporarily suspend your access to the Broadband Services, in order to carry out repairs, maintenance or enhancements. We will try to minimise the impact of this on Your internet access, and We will restore internet access to You as soon as We can.
3.5 We may at any time, without notice, make any change, modification, addition to or replacement of any part of the Broadband Services where this is required to conform with any applicable safety or legal requirement, or at any other time, provided that such modification, change, addition or replacement does not materially detract from the quality or performance of the Broadband Services.

3.6 You acknowledge that neither the Broadband Services nor the internet are secure, and therefore We cannot guarantee the privacy of any of Your information when using the Broadband Services.

3.7 You acknowledge that the use of the internet is entirely at Your own risk, and We do not accept any liability for goods, services, information, software or other materials obtained when using the internet.
3.8 If We consider it reasonably necessary to protect the safety or quality of service to other customers, We may from time to time give You instructions about Your use of the Broadband Services, and you agree to comply with such instructions.
3.9 A dynamic IP address is provided as standard. On request at an additional cost Amphora Trading Ltd can supply a static Public IP address (IPV4), one per subscription.
3.10 Where You have chosen a 500Mbps service, the minimum speed you should receive is 440Mbps. Where you have chosen a 1Gbps service, the minimum speed you should receive is 940Mbps. These are the speeds based on a hardware connection to the router only and do not covers speeds or test via Wifi. 940Mbps is only achievable over a hard wired connection.

4 USE OF THE BROADBAND SERVICES

4.1 In order to access the internet using the Broadband Services, you will need to make sure that your equipment (e.g. laptop, phone, tablet, etc.) can connect to the Hardware by Ethernet or Wi-Fi connection.

4.2 You must only use or access the Broadband Services in accordance with Our Acceptable Use Policy.
4.3 In addition to the requirement at clause 4.1 above, You must not use the Broadband Services to send, access, store, distribute, transmit, post, upload or download any materials or data which:
(i) violates any applicable laws and regulation; (ii) is defamatory, offensive, abusive, obscene or constitutes harassment; (iii) is or may be harmful to minors; (iv) promotes or encourages illegal or socially unacceptable or irresponsible behaviour; (v) is in breach of any third party rights; (vi) has any fraudulent purpose or effect; (vii) uses any Internet Protocol (IP) address that We have not assigned to You; (viii) uses the Broadband Services in a manner not consistent with reasonable residential domestic use; (ix) risks degradation of services to other customers, or puts our network at risk; or (x) damages or may damage Our rights.
4.4 We reserve the right to monitor Your use of the Broadband Services, and if we determine that You have not used the Broadband Services in accordance with this clause 4, we may suspend your access to the Broadband Services, and/or terminate the Agreement.

5 SUPPORT

5.1 If your Broadband Services are not functioning as promised, then our customer services team will be happy to help You try and fix the problem.
5.2 However, before getting in contact with Our customer services team, we ask that you first try the following:
5.2.1 First – Troubleshoot the Broadband Services.

5.2.2 Second – Restart the device you are using to access the Broadband Services (e.g. Your phone, tablet, laptop etc.)
5.2.3 Third – Restart Your router, and ensure there is enough power going to Your router.

5.2.4 Fourth – Read through the FAQs on Our Website

5.3 If you still need assistance, please contact our customer services team by telephone on 0333 311 0003 or by email at enquiries@amphora-connect.co.uk during opening hours (available on Our Website).

5.4 Once you have raised an issue with our customer services team, We will use our best efforts to fix the problem as soon as reasonably possible.