Last updated: 5 June 2020
We’ve tried to make these Terms and Conditions (these "Conditions") clear and concise. We worked with a law firm which had a bird in their name to write this…
Cuckoo Internet Ltd is a company registered in England under company number 11926742, with its registered office at 68 Hanbury Street, London, E1 5JL and with VAT number 341752118 ("Cuckoo", "we", "us" or "our").
Cuckoo is an internet service provider and is regulated in the UK by Ofcom. Cuckoo provides broadband and telephony services to residential consumers. We have one single deal and a one month rolling contract. We also supply you with a router and ask that you return this to us if you leave.
We aim to supply download speeds of more than 63Mbps and uploads speeds of more than 17Mbps. The exact speeds you will get will depend on the devices you use, your router placement and how far you are from the cabinet on your street. We’ll try to be clear with you what speeds you can get.
Have a look at our Price List or cuckoo.co/broadband page to see pricing information.
When certain words and phrases are used in these Conditions, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters. Where a defined term is used, it has the meaning given to it in the section of these Conditions where it was defined. If a defined term is used but its meaning is not explained, you can find a definition at Condition 17.
You can contact us via:
· Via our help hub at: www.cuckoo.co/help
· Email at: firstname.lastname@example.org; or
· Post at: Cuckoo Internet Limited, 68 Hanbury Street, London E1 5JL
1. The Service and who can get it?
1.1. The Call Service and Broadband Service form the Service. You cannot take one element of the Service without the other. Full details of the products and services available are set out on www.cuckoo.co.
1.2. The Call Service includes both the Call Service and the Line Rental Service.
1.3. The Broadband Service is an 80/20 Mbps download/upload superfast broadband service.
1.4. The advertised download speeds of our Broadband Service is 63 Mbps and the average upload speed is as follows 17 Mbps and details of your normally available download and upload speed will have been provided to you at the point of sale.
1.5. Your actual speeds are likely to be lower because they are influenced by factors including: the quality of internal phone wiring, if you're using a fixed or wireless connection, faulty equipment, Network capacity and the number of Customers on the Network.
1.6. The Service is for residential use and not for business use.
1.7. The Service will be provided at your Address. This Address must be within the United Kingdom. You must be the account holder for your household’s existing telecommunications services or be authorised by the account holder to register for the Service. You can only have one subscription to your Address. The telephone line will be provided on one line at your address unless we tell you otherwise. If you change your address you must contact us by logging into your cuckoo account.
1.8. To enter into a Contract with Cuckoo Internet you must be 18 years old or over.
1.9. The Service is subject to a one-month rolling contract and you can cancel at any time after the first month by giving us 30 days' written notice (subject to termination requirements as set out in Condition 9).
1.10. When we provide you with the Service, we will use reasonable skill and care, but we cannot guarantee that the Service will never be faulty. This is because the Network, which allows you to access the Service, may be provided by other third party companies over which we do not have control.
1.11. By purchasing services from Cuckoo, you agree to manage your account online and pay by direct debit. This allows us to pass on lower costs to you. If you're unable to use our online service due to reasons we determine, acting reasonably, are beyond your control, you will in no way be penalised.
Availability of the Broadband Service only
1.12. Availability of Products will vary depending on the location of your Address. In order to provide you with the Broadband Service, we need to test your telephone line to ensure that broadband is available in your area. You are responsible for paying for any work that needs to be carried out on your telephone line past the master socket in your Address in order to receive the Broadband Service. When we activate your Broadband Service you accept that there may be a temporary loss of your telephone line – this is usually no more than an hour.
Availability of the Call Service only
1.13. You must have a working telephone line in your home. If you don’t have a working compatible telephone line, we may arrange for a new telephone line to be installed or an existing telephone line to be activated (“New Phone Line”) and you will usually be charged a new line fee (“New Line Install Fee”). The New Line Install Fee will be charged in accordance with the Price List as published on the day you order your New Phone Line. Your New Line Install Fee will be applied to your first or second bill. Cuckoo will not install or arrange for the installation of a New Phone Line where extensive new line construction over and above standard needs is required.
1.14. On receipt of your application to receive the Service, and provided you are eligible, we will begin switching your telephone services to our Call Service. We will notify you in writing of the estimated activation date for your Call Service. If you have an existing compatible line, this normally takes 10 working days from the date when the order is accepted. If we are unable to make the switch for any reason we will contact you. If you require a new line to be set up, and we agree to do this for you, your Call Service will normally take approximately 10 working days to be activated from the date you place your Order.
1.15. You will be able to access the emergency services using 999 or 112 using the Call Service except where you are using a cordless handset and the power supply is interrupted. When you call these numbers, we will give them information about your location so they can find you if they need to (known as ‘caller location information’).
1.16. If your telephone line is faulty, you will need to contact Customer Services, using the details set out in the "How to contact us" section at the start of these Conditions, to arrange repair and maintain the line and/or connection in accordance with this Contract.
1.17. Unless you tell us otherwise, you agree that we can give your name, address and phone number to regulated providers of directory services (so your details can be included in phone books and be found using publicly available directory enquiry services).
1.18. You agree that we are not liable if we provide any information about you to an authorised provider of public communications services or a regulated provider of directory services, and they make a mistake with listing your details (although we can tell you about other options that are available to protect and control how your information is used).
