York Data Services Logo

YORK DATA SERVICES LIMITED, A COMMUNICATE COMPANY

CONSUMER TERMS AND CONDITIONS

1.  Information about us
1.1 We are York Data Services Limited, a company incorporated in England with Company Number 04753514. Our registered office address is at 3 Innovation Close, Heslington, York YO10 5ZF. Our VAT number is 814597703. YDS is a Communicate Company whose registered office is Wynyard Park House, Wynyard Business Park, Tees Valley, TS22 5TB.
1.2 You can find everything you need to know about us, and our services on our website before you order. We also confirm the key information to you in writing after you order. Please read them carefully.
1.3 You can contact us by telephone on 01904 217000 or by emailing sales@yorkdataservices.com or by writing to us at our registered address. For general inquiries related to Communicate services, please contact enquiries@communicate.technology. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
1.4 These terms tell you who we are, how we will provide our services to you and how you and we may change or end the contract, what to do if there is a problem and other information that applies to you.
1.5 For clarity, these terms do not apply to our business customers. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
1.6 Use of our broadband service is subject to our Acceptable Use Policy and our Privacy Policy, both of which can be found on our website.
2.  Ordering
2.1 We will contact you to confirm we have received your order.  Our acceptance of your order will take place when we email you to accept it (order confirmation), at which point a contract will come into existence between you and us.
2.2 Sometimes we reject orders, for example, because a credit reference we have obtained is unsatisfactory, because we cannot verify your age or identity, because we are unable to provide the services in your location or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
3.  Minimum Period
3.1 Unless you are offered and/or you have chosen a monthly rolling package, your commitment will be for a minimum period lasting a certain number of months. Your order confirmation will specify any minimum period relating to the service you have chosen. A service starts, and the minimum period starts, on the date we activate the services.
3.2 You are unable to terminate during your minimum period unless we are in breach of the contract, or you are cancelling during the cooling off period as set out at clause 7.  Monthly rolling packages have no minimum period, but you must give us at least 30 days’ notice that you wish to cancel a monthly rolling package.
3.3 If you want us to stop providing the services at the end of the minimum period, you need to email us giving notice to us in accordance with these terms and conditions. We will notify you when your minimum period is due to end and confirm the rate that will apply if you do not take action to end or change the service.
3.4 Once your minimum period ends, unless you have asked us to stop providing the services or asked to change service, we will continue to provide the services to you at our standard monthly price that would be applied to new customers purchasing an equivalent service package to yours at the date your minimum period ends, but you may terminate this by giving us at least 30 days' notice.
3.5 If we agree to renew or upgrade any service, a new minimum period may apply from the date of your renewal or upgrade. Additional fees may also apply. We will tell you about these prior to your renewal/upgrade.
4.  Installation
4.1 We will aim to install any equipment needed for us to provide the services as soon as reasonably possible, but delays may occur. We will advise you of the estimated installation date when we confirm your order. If we are unable to install such equipment, we will inform you and not charge you for the service. This could be, for example, because the service is not available in your area, or we consider it too difficult to provide you with the service, or the service at your location does not meet our minimum performance requirements.
4.2 We may need to perform tests to check whether the services are available to you and temporarily deactivate your telephone line while we do this.
4.3 If we transfer your service from or to another provider, you may experience a temporary loss of service.
4.4 You will ensure we have access to your premises in order to perform checks and carry out installation.
5.  Equipment
5.1 You may need to use certain equipment provided by us to receive the service, for example a router. Any equipment we provide to you shall remain our property and must be returned at the end of the contract, as set out in clause 7.3.
5.2 You shall:
5.2.1 provide local mains power directly from wall mounted sockets which are available at the time of installation. Depending on the product ordered, multiple sockets may be required;
5.2.2 take good care of the equipment and ensure that it is kept in any environment which we may specify;
5.2.3 not modify or interfere with the equipment or alter any identification mark on the equipment showing it is owned by us or a third-party;
5.2.4 notify us if the equipment is faulty and return any of the equipment as we may request. Replacement equipment will be provided. In the event the fault is caused by you, we reserve the right to charge for the replacement equipment; and
5.2.5 be responsible for any loss of, theft or physical damage caused to the equipment;
5.2.6 not sell or transfer our equipment;
5.2.7 permit us to inspect or test the equipment remotely.
