Welcome to our terms and conditions page
“Seller” means Morion Broadband which is a collaboration between Gascoyne Holdings Ltd and WiSpire Ltd.
“Purchaser” means the person, company or legal entity that purchased the Goods or Services.
“Order” means the Purchasers official agreement or instruction to the Seller to supply Goods or Services based on these conditions of sale. No variation will apply unless agreed by the Seller.
“Goods” means the Goods or Services covered by these conditions of sale, and referred to via Morion Broadband Package.
These Conditions alone shall apply to an Order subject to any variations specified by the Seller.
Any printed or standard conditions appearing on any documents emanating from the Purchaser shall have no legal effect whatsoever. They appear in the documents only because they are printed thereon and the Purchaser waives any rights he might otherwise have to reply on such conditions.
No other agreement or understanding in any way modifying or supplementing an Order nor any promises or representations made by representatives of the Purchaser or Seller shall be binding unless confirmed in writing and signed by authorised persons of both parties.
Morion Broadband will at all times seek to provide the best possible service to each purchaser however each service has an “up-to” speed. The “up-to” speed is the maximum speed that the service will provide. Speeds are not affected by distance however may be affected by peak times. Morion Broadband will only guarantee the speed to equipment that is supplied and installed by Morion Broadband. Older computers may struggle with receiving the speed provided.
You are not permitted to download content that is illegal or to allow Our Equipment or Your Equipment to be used for any illegal activity. You risk being prosecuted if you publish illegal material in this or any other country.
You must ensure that Our Equipment and Your Equipment are not used to incite disorder, publish, disseminate or promote any material which encourages anything which is in any way pornographic, obscene, defamatory, menacing, offensive or in any way unlawful.
You are not permitted to publish any content, or link to any content, in which you or they (as applicable) do not own the right, without the prior permission of the owner of the relevant right.
You must not use or allow any of Our Equipment or Your Equipment to be used to transmit or post any material which may cause offence to others on the grounds of gender, race or religion or which may cause annoyance or offence to any person.
You must no use or allow any of Our Equipment or Your Equipment to be used to distribute or promote any of the following:
- the sending of unsolicited emails or forged messages or spoofing
- software which may be used for port-scanning, virus creation, packet sniffing,
- smurfing, hacking, Trojan horses or any other illegal or anti-social activity
- any activity which interferes with systems or networks’ ability to operate including
- denial of service attacks in any form
- lists of email addresses (unless all of the addressees on the list have given their
- explicit permission)
- the processing of personal data which does not comply with all applicable data
- protection and privacy laws and regulations
- links to any website(s) that host illegal content
- content designed to offence or cause needless anxiety to others
The following Policy contains rules that govern your use of Morion Broadband services (“Service”) and forms part of the terms and conditions of the Service. Applying the Policy According to the Nature of Morion Broadband Service to you depending upon the nature of the Service you have selected:
- you may be using our hardware, software, network and/or telecommunications to
- use the Service (“Our Equipment”)
- you may be providing your own hardware, software, network and/or
- telecommunications to use the Service (“Your Equipment”)
Morion Broadband cannot and does not monitor content of its customer’s web space or content of chat rooms, instant messaging, email, newsgroup or indeed any communications and therefore Morion Broadband cannot and does not guarantee that all of these are free of illegal material or other content considered unacceptable by others including the Internet community. This Policy applies to all of the Services you select.
Except to the extent required by law, The Seller shall not be responsible, and does not accept liability in agreement, tort (including negligence) or otherwise, for any damages, losses, liabilities or claims relating to the manufacture or operation of the equipment and service provided. The Seller will not be liable for any loss or damage caused by us or our employees or agents where there is no breach of an legal duty of care owed to you by us or by any of our employees or agents or such loss or damage is not a reasonably foreseeable result of any such breach.
The Purchaser is responsible for any usage of the service provided by the Seller. The Purchaser must not send communications that are offensive, abusive, defamatory, obscene, menacing, cause nuisance, or break the human rights of any other person. The Purchaser must not perform any illegal activity; this includes but is not limited to: access or publish child pornography, incite racial or religious hatred. Upload, download or transmit any information, material or software that is protected by copyright without the permission of its owner. The Purchaser must not attempt to electronically or physically access equipment supplied by The Seller without written permission from The Seller. The Purchaser must not attempt to compromise the network which supplies the connection to the Internet.
In summary The Purchaser must not do anything which may cause harm to The Sellers service or the network on which The Sellers service is carried. Should The Seller conclude that the service has been misused then The Seller reserves the right to immediately suspend and/or withdraw service, reclaim supplied equipment, no refund for part or annual subscription payments will be made.
Morion Broadband aims to supply the customer with the fastest possible connection based on their price plan. Where price plans are linked to a Data Allowance and that Data Allowance is exceeded within a calendar month