International and premium rate access
1.19. You can use the Call Service to make international calls. However, calls to some or all international or premium rate numbers may be barred. Please refer to the Price List for details.
Use of indirect access codes
1.20. You cannot elect to use indirect access codes (prefix numbers) to facilitate using another provider for some or all of your calls. If you endeavour to do so, we reserve the right to restrict or disconnect your Service.
Your telephone number
1.21. You accept that you do not own any telephone number we make available to you under your Contract. You agree not to sell or transfer to any other person any number provided to you or to advertise it in or on a BT phone box.
1.22. You may request us to ‘port’ (transfer) your existing number from another communications provider and we will try to do this wherever it is reasonably practicable. If this is not reasonably practicable we will provide you with a new number. We will notify you before we change your telephone number.
2. Using the Service
2.1. The Service for which you enter into a contract will start on the Commencement Date and will continue until terminated in accordance with Condition 9 of these Conditions.
2.2. The Service is for residential use. It must not be used for any commercial or business purposes or for any activities not reasonably expected of someone using the Service for residential domestic purposes.
2.3. You acknowledge and agree that your use of the Services, or anyone you authorise to use the Services, must be in compliance with any relevant laws that apply and the terms set out in this Condition 2.
2.4. You will be registered as the primary user but you can nominate additional users to manage your account provided they are members of your household and they consent.
2.5. You must comply with any instructions we give you about the Service and you acknowledge that we, our authorised contractors or our agents may give you instructions from time to time which we (or they) believe are necessary for the health, safety or quality of other telecommunications services provided to you by us.
2.6. You, and anyone you authorise to use the Service, must not use the Service:
2.6.1 to download, possess or transmit in any way, illegal material;
2.6.2 to engage in criminal, illegal or unlawful activities;
2.6.3 to send or procure the sending of any unsolicited advertising or promotional material;
2.6.4 to violate or infringe the rights or property of any person, including rights of copyright and any other intellectual property rights, privacy or confidentiality;
2.6.5 to artificially inflate traffic, send, communicate, knowingly receive, upload or download data or make any calls in such a way or in such amount that you know or ought reasonably to know may have a material adverse effect on the integrity of the Network (or any part of it) or impact on other customers’ services;
2.6.6 for any purpose which we may reasonably notify you of, from time to time, due to the introduction of new legislation or applicable regulations; or
2.6.7 other than in accordance with this Condition and, where relevant any internet standards.
2.7. We make every effort to ensure the security of your communications using the Service. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to a digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed.
2.8. The Service is also provided to other users and we owe a duty to our Customers as a whole to preserve our Network integrity and to avoid Network degradation. Accordingly, if, in our reasonable opinion, we consider it necessary to maintain Network integrity or prevent Network degradation we may change your Service, (including without limitation, your broadband Transmission Speed) or manage your use of, or access to the Service as we see fit in the circumstances. These reasons include but are not limited to, any circumstances where you are running an application or program that places excessive bandwidth demands on the Broadband Service for continued periods.
2.9. We may modify or temporarily suspend the Service, or part of it, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of the Service and we will restore the Service to you as soon as we can. Where possible, we will endeavour to notify you of such activities in advance.
2.10. We reserve the right to investigate any suspected violations of this Condition 2.
2.11. If you or an individual who you have knowingly or unknowingly allowed to access our Services act in breach of Condition 2, we may without prior notice:
2.11.1 issue a formal warning to you, specifying a breach of this Condition and requesting that you comply with its terms;
2.11.2 temporarily restrict or suspend your access to any of the Service;
2.11.3 terminate your account; and/or
2.11.4 take any other reasonable action.
Use of the Broadband Service
2.12. We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the Broadband Service or the Router or other equipment provided by us or on our behalf for use in conjunction with the Broadband Service by you or anyone you have allowed to use the Broadband Service.
2.13. If your Call Service is disconnected for any reason, you will lose your connection to the Broadband Service and there may be a delay in being reconnected to the Broadband Service. If a re-connection fee is payable, we will tell you the amount of this fee before charging you. You will be charged for the Broadband Service throughout this period, unless the disconnection or delay in reconnection has been caused by us, our authorised contractors, or our agents.
2.14. In addition to Condition 2.6, you must not use the Broadband Service:
2.14.1 to intentionally impair or attempt to impair, without authorisation, the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data; or
2.14.2 to prevent legitimate users from using or enjoying the benefit of the Broadband Service or any other similar service, including but not limited to, attempts to 'flood' the Network or to disrupt users from connecting to, accessing or using the Broadband Service (also referred to as Denial of Service Attacks); or
2.14.3 for the purposes of intrusion, or attempts to intrude, into the equipment and systems of any third party, or the mounting of any harassment campaign, including Denial of Service Attacks.
2.15. We recommend that you install your own security software as we do not provide anti-virus software as part of the Broadband Service. Cuckoo is not responsible for any consequences of your failure to employ appropriate security measures to prevent unauthorised access by any third party to the Broadband Service.
3. Equipment and faults affecting the Service
3.1. You must ensure that any equipment which you use in connection with your Service is in good working order and conforms at all times to all applicable regulations and laws. You agree to provide us with information about your equipment that we reasonably request.