6.  Service
6.1 You must:
6.1.1 use the service in accordance with our Acceptable Use Policy;
6.1.2 not use the service in any way that is unlawful;
6.1.3 report any faults with the service or our equipment as soon as possible;
6.1.4 only use the service for personal (rather than business) use. You may use the service in the course of your employer's business for the purpose of working from your home address; and
6.1.5 keep any usernames or passwords we may provide you with in a confidential and secure manner at all times.
6.2 You agree that we may monitor the use of the service to ensure lawful use and to assist with our traffic and capacity management.
6.3 If you use the service improperly, we may exercise our right to suspend your use of the service or end the contract.
6.4 We shall provide the services using our reasonable care and skill.
6.5 We reserve the right at any time to make any modification, change, addition to or replacement of any part of the service and/or equipment where this is required to conform with any applicable safety, security or statutory requirements or guidelines, any applicable law or regulatory requirement or where such modification, change, addition or replacement does not detract from, reduce or impair the overall  quality or performance of the service and/or equipment, provided that any such modification, change, addition or replacement is carried out our expense, it being understood that where we are able and it is reasonably practicable to do so, we shall try to keep any disruption to a minimum and will provide reasonable notice prior to the commencement of any such works.
6.6 We will be entitled to sub-contract any part of the service. This may include subcontracting with other companies in the Communicate group where appropriate.
6.7 We reserve the right to charge you any call out fees and repair costs incurred where an engineer is called to investigate, identify and remedy a fault or issue with the service or the equipment, and it is found that the issue or fault was not caused or contributed to by us.
6.8 You acknowledge that we will rely on the accuracy, sufficiency and consistency of information provided by you when advising on solutions and options and that the service quality may subsequently be impacted if the information you have provided is inaccurate or incomplete. We will not be liable for any deficiency or fault in the service caused or contributed to by such inaccurate, insufficient or incomplete information.
6.9 No undertaking is given that the service will be free of faults, and you acknowledge that failure of the service caused by technical or other faults, or our access to a third-party's network, may occur from time to time. In the event of a fault, you should contact us for notification of faults and fault resolution.
6.10 To protect our network, we may restrict your use of our services where:
6.10.1 it may have a harmful effect on the experience of other users; or
6.10.2 your equipment has been infected by a virus; or
6.10.3 it is necessary to stop the spread of any virus within either your equipment or our network; or
6.10.4 it is necessary to comply with any law or regulations.
6.11 To make changes to technical specifications (including improvements and fault corrections), we may have to interrupt the service, but we will restore it as quickly as we can.
6.12 You acknowledge that your use of the internet, through our services, is at your own risk and therefore, we are not responsible for any information, purchases, content or material you access or may receive from a third-party.  We will not be responsible for  any loss, costs or damages that you may incur as a result of your activities on or use of the internet or others who you permit to access the internet through our services.
6.13 You accept that we cannot guarantee internet security and therefore you may wish to use additional security products, such as anti-virus software and firewalls.
6.14 We do not guarantee the security of our service against unlawful or unauthorised access or use, and your use of our service is at your own risk.
6.15 The actual speed and performance of the service you experience will depend on a number of factors, some of which are outside of our control. As some of our services are provided through third-party networks, we will not be responsible for faults, delays, interruptions, or reduced performance outside our control.
7.  You have a legal right to change your mind
7.1 Your legal right to change your mind. Where you have ordered the services online or by telephone, you have 14 days to cancel your order without giving us any reason (“cooling-off period”). However, if we provide or you ask us to provide the service and you use the services before the end of the cooling off period, your right to cancel ends.
7.2 How to let us know and what happens next. If you change your mind, in accordance with your legal rights under clause 7.1 above, please let us know by writing to us. Please refer to clause 1.3 for our contact details.  We will refund you as soon as possible and within 14 days of you telling us you have changed your mind.
7.3 You will need to return any equipment, undamaged and in its original packaging provided within 14 days of you telling us you have changed your mind. If you do not return our equipment you will have to pay for it. We will let you know how to return our equipment when you contact us to let us know that you have changed your mind. You will be responsible for the cost of return.
7.4 If you do change your mind, you will have to pay for any services that you have already received up to the date you told us you have changed your mind, including any installation, connection or activation charges associated with the services.
