Terms and Conditions

Please read the following Terms and Conditions carefully before using the Internet Connectivity Services (the ‘Services’) provided by Wifinity Limited as it is legally binding on any user of the Services.

By purchasing a subscription or using the Wifinity Service you agree to be bound by these Terms and Conditions. Please feel free to contact us by telephone on UK +44 208 090 1290 or by email at support@wifinity.co.uk

Terms and Conditions

These Terms and Conditions apply to the supply of Services by Wifinity Limited (‘Wifinity’; ‘we’; ‘us’) to the user of Services (‘Customer’; ’you’). You agree to abide by these Terms and Conditions and any variation posted on the Wifinity website. Any order confirmation we send you forms part of your contract with us.

Other Terms

These terms of use refer to the following additional terms, which also apply to your use of our services and our website:

Our Privacy Policy
Our Cookie Policy – which sets out information about the cookies on our site.

Help For Customers With Disabilities

If you have a disability that means you need extra help, including with respect to information on products and services for people with disabilities and updates on those, then please let us know using the contact details on this page.

If you use our voice communications services and, due to disabilities, you need to make or receive calls in which some or all of the call is made or received in text format, you can access and use our relay service. Details can be seen at: https://www.relayuk.bt.com/relay-uk-services/calling-relay-assist.html or dial 0870 240 9598.

Customers who are blind or who have visual impairments can obtain contract documentation in large print or braille. Contact us by telephone on UK +44 208 090 1290 or by email at support@wifinity.co.uk

Services

We undertake to provide the Services to you during the period of a valid subscription or free access period. We accept no liability for the non-availability of individual Internet websites or other services provided by third parties.

Where supplied under a subscription, our Services will either be for a fixed period of time (non-recurring subscription) or provided under a contract which continues until you or we end it (recurring subscription).

Recurring Subscriptions

Our recurring subscriptions continue until you (or we) end them. We take payment (in advance) at the beginning of each payment period, which can either be 4 weeks or 1 month. Payments that are made every 4 weeks won’t be taken on the same date of each month.

We use a Continuous Payment Authority (CPA) to take payments to cover the cost of providing the service. A Continuous Payment Authority (CPA) is an authorisation given by a Customer to take payments for recurring subscriptions by credit or debit card. By entering the card details of your choice, you authorise us to charge you at the beginning of every payment period, in respect of that period, until we receive instructions to cancel the subscription. (Other names for CPA include “recurring transactions”, “continuous card payments”,” recurring payments”, “continuous authority transactions” or “guaranteed payments”.)

Fixed Period Non-Recurring Subscriptions

Our non-recurring subscriptions expire at the end of your chosen fixed subscription period. If, for any reason, a non-recurring subscription does not expire at the end of the period and you continue to use the Services, we reserve the right to charge for such usage.

If your fixed period is for 1 month or less, we take payment (in advance) for the whole fixed period on the day the Services start.

If your fixed period is for more than 1 month, we take payment (in advance) on a monthly basis. We use a Continuous Payment Authority (CPA) to take payments due by credit or debit card and, by entering the card details of your choice, you authorise us to charge you at the beginning of each month of your fixed subscription period (please see previous section “Recurring Subscriptions” for more details about CPAs). Please see the section headed “Termination” for what happens if you wish to terminate before the end of your fixed subscription period.

Term

Our obligations will commence when we receive payment for a subscription or a free access period starts and you are given access to the Services. It will terminate when the subscription purchased by you lapses or earlier if termination occurs or when the free access period ends.

Access and login details

Upon registration, you will create a username and password which will provide access to the Services. Usernames and passwords may be changed by us at any time without notice in the event that we need to do so for security reasons. You will be informed of any changes as appropriate. You agree to hold these details securely and not to share them with any other person. We accept no liability for any loss occurring resulting from the sharing of login details.

Customer’s Obligations

In order to receive pre-paid Services, you will have to:

Pay for Service in advance by purchasing and registering a pre-pay voucher or by completed payment online using a debit or credit card (if you have recurring subscription or a fixed subscription period of more than 1 month, you will also need to set up a Continuous Payment Authority (CPA)). No access to the Service will be provided if a payment is not completed.
Undertake not to resell or share Services with others.
Provide us with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information.
Communicate to us by email any change to the information in (iii) within 30 days of the change.
Assist with simple device checks when so requested by us when reporting a fault and/or perform troubleshooting routines under our direction.
At sites where free service is offered you will still need to agree to these Wifinity Terms of Use.

Pricing and Service Availability

We reserve the right to change prices and availability of the Services at any time.

All charges made by us are considered valid unless disputed by you in writing within 30 days of the billing date.

For fixed period non-recurring subscriptions of 1 month or less, the applicable charge is billed once, on the day the Services start (immediately before the Customer has access to the Services).

For fixed period non-recurring subscriptions of more than 1 month the charge for the first month is made on the day the Services start (immediately before the Customer has access to the Services) and the Customer is automatically charged monthly thereafter until the end of the fixed period (or earlier termination).