3.2. With regards to the Call Service, we will not provide you with a telephone handset for use with the Call Service.
3.3. From time to time, faults with the Service may occur and we will try to resolve faults as soon as possible and ideally within 48 hours of receiving notice of the fault from you,
3.4. If there is a fault with your Service, contact our Customer Services via your online Cuckoo account. You agree to undertake the diagnostic tests requested by our Customer Service representatives in order to try and determine what the fault is. We will try to resolve any fault as soon as possible.
3.5. Any fault investigation and repair work or installation of a new line, shall usually take place between: 8:00am – 6pm Monday to Friday, excluding public and bank holidays.
3.6. We will be responsible for repairing faults arising out of any act or omission by us, or repairing faults due to fair wear and tear on your line. We will not be responsible for any fault or wear and tear on any part of your line beyond the master socket inside your home.
3.7. You will take all reasonable care to ensure that any equipment we provide to you (including the Router), are kept in good working order. You must not modify or in any way interfere with any equipment we provide to you. You will be responsible for the reasonable costs of engineer call outs, replacement equipment and/or labour charges if:
3.7.1 you have agreed to a visit from our engineer and you or someone over the age of 18 authorised by you is not present and/or if the engineer is not able to come onto the Address or gain access to the relevant equipment, or you do not follow our reasonable instructions to prepare your Address for the engineer’s visit;
3.7.2 the engineer attends but finds there is no fault with your line or the master socket;
3.7.3 we reasonably believe that the fault was caused by you or by anyone for whom we are not responsible adding to, modifying or in any way interfering with your line, or by your equipment or any equipment we provide to you;
3.7.4 the fault is found to exist as a result of your failure to follow our reasonable instructions or these Conditions; or
3.7.5 the fault is on any part of your telephone line beyond the primary telephone socket onwards inside your home, and has not been caused by us or anyone for whom we are responsible.
3.8. Details of engineer call out fees, replacement equipment costs and labour charges can be found in our Price List and we will confirm the engineer call out fee when you arrange an engineer's visit and confirm replacement equipment costs and labour costs before we call out any fault repair activity.
3.9. You agree to follow any reasonable instructions that we may give you and to allow us access to your Address if we need it. You also agree to provide a suitable and safe working environment for us (including any subcontractors or agents acting on our behalf) and/or Openreach as our agent whilst carrying out any work at your Address, including any line installation/ activation work. You will also need to:
3.9.1 prepare your Address in accordance with any reasonable instructions given by us or any of our authorised agents, authorised contractors or sub-contractors, or Openreach;
3.9.2 get any necessary permissions to enable your line to be installed or repaired, including any permission to cross land or put equipment on property owned by someone else;
3.9.3 provide a suitable place and conditions for equipment including connection points required; and
3.9.4 provide access to electricity, as reasonably required by Cuckoo or our agents, including Openreach, to connect or repair your line.
Equipment relating to the Broadband Service only - the Router
3.10. To be able to receive and use the Broadband Service you will need an existing telephone line or a New Phone Line and other computer devices. You accept you may need to modify your computer slightly to make it operate with the Broadband Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty that you may have concerning your computer. We will not be liable if any such warranty has been invalidated as a result of work carried out by you, us or our agents (including Openreach) to make your computer operate with the Broadband Service, except in the event of our negligence.
3.11. As part of the Broadband Service we will supply one Router to you under this Contract.
3.12. We will send the Router to your Address and you must comply with all reasonable installation instructions and advice that we provide to you.
3.13. The Router we provide to you as part of Broadband Service will remain the property of Cuckoo. The software in the Router and in any other equipment provided to you by us or on our behalf for use in conjunction with the Broadband Service is also owned by or licensed to Cuckoo.
3.14. The Router and any other equipment provided by Cuckoo (or on its behalf) for use in conjunction with the Broadband Service are not supplied as being capable of being used to access any other internet service.
3.15. You must inspect the Router as soon as you receive it and tell us of any damaged or missing items within 30 days of receiving the Router by informing Customer Services. We will then send you a replacement Router or any missing parts. If we send a replacement Router, you must return to us the faulty Router (including all additional items such as power cables and micro-filters) to us.
3.16. Returns information, including details of the Router to be returned and packaging and a pre-paid returns label (where applicable) will be sent to you. We will accept proof of postage as proof that you have sent us the faulty Router. If you fail to return the Router within 30 days after you notify us of the fault and we send you a replacement Router, we may charge you for the replacement Router. For further details regarding the price of the Router, please see the Price List.
3.17. If you wish to use a router or any other equipment that we have not supplied, we will not be able to provide you with technical support for any installation and/or connection problems you may experience as we cannot guarantee that the applicable Broadband Service will work with other manufacturer's equipment.
3.18. Any replacement equipment supplied by us will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent).
4. Payments and billing
4.1. The Charges shall be effective from the Commencement Date for the Service.
4.2. You must pay all the Charges incurred by you, or any person using the Service.
4.3. Within 30 days of the Commencement Date, we shall prepare and send to you a bill for the Service you have used. Thereafter we shall prepare and send to you a bill at the end of every Billing Period (usually monthly).