8.  Charges and Payment
8.1 The amount you pay for our services depends on the level of service/service package you have chosen. This is shown as a monthly amount (including VAT) on your order confirmation, payable in advance. Payments must be made by direct debit, credit or debit card or any other payment methods we support from time to time. Your first payment may include any activation fee and charges for installation, where applicable any other charges.
8.2 You are responsible for paying all charges that you, and any person accessing your service incurs.
8.3 If you fail to make any payment by the due date, you may be disconnected and a reconnection charge may be added to your invoice.
8.4 Price increases. In March of each year, an annual price increase may be applied to the amount you pay for the services. This annual price increase is calculated by multiplying the charges by a percentage comprised of i) the Consumer Price Index (CPI) rate of inflation as published by the Office for National Statistics in January of that year plus ii) up to 3.9%. This increase will take effect on or after 1st March.  We may also increase the charges where our partners increase the costs to us. Any change to the charges as a result of the annual price increase of CPI plus up to 3.9% will not give you the right to end the service without having to pay any increased charges or a termination fee.
8.5 Price increases, Outside of the annual price increase, we may review our charges at any time. If our prices are to change, we will give you 60 days’ notice and you will be entitled to contact us to terminate your contract if you do not accept the price changes as set out in clause 16.2.
8.6 We reserve the right to pass on any third-party charges we incur directly as a result of recovering any sums you owe to us.
8.7 If you chose to pay by direct debit, you must inform us immediately if your details change, as failure to do so may result in a suspension of the service.
8.8 If you use the service in a manner which is inconsistent with your purchased package, we reserve the right to apply the cost of the package that corresponds to your use of the service.
8.9 If you do not pay when you are supposed to and still do not make payment within 7 days of us reminding you that payment is due, we may suspend or restrict your use of the service until you have paid us the amounts owing. We may also terminate the contract in such circumstances.
9.  We charge interest on late payments
9.1 If we are unable to collect any payment you owe us, we will charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate (which changes from time to time). This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
9.2 If you think an invoice is wrong, please contact us as soon as possible to let us know. You will not have to pay interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the date of resolution of the dispute until payment is received.
10.  We pass on increases in VAT
10.1 If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
10.2 The services we provide you are only for personal use in the UK. We reserve the right not to provide VAT invoices.
11.  We are not responsible for interruptions and delays outside our control
11.1 If our supply of the service is interrupted or delayed by an event outside our control, such as failure by third-party networks, power outages, power shortages or internet outages, we will contact you as soon as possible to let you know and do what we can to reduce the interruption or delay. As long as we do this, we will not compensate you for the interruption or delay.
12.  Engineer Visits
12.1 We may charge you for an engineer’s visit if:
12.1.1 there is no one over the age of 18 years old present and authorised by you to make decisions in relation to our services and equipment;
12.1.2 you do not give 2 days’ notice to cancel the visit;
12.1.3 the incorrect address is given;
12.1.4 our engineer arrives at your property, but you no longer wish the work to be carried out; or
12.1.5 you refuse our engineer access to your property for any reason or they cannot access your property for any reason.
13.  Moving
13.1 If you are moving and wish to transfer your service to a different location you must provide us with at least 30 days’ advanced written notice before you move, in order to give us enough time to arrange to move your service to your new address. Provision of the same or similar services at your new address are subject to the availability of network coverage.
13.2 Following receipt of notice from you, we will advise you if it is possible to transfer the services to your new address. If we are able to transfer the services, we will arrange for the services to be transferred to your new address, which may be subject to additional charges. If we continue to provide the services to you at your new address under this contract, you will be subject to a new minimum term which will start on the date we start providing the services at your new address.
13.3 If you move during the minimum term, and we are unable to activate the services due to lack of network coverage or for any other reason at your new address, or you cancel the service, you will be liable to pay the full charges that you would have paid for the minimum term had it continued to its end.
14.  You can end your contract (find out how)
14.1 If you wish to end the services, or your contract with us, please contact us by emailing sales@yorkdataservices.com or enquiries@communicate.technology. In addition to your rights at clause 7, you may end your contract at any time (including during or at the end of the minimum period) by giving us 30 days' notice. You can do this by contacting us in writing. If you end your contract before the expiry of the minimum period, you will need to pay any charges due but which have not yet been paid for the remaining months left of your minimum period.