For 4 weekly or monthly recurring subscriptions, a charge is made on the day the Services start (immediately before the Customer has access to the Services) in respect of the initial payment period. Then, for each subsequent payment period, a charge is made automatically on the first day of that payment period. This continues until the Customer cancels the recurring subscription. If a Customer cancels partway through a payment period for a recurring subscription, we will not take payment for the next payment period – their Services will terminate at the end of the then-current payment period. We are not responsible for any charges or expenses levied by third parties (e.g., for, exceeding credit card limits, unplanned overdraft charges, etc.) resulting from charges billed by us.

Unpaid Wifinity accounts may be suspended or cancelled at our sole discretion. Charges will continue to accrue until the Wifinity account is cancelled and collection of all outstanding amounts has been completed. Late payment and administration fees may be added.

Quality of Service

We will provide you with the quality of service generally provided by a competent telecommunications service provider exercising reasonable care and skill. We will endeavour to make the Services available at all times and fault free, but we don’t warrant or guarantee:

that the Services will be uninterrupted, error-free, or free of viruses or other harmful components; or
the security, privacy and confidentiality of your connection (as there are certain risks inherent in wireless communications and technology).

If you think there is a fault with the Services or any of our equipment that we use to provide the Services, please let our customer services team know as soon as possible using one of the Contact Methods set out below.

Wifinity Equipment

Wifinity retains ownership of all of the equipment used in the provision of the services. Wifinity reserves the right to permit additional SSIDs to broadcast via the equipment.

Speed of Connection

The data speed that your device receives using a Wifinity subscription may be lower than the maximum speed given to you before the purchase. The speed will be influenced by a large number of factors including, for example, the proximity to Wifinity wireless access equipment, the construction materials of the building you are in, the type and age of the device you are using, wireless interference and network congestion. Therefore we cannot guarantee that your device will receive any specific speeds at a particular point in time or at all points from which you access the network.

Unless stated otherwise, the speeds described in communications from us will be assigned on a per Customer subscription basis and not per device.

Fair Use Policy

The Services are provided subject to the Wifinity Fair Use Policy.

If the volume of data downloaded or uploaded by you is considered by us to unfairly affect other customers’ use of the Service you may be deemed to have breached the Fair Usage Policy. In order to ensure that subscriber of the services is acting in accordance with this policy Wifinity reserves the right to monitor the amount of data being used. If we find that data usage is not consistent with the policy we may:

Actively manage the bandwidth available to you; and/or
Terminate your subscription

Acceptable Use Policy

The Services are provided subject to the Wifinity Acceptable Use policy defined below:

You agree not to use the Services to, among other things:

Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Resell the Services without our permission given in writing;
Use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server;
Provide your username and password to any third party and only use it for your own benefit;
Otherwise use the Services or your subscription in any way that is detrimental to us or other customers.

Under normal circumstance, we do not actively monitor the use of the Services for compliance with this Acceptable Use Policy. Nor do we exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services.

We may take any one or more of the following actions or other actions not listed at our sole discretion in response to a violation of the Acceptable Use Policy:

Remove, block, filter, or restrict by any other means any materials;
Issue warnings, written or oral;
Suspend your Wifinity subscription;
Terminate your Wifinity subscription;
Bill you for administrative costs;
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations;
Report your activity to Military, Police or other authorities.

Limitation of Liability

Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited under applicable law.

Our cumulative liability to you for any and all claims for loss and consequential loss relating to use of the Service and/or licensed programs will not exceed the total amount of service fees paid by you to us during one year preceding the claim.

We are not responsible for your reliance on any advice given by us or our representatives or employees.

We’re not responsible for any of the following types of loss in relation to your use of the Services:

Loss of profits.
Loss of sales or business.
Loss of agreements or contracts.
Loss of anticipated savings.
Loss of use or corruption of software, data or information.
Loss of or damage to goodwill.
Indirect or consequential loss.

Events outside of our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control.
An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, lines or other equipment or third party power outages which prevent us from providing our Services to you.
Refunds cannot be issued for loss of service due to events outside our control.

Refunds Policy

Refunds are given at our discretion and depend upon your specific circumstances.

Termination

Pre-paid non-recurring subscriptions terminate automatically at the end of the fixed subscription period. If your subscription is for a fixed period of more than 1 month, you may terminate your subscription before the end of the fixed period but will have to pay us a Termination Fee. This is based on the amount you would have paid up to the end of your fixed subscription period (monthly charge x the number of months remaining) less any costs we save and benefit we receive as a result of you terminating early. We will confirm exactly how much your Termination Fee is when you tell us you want to cancel.

Customers with recurring subscriptions may terminate their subscription at any time and for any reason – their subscription will terminate at the end of the payment period in which they give notice to terminate. No further payments will be taken in this case. Notice of termination must be provided by telephone +44 208 090 1290. Termination will be complete upon receipt by Customer of email cancellation confirmation.

We may terminate Services for any reason if we, in our sole discretion, believe that you have violated these Terms and Conditions or any of the policies applicable to customers or if you fail to pay any charges when due. We will provide you with a warning beforehand of subsequent service interruption or disconnection for non-payment or if you act unreasonably in any way. We may provide notice of Termination to you by email to the address that you provided when subscribing to Service. All notices to you will be deemed effective immediately.