4.4. The Broadband Service Charges, Line Rental Charges and certain Call Service Charges will be billed monthly in advance. Monthly charges incurred for periods of less than one month will be calculated on a pro rata basis. Calls made using any Call Service will be billed monthly in arrears. Details of our current prices are set out in the Price List.
4.5. All bills must be paid by way of direct debit to Cuckoo or such other entity as we may notify to you from time to time unless we agree to an alternative payment method. We shall collect each bill using the payment method you register with us on the payment due date shown on your bill. This date will be on or around the same time each month, unless we otherwise notify you in writing in advance. Unless we expressly agree otherwise, any and all Charges are inclusive of VAT.
4.6. If we agree to an alternative payment method then please note that your Charges may increase. If a direct debit is dishonoured or cancelled we shall be entitled to pass on to you any third party charges we incur and in addition, we may suspend or terminate your Service. We shall also be entitled to charge you a monthly administration fee, as set out in the Price List, for each month in which your direct debit is dishonoured or not reinstated following cancellation.
4.7. If you have provided unauthorised payment or other details, we can suspend provision of the Service without giving you notice. This does not affect our right to end this Contract under Condition 9.
4.8. If you miss any payments you owe to us for the Service we may charge you a reasonable fee as set out in the Price List. You will also be responsible for paying all reasonable debt recovery fees/charges incurred in recovering your debt, including fees charged by any debt collection company we use as set out in the Price List. We will send you a reminder or call you before applying any late payment fees or instructing a debt collection company.
4.9. Upon termination of any Service for whatever reason all sums outstanding and any cancellation charges arising as a result shall be treated as a debt and shall become immediately due and payable. For clarity, this includes any charge that we incur from a third party for disconnecting you from the Service.
4.10. Our Price List sets out the discounts in relation to the Charges that are available to Cuckoo Customers. Please see our Price List for further details.
Call Service Charges
4.11. Call Service Charges will be calculated in accordance with the Price List.
4.12. When you sign up to use the Service, we will give you the option to donate a percentage of your bill to a charitable cause. If you do not wish to donate a proportion of your bill to a charitable cause, you will be given the option not to do so. You can change your preferences at any time by contacting Customer Services using the details set out in the "How to contact us" section at the start of these Conditions. Further details on charitable donations can be found here: cuckoo.co/compass
5. How we can change the Service
5.1. We may make changes to or impose new Charges for the Service by putting a notice on our Website www.cuckoo.co. Service Charges as applicable from time to time may be viewed at the Price List. We will give you at least 30 days' notice by email of any proposed changes to the Charges.
5.2. We may change your Charges for the Service if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing, including to reflect a change in the rate of VAT or other applicable taxation charge or levy, which affects your Service Charges directly or our pricing structure generally. Where practicable, we will give you at least 30 days' notice of changes pursuant to this Condition 5.2.
5.3. We will update the prices on the Price List before any price increase takes place and we will give you at least 30 days’ notice by email. We will also inform you by email about any other changes.
5.4. If we reduce the level of your Service or we increase the monthly charge for your Service you may give us notice that you wish to end this Contract.
5.5. For Broadband Services, please note that we cannot guarantee the Transmission Speed. The Transmission Speed estimated at the point of your Order may be different to what you actually receive. If you change Address, we will advise you of the estimated speed you will receive at your new Address when you notify us of the move.
5.6. You also accept that “upload speeds” will always be slower than “download speeds” and we can provide further details of the same upon request.
6.1. Before you connect the Router to your computer, you should back up or save any data on your computer. We are not responsible to you if you lose any data.
6.2. The use of any software provided by us will be subject to the terms of any relevant end user licences or other agreements which are reasonably required by the owners of such software and that we have brought to your attention.
7. What we are not liable for
7.1. We will not be liable to you (or any other person whom you allow to use the Service) under this Contract, for:
7.1.1 the act of restricting or ending your Service(s) in accordance with Condition 9;
7.1.2 any delay or failure by us to provide any element of the Service where such delay or failure is caused by events outside our reasonable control (such events include but are not limited to severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action or caused by any authorised contractors or sub-contractors that have been instructed to carry out works);
7.1.3 any loss or damage caused by the Service, the Router, your network equipment, us or any of our respective officers, employees, sub-contractors or agents in circumstances where:
(a) there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees or agents;
(b) such loss or damage is not a reasonably foreseeable result of any such breach; or
(c) any increase in such loss or damage results from breach by you of any term of these Conditions;
7.1.4 any loss or damage caused by the Service, the Router, your network, us or any of our respective officers, employees sub-contractors or agents to the extent that such loss or damage results from any breach by you of these Conditions;
7.1.5 any loss or damage caused by viruses or unauthorised use, or attempts to access the Service, or in the case of the Broadband Service your computer;
7.1.6 any loss of business, contracts, profits, anticipated savings, reputation, or revenue;
7.1.7 any calls made through an alternative telephone service provider;
7.1.8 any loss or damage resulting from your failure to connect to the Service that was not caused by us, our employees or agents or our suppliers;
7.1.9 any loss or damage of the Service due to a fault in the equipment or telephone line you use to access the Service, unless provided by us;
7.1.10 any failure of monitored safety, security or other alarm systems due to incompatibility with the Service, or due to the restriction or ending of the Service, or any other reason which is not due to our fault or neglect;
7.1.11 any fault in the Router, cabling or network equipment caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions, or these Conditions;
7.1.12 any use made of the Broadband Service, nor for any content which is accessed, sent or received using the Service, nor for any charges incurred with any third party or for any transactions entered into through the Broadband Service, unless caused by us;
7.1.13 any failure of monitored safety, security or other alarm systems due to incompatibility with the Broadband Service, or due to the restriction or ending of the Broadband Service, or any other reason which is not due to our fault or neglect; or
7.1.14 Denial of Service Attacks.
7.2. Nothing in this Contract will limit or exclude any liability we may have to you for:
7.2.1 death or personal injury as a result of our negligence or that of our agents, employees or sub-contractors;
7.2.2 fraud or fraudulent misrepresentation; or
7.2.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
7.3. No company nor its officers, employees or agents who act as Cuckoo’s agent in providing any part of the Service shall be liable to you or any other person who you allow to use the Service.
8. How we can change these Conditions
8.1. We can amend these Conditions. We will notify you of any such changes and you will receive at least 30 days’ notice in writing of any changes or additions to these Conditions.
8.2. We will inform you if we believe you are materially disadvantaged by this change and you may end this contract under Condition 9 without incurring Early Termination Charges.
9. Duration, Suspension and Termination of the Contract
How long your Contract lasts
9.1. The Service has a minimum period of 1 month from your initial Commencement Date ("Minimum Period"). After the Minimum Period, this Contract will continue on a monthly basis until either you or we end it.
Cooling Off Period
9.2. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations"),you have the right to cancel your Order, for any reason, within the first 14 days from the day after the day on which this Contract has been entered into or the day on which we deliver your Router or other equipment needed to use the Service, whichever is later ("Cooling-off Period"). You can do this by contacting us, using any of the details set out in the "How to contact us" section at the start of these conditions.
9.3. We will send you an acknowledgement of receipt of your request to cancel.
9.4. If you exercise your right of cancellation in accordance with Condition 9.2, this Contract will come to an end and we will reimburse to you all payments received from you for your Service, other than as set out in Condition 9.5. We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel your Service. We will make the reimbursement using the same means of payment you use to pay for your subscription, unless you expressly agree otherwise.
9.5. If you request that we provide the Services during the Cooling Off Period and we've already started providing the Service by the time you cancel it, you'll have to pay us the full cost of the Services you've received which may include a disconnection fee for any work that may have been done at your home or local exchange.
9.6. If you cancel a Service within your Cooling Off Period and we've provided you with a Router, you must return the Router (including all cables and software that came with it) to us within 14 days of the cancellation date using the pre-paid returns envelope which we will provide you with. We will accept proof of postage as proof that you have sent us the Router. If you fail to return the Router in accordance with this Condition or the Router is faulty or damaged we may charge you, using the payment method you registered with us, for the full cost of the Router, as set out in the Price List. This may be more than the price you paid for the Router initially. If the Router is returned later than the 14-day period, we may refund you for amounts already paid for the Router. We reserve the right to reduce the refund if there is any damage or if the value of the Router is less than the original charge.
Suspension and Termination
9.7. We may immediately restrict or suspend your Service until further and notice without compensation if:
9.7.1 we reasonably suspect that you are in breach of these Conditions; or
9.7.2 you are in breach of your obligation to pay the Charges and have not remedied the breach within seven (7) days of you being reminded to pay your bill. You should also note that if you have subscribed for our Service and fail to meet your payment obligations, your use of the Call Service may be restricted and you will not be able to receive incoming calls or make outgoing calls (except for emergency calls) and you will not be able to use the Broadband Service; or
9.7.3 we are obliged to, in order to comply with an order or request of the UK Government, an emergency services organisation or other competent authority; or
9.7.4 we have reasonable cause to suspect fraudulent use of a payment card, whether a Credit or Debit Card or otherwise; or
9.7.5 where we monitor activity on the Network in accordance with Condition 2, we identify an unexpected peak in use of the Service due to, for example, higher than usual call volumes, unusually high rates of calls to premium numbers or unusual usage of Service, which indicates fraudulent use of the Service that the account holder may not be aware of.
9.8. If we suspend your Service pursuant to Condition 9.7, your Contract will still continue and you shall reimburse us our costs and expenses reasonably incurred in restricting the Service and/or recommencing them. In addition, you must pay all Charges due from you under your Contract incurred prior to the time when your Contract is properly terminated. If we restrict the Service, we will not provide it again until you confirm that you will use the Service only as agreed in these Conditions.
9.9. If we exercise the right to restrict (or bar your access to) the Services, this shall not affect our right to terminate your Contract under this Condition 9.
9.10. You may end this Contract by giving us 30 days' notice at any time. You can do this by contacting us using any of the details set out in the "How to contact us" section at the start of these Conditions. If you cancel one element of your Service (for example your Call Service) then the other element of your service (in this example the Broadband Services) will automatically terminate.
9.11. We may end this Contract by giving you 30 working days’ notice in writing at any time.
9.12. When this Contract ends, you will need to make arrangements to switch to an alternative service provider if you want to continue receiving a full telephone and broadband service. During any notice period the Service will continue to be available unless your Service has been restricted in accordance with Condition 9.7 or ends in the circumstances set out in Condition 9.14. However, we may restrict your ability to make premium rate and/or international rate calls using the Call Service during any notice period. You will be charged for the Service during any notice period whether or not you have switched provider.
9.13. If you are switching to a provider which cannot provide services on your existing telephone line (e.g. a cable provider) or you no longer require a telephone line at your Address, you must give us at least 30 days’ prior notice to cancel your Service. Your Service and this Contract will end once this notice period expires.
9.14. Without prejudice to Condition 9.7, we can immediately end this Contract without compensation for the reasons stated in Condition 9.7, or if:
9.14.1 you, anyone you authorise to deal with us on your behalf, or any of your additional users act in a way towards our staff or agents which we reasonably consider to be inappropriate;
9.14.2 we have reasonable grounds to suspect fraud or any other unauthorised activity;
9.14.3 you breach this Contract and we waive your breach, or if we suspend your Service in accordance with Condition 9.7 and you breach the Contract again or act in a way which gives rise to the right for us to suspend your Service in accordance with Condition 9.7 again;
9.14.4 you are or become bankrupt or enter in to an IVA or similar credit agreement; or
9.14.5 if at any anytime our Network Partners cease to provide services such that we are unable to continue to provide any of the Services to you (for example if the Service has been used contrary to the obligations set out at Condition 2),
We will not refund any Charges or other payments made under this Contract if we end this Contract under this Condition 9.14.
9.15. If at any time either you or we end your Service with us for any reason and you have made any cash, debit or credit card payments in advance for that Service, we shall only refund the excess of such payments that remains after settlement of all charges on your Cuckoo account. If we have awarded you any goodwill credits during your Contract, we shall apply those first to any outstanding charges on your account before we send your final bill.
9.16. When you cancel your Broadband Service (other than during the Cooling-off Period referred to in Condition 9.2) we may request that you return the Router to us using the pre-paid returns envelope which we will provide you with. We will accept proof of postage as proof that you have sent us Router. If we do not receive the Router back within 30 days from the date that we cease to provide you with the Service or the Router is returned damaged, we may charge you, using the payment method you registered with us for the cost of Router. For further details regarding the price of the Router, please see the Price List.
10. Use of your personal data
11. How this Contract can be transferred and third parties
11.1. We can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way. If we intend to transfer our rights or obligations under this Contract, we will give you at least 30 days' notice. If you do not wish to continue using the Services following the transfer, you can cancel this Contract in accordance with Condition 9.
11.2. This Contract is personal to you and those you authorise to use the Service at your Address. You may not transfer your rights or obligations under this Contract to anyone else other than any close relatives, spouse etc. who resides at the same Address. No other third party is entitled to benefit under this Contract except pursuant to Condition 11.1.
12.1. Where we are required under this Contract to give you notice in writing, we can give you this notice by letter or by email. We will send notices using any of the contact details you have given us for this purpose (including, unless you tell us otherwise, to your primary email address).
12.2. You must provide us with current, accurate contact details which we will use to communicate with you regarding the Service and the Contract. You must keep this information up-to-date.
12.3. Unless otherwise stated, if you give us any notice that is required under this Contract (other than to end your Contract) it should be via one of the contact methods specified in these Conditions.
12.4. Any notice you give us to end this Contract where you have a right to do so (other than where you are exercising your right to cancel during your Cooling-off Period, for which see Condition 9.2 to Condition 9.6) must be given via one of the contact methods specified in these Conditions (we will process notices given by this means as soon as reasonably practicable).
13. Referral programme
13.1. Programme eligibility and delivery
13.1.1 The Referrer and Recruit will each receive a Reward when the Recruit successfully switches their broadband to Cuckoo, subject to the conditions in this Condition 13.
13.1.2 The Programme is open to Referrers and Recruits who are over 18 and are residents of the UK.
13.1.3 The Recruit agrees that their name, total referral count, and choice of charitable cause may be shared with the Referrer and other Cuckoo users.
13.1.4 Referrers must be existing Cuckoo Customers. Recruits must not have already signed up to Cuckoo or be an existing Customer, already on supply with Cuckoo, or a Customer of Cuckoo in the preceding 12 months, including under any email address or alias.
13.1.5 The Recruit must use the Referrer's unique link to switch broadband to Cuckoo on www.cuckoo.co. Referrals claimed retrospectively are not eligible and will not be rewarded. Cuckoo is not responsible for failure to issue rewards resulting from an incorrectly quoted unique link.
13.1.6 A Referrer or a Recruit will not receive more than one reward per Address.
13.1.7 If the Recruit cancels their contract with Cuckoo before the Switch Date, this will result in the cancellation of the Referrer's Reward and the Recruit's Reward.
13.1.8 The Referrer will be notified by email once a Recruit has signed up, on the Sign-up Date, and again when the Reward has been earned.
13.1.9 Referrers may offer additional rewards to Recruits as long as it is clear that the additional Reward is entirely the responsibility of the Referrer and not the responsibility of Cuckoo.
13.1.10 Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Programme or any portion thereof for any reason, or upon cancellation of a User's Cuckoo account for any reason, any unredeemed Rewards accumulated by the User are forfeited. Rewards that have been added as credit to the User's account are considered redeemed, and will not be refunded to the User on termination of the User's Cuckoo account.
13.1.11 Every Reward advertised on Cuckoo's website will be subject to this Contract. In addition, the Reward will be subject to any specific or bespoke terms notified to you at the time you register for the Programme.
13.2. Promotion of unique links
13.2.1 Unique links should not be used by professional landlords or businesses.
13.2.2 You must make it clear when referring that it is a personal recommendation and that you do not represent Cuckoo or any Cuckoo employee when promoting your unique link.
13.2.3 No paid advertising of Unique Links is allowed across any search engines or social media platforms.
13.2.4 We have a no tolerance spam policy.
13.2.5 If a Referrer provides a Unique Link to a Recruit in any format (electronic or otherwise), the provision of that link must be distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, employees, customers and family members.
13.2.6 If you submit an email address to Cuckoo, and it’s not yours, you must have prior consent from the owner of the email address.
13.2.7 Bulk distribution, distribution to strangers, posting Unique Links on online marketplaces such as Amazon or Ebay, or any other promotion of a Unique Link in a manner that would constitute or appear to constitute unsolicited proliferation of a link or "spam" is expressly prohibited.
13.2.8 Each User must be the actual sender of any emails containing Unique Links and must comply with applicable law.
13.2.9 Unique Links may not be posted or shared on review platforms such as, but not limited to Trustpilot and Google reviews. This is to protect the integrity of reviews. You must not use Cuckoo's brand to promote Unique Links, though you may link to Cuckoo's website or social media accounts.
13.2.10 Unique Links may not be posted or shared in reply to comments on Cuckoo's platforms, or Cuckoo profiles on other platforms. This includes but is not limited to the Cuckoo Community, and Cuckoo social media pages. This is to ensure that these platforms remain a place for their intended content and discussions.
13.2.11 As an exception to Condition 13.2.10, Unique Links may be shared on Cuckoo platforms when it is in direct response to a non-Cuckoo member requesting a unique link.
13.3. Further obligations
13.3.1 Users are responsible for any tax implications resulting from receiving a Reward.
13.4. Cuckoo programme discretion
13.4.1 Cuckoo reserves the right to verify Referrers and Recruits, and require proof of eligibility.
13.4.2 The method by which Referrers may refer shall be at the absolute discretion of Cuckoo.
13.4.3 Cuckoo has no obligation to monitor the content provided by Users; however, Cuckoo may choose to do so and block any email messages, remove any such content, or prohibit any use of the Programme.
13.4.4 Cuckoo may remove posts shared on our community, social media, or review platforms if they are in breach of these terms.
13.4.5 Cuckoo may delay issuing a Reward for the purposes of investigation. Cuckoo may also refuse to verify and process any transaction Cuckoo deems, in its sole discretion, to be fraudulent, suspicious, in violation of this Contract, or believes will impose potential liability on Cuckoo, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
13.4.6 We will act reasonably when making any decision in respect of whether or not a User is entitled to a Reward. Any such decision shall be final and binding.
13.5. Suspension of the referral programme
13.5.1 Cuckoo may suspend your Rewards account at any time should you be in breach of this Contract.
13.5.2 If we suspend your Rewards account for any reason, we may refuse to provide you the right to receive any Rewards.
13.5.3 Cuckoo may suspend the Programme at any time for any reason. We will give you at least 30 days' notice of our intention to do so.
13.6. The Cuckoo brand
13.6.1 We want to make sure the Cuckoo brand is used in the right way. We don't want to confuse people. Feel free to link to Cuckoo's website/social media accounts, but please do not use the Cuckoo brand name in any of your own online profile names, handles, or website URL.
13.6.2 Please get written permission from Cuckoo before using any of Cuckoo's brand features. Cuckoo's brand features include but are not limited to: The Cuckoo logo, Cuckoo's brand colours, Cuckoo's font and Cuckoo's supergraphics.
14.1. We have a Complaints Code of Practice which explains the steps you need to take when you want to complain to us about something and your rights.
14.2. Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Address: Cuckoo Internet Limited, 68 Hanbury Street, London E1 5JL
Email address: email@example.com
Telephone number: [***]
14.3. Any calls you make to Customer Services may be recorded and so you hereby grant us, or our agents, the right to monitor or record your calls, emails or SMS to or with our Customer Services for our lawful business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.
15. Law and geographical limits
15.1. This contract is governed by English law. This means that any dispute (contractual or non-contractual) or claim arising out of or in connection with these Conditions will be governed by English law. However:
15.1.1 if you’re a resident of Scotland, you may bring proceedings in Scotland; and
15.1.2 if you're a resident of Northern Ireland, you may bring proceedings in Northern Ireland.
16.1. If any provision of this Contract is found to be invalid or unenforceable, the remaining Conditions will continue to apply.
16.2. If either party fails to exercise a right they may have under these Conditions, it does not mean that right is waived.
17. Definitions and Interpretation
17.1. In this Contract (unless the context otherwise requires):
“Address” means the residential address at which we provide the Service to you, as notified to us by you from time to time;
"Billing Period" means any period, usually monthly, in respect of which we bill you from time to time for your use of any of the Services provided to you;
"Broadband Service" means the high speed access to the internet provided in accordance with the particular type of Product and Service supplied to your Address via either our Network Partner in accordance with the terms of your Contract;
“Charges” means the charges for the Service and includes: charges for your Product, Call Service charges or any other telecommunications services requested by you; and
“Call Service" means the service that we provide to you that allows you to make and receive telephone calls in accordance with the terms of your Contract and any additional telecommunications services requested by you which, for the avoidance of doubt, may include without limitation international access;
“Cease Charge” means the charge described in Condition 4.10 as amended from time to time and published in the Price List;
“Cooling Off Period” means the statutory cooling off period as more particularly defined within Condition 9;
"Commencement Date" means the date(s) upon which we commence our supply to you of one or both of the elements of the Service. This date will be communicated to you by us. This date is not guaranteed but the Call Service shall be deemed to be ‘active’ from midnight on the day before your Commencement Date;
“Complaints Code of Practice” means the document where you can find out about our Services and other customer care policies. The Code of Practice is published on our Website at www.cuckoo.co/code-of-practice;
“Contract” means the Contract between you and us. You agree to pay for the receipt of the Service set out in these Conditions (together with such changes and/or other terms as may be notified to you from time to time) as amended from time to time;
"Credit or Debit Card" means your nominated credit or debit card, details of which you have provided to us by any means;
"Customer" means any customer who enters into the Contract;
"Customer Services" means the customer services facility provided by us for you to report any faults with any Service or make general or account enquiries. Help-line facilities are available in respect of Service between the hours of 9am to 6pm Monday to Friday. All calls made to Customer Services will be charged at national rates. Calls to Customer Services may be monitored.
"Denial of Service Attacks" means any attacks to the Network on which the Broadband Service is provided or any other third party's network, the purpose of which are to attempt to prevent legitimate users from using or enjoying the benefit of the Broadband Service or any other similar service (as the case may be), including but not limited to, attempts to 'flood' the Network or to disrupt users from connecting to, accessing or using the Broadband Service;
“Early Termination Charges” means the fee to compensate for our losses if you cancel or terminate your Service during the Minimum Period. Details of this fee are set out in the Price List;
"Line Rental Charges" means our rental charges as amended from time to time in the Price List;
"Line Rental Service" means the line rental service provided to you by us, which allows you to obtain from us the telephone line(s) on which you make and receive your calls or connect to the internet;
"Network" means the network, operated by our Network Partners, through which we provide the Services to you;
"Network Partner" means the wholesale supplier that operates the Network;
“New Phone Line” has the meaning given in Condition 1.13;
“New Line Install Fee” has the meaning given in Condition 1.13;
"Order" means any order that you submit to us for the Service;
“Openreach” means Openreach Limited, a subsidiary of British Telecommunications Plc (BT) registered in England and Wales with company number 10690039 and (as at the date of these Conditions) having its registered address at Kelvin House, 123 Judd Street, London, WC1H 9NP;
“Price List” means the online location where the Charges for the Service can be found. All relevant Charges can be found at: www.cuckoo.co/broadband;
“Products” means the options open to a Customer when choosing how they would like elements of the Service to be provided. These options are available (as amended from time to time) in the Price List;
"Programme" means Cuckoo's referrals programme;
"Recruit" means the person being referred under the Programme;
"Referrer" means an existing Customer who is participating in the Programme;
"Reward" means the reward amount offered by us under the Programme. The reward will vary by campaign. The active reward for a Referrer is shown on their personal referrals dashboard page;
"Router" means the high-speed wireless Router together with any ancillary equipment (which may include microfilters, wireless USB adapters and other peripheral equipment) that we, or our authorised distributors, may sell or supply to you when you subscribe to the Broadband Service that enables you to connect your computer to the internet;
"Service" means the Call Service (which includes the Line Rental Service) and the Broadband Service; and any other telecommunications services that we may provide to you pursuant to your Contract;
"Sign-up Date" means the date that a Recruit informs us, via enrolment on the Website, that they want to switch their broadband to Cuckoo;
"Switch Date" means the date we start to supply the Service to the Recruit;
"Transmission Speed" means the rate in either thousands of bits per second ("Kbps") or millions of bits per second ("Mbps") that data is transferred between two points. Your estimated transmission speed will be provided when you place your Order;
"Unique Link" means a URL unique to each Referrer.
"User" means individuals who are accessing or using the Programme either as a Referrer or as a Recruit and the use of 'user' or 'you' in Condition 13 shall be a reference to either or both as the context permits.
"Website" means the website for the Cuckoo business currently located at url: www.cuckoo.co; and
"you" and "your" means the person named in the application process and/or, where the context requires, it includes a person we reasonably believe is acting on that person's authority.
17.2. Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa.
17.3. The headings in these Conditions are intended for reference only and shall not affect their construction.
© 2020 Cuckoo Internet Ltd is a company registered in England and Wales (No 11926742).
Our registered address is 68 Hanbury Street, Spitalfields, London E1 5JL. Our VAT number is 341752118.
Cuckoo Internet Ltd is regulated by Ofcom.