14.2 If you end your contract, you must pay any outstanding charges up to the end of your notice period.
14.3 You may end the contract immediately by notice in writing if:
14.3.1 we have told you about an upcoming change to the service or these terms which you do not agree to, as set out in clause 16;
14.3.2 we have told you about an error in the price or description of the service you have ordered, and you do not wish to proceed;
14.3.3 if we have notified you that supply of the service may be significantly interrupted or delayed because of events outside our control; or
14.3.4 you have a legal right to end the contract because of something we have done.
15.  You have rights if there is something wrong with your service
15.1 If you think there is something wrong with the service, you must contact us in the first instance. If we are unable to resolve the issue to your satisfaction, you may wish to visit the Citizens Advice website www.citizensadvice.org.uk for information.
16.  We can change the service, price and these terms
16.1 Changes we can always make. We can always make a change:
16.1.1 to reflect changes in relevant laws and regulatory requirements, for example if there is a change to VAT;
16.1.2 to make minor technical adjustments and improvements, that do not negatively affect your use of the product or service;
16.1.3 to reflect any way in which we manage our business.
16.2 Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the services or these terms, but if we do so we will notify you and you can then contact us. To end the contract before the change takes effect and receive a refund for any service you have paid for in advance but not received, if:
16.2.1 we increase the charges, unless such price increases are directed by law or regulations as set out in clause 8; or
16.2.2 we change the way we structure our services and the price we charge for those services.
17.  We can suspend supply (and you have rights if we do as set out in clause 17.2)
17.1 We can suspend the supply of services. We do this to:
17.1.1 deal with maintenance, repair and upgrading our network, technical problems or make minor technical changes;
17.1.2 update the product to reflect changes in relevant laws and regulatory requirements; or
17.1.3 make changes to the services (see clause 16.1.2).
17.2 We let you know, may adjust the price and may allow you to terminate. We will contact you in advance to tell you we are taking action to suspend the service under clause 17.1, unless the problem is urgent or an emergency. If we suspend the service for longer than a continuous period of 24 hours we will adjust the price, so you do not pay for it while it is suspended. If we suspend supply, or tell you we are going to suspend, for more than a continuous period of 72 hours you can contact us to end the contract and we will refund any sums you have paid in advance for services you will not receive.
18.  We can withdraw services
18.1 We can stop providing services. We will let you know at least 30 days in advance and refund any sums you have paid in advance for products which will not be provided.
19.  We can end our contract with you
19.1 We can end our contract with you for services and claim any compensation due to us if:
19.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of our reminding you that payment is due;
19.1.2 you do not, within a reasonable time of us asking for it, provide us with information, co-operation or access that we need to provide the services;
19.1.3 you breach any of these conditions and carry on breaking them after we have asked you not to do so; or
19.1.4 a bankruptcy petition is made against you, or you are discharged bankruptcy, or you enter into a voluntary agreement with your creditors.
20.  We do not compensate you for all losses caused by us or our services
20.1 We are responsible for losses you suffer caused by us breaking this contract, unless the loss is:
20.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
20.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 11.
20.1.3 Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update, or by correctly following the installation instructions, or having the minimum system requirements advised by us.
20.1.4 A business loss. It relates to your use of our services for the purposes of your trade, business, craft or profession.
20.1.5 Damage or loss caused by you. Where your actions or omissions have lead to us breaking this contract.
21.  We use your personal data as set out in our Privacy Notice
21.1 How we use any personal data you give us is set out in our Privacy Notice, which is available on our website. Please note that YDS, a Communicate Company, may share personal data with other Communicate group companies where necessary to fulfil the contract or provide services.
22.  You have several options for resolving disputes with us
22.1 Our Complaints Policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our Complaints Policy.
22.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Communications Ombudsman through their website at https://www.commsombudsman.org. The Communications Ombudsman does not charge you for making a complaint and if you are not satisfied with the outcome, you can still go to court.
22.3 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
23.  Other important terms apply to our contract
23.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
23.2 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
23.3 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
23.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not immediately require you to do something that you are required to do under these terms or we delay in taking steps against you in respect of you breaking this contract, that does not mean that you do not have to do those things and it will not prevent us from 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 payment at a later date.