We may terminate Services if we, in our sole discretion, determine it is no longer viable to provide the Services to you. We will provide 30 days’ notice in such circumstances.

14-Day Cancellation Right

You can change your mind and cancel your subscription within the period of 14 days starting from the day after you first purchase your subscription for the Services (“cooling off period”). This cancellation right only applies at the beginning of your subscription for the Services. You won’t have to pay a Termination Fee if you cancel your subscription during the cooling off period.

Your purchase of a subscription for Services will be taken as an express request for us to start the Services before the end of the cooling off period. If you later exercise your cancellation right, you’ll have to pay a charge for the Services from the date you first receive them up to the date that you cancel.

If your subscription is for a fixed period of less than 14 days, you will no longer have the right to cancel it after your subscription period has ended. If your subscription is for a period of 1 day, you will not be able to cancel it once purchased.

You can tell us you want to cancel by telephoning us on 0208 090 1290 and confirming that you want to cancel. The cancellation will then be complete upon receipt by Customer of emailed confirmation of cancellation from us.

Notification Of Suspension Or Cancellation

Unpaid Wifinity accounts may be suspended or cancelled at Wifinity’s sole discretion. We will provide you with a warning beforehand of subsequent service interruption or disconnection. Charges will continue to accrue until the Wifinity account is cancelled and collection of all outstanding amounts has been completed. Late payment and administration fees may be added.

Complaints

You can complain about:

the services we provide to you;
how we handle complaints; or
the level of customer service.

You can see our complaints code of practice Complaints Code of Practice. This this complies with the Ofcom approved Complaints Code of Practice.

We may close a complaint if we reasonably believe it to be frivolous or vexatious.

Getting in touch

You can contact us 24 hours a day, 7 days a week.

By Phone
By phone on 0208 090 1290.

We hope to be able to deal with your complaint to your satisfaction then and there. If that is not possible a member of our customer service team will investigate your complaint further and respond within 10 working days.

By Email
Email us at support@wifinity.co.uk.

You’ll need to include:

your name;
your account username;
your account number;
a contact telephone number;
details of the complaint.

By Letter

Please write to:

Wifinity
5th Floor, The Grange
100 High Street
Southgate
London
N14 6BN

You’ll need to include:

your name;
your postal address;
your account username;
your account number;
a contact telephone number;
details of the complaint.

Outcome Of Our Investigation

A member of the team will investigate your complaint and respond within 10 working days.

We may consider it reasonable to conclude that a complaint has been resolved to your satisfaction if we promptly told you about the outcome of our investigation and you do not let us know within 28 days that you believed that the complaint remained unresolved.

On request, we will tell you the outcome of our investigation outcome via a specific written format such as in an email or in a letter. We will also provide it in another suitable format to any relevant customer who is blind or whose vision is impaired including larger print, braille or alternative electronic format.

When You Can Use Alternative Dispute Resolution (Communications Ombudsman)

If you are not happy with our handling of your complaint then you can use Alternative Dispute Resolution.

You can do so if we did not previously reasonably conclude and inform you promptly that your complaint had been resolved to your satisfaction.

We can draw the conclusion that your complaint was resolved to your satisfaction if we did inform you promptly and with reasonable justification that your complaint had been resolved and you did not let us know within 28 days that you believed that the complaint remained unresolved.

In this case you can go to Alternative Resolution if:

we have sent an Alternative Dispute Resolution letter to you; or
if 8 weeks have passed since we received your complaint and it has not been resolved to your satisfaction.

Note that we will immediately issue an Alternative Dispute Resolution letter to you if all of the following criteria are met:

we told you about the outcome of our investigation into the complaint;
you have told us that you consider that the proposed outcome does not resolve the complaint to your satisfaction; and
we do not intend to take additional steps to resolve the complaint.

Also note that we will send you an Alternative Dispute Resolution letter to you if your complaint remains unresolved after 8 weeks since we received it, unless we have already sent you such a letter.

Communications Ombudsman

Communications Ombudsman is the Alternative Dispute Resolution body used by Wifinity. It is approved by Ofcom and provides an independent, free of charge service for customers who are not satisfied with the final outcome of their complaint after speaking to their provider.

Communications Ombudsman does not deal with complaints regarding:

Commercial policy (for example, concerning our prices, broadband, availability, or a decision made by us to refuse to provide a service following our fraud or credit checks);
Customers that are organisation’s with more than 10 employees.

Communications Ombudsman contact details are:

Communications Ombudsman,

P.O. Box 730,

Warrington,

WA4 6WU

Phone: 0330 440 1614

Email: enquiry@commsombudsman.org

Website: https://www.commsombudsman.org

Bill Transparency and Monitoring Consumption

You can view your paid bills in your account after logging in.

Up-To-Date Information on Tariffs

You can obtain information on plans and tariffs from the sign-up portal that you accessed when signing up for the service.

Governing Law and Jurisdiction

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Methods

The contact methods for you to contact Wifinity are by telephone on UK +44 208 090 1290 or by email at support@wifinity.co.uk.

Terms and Conditions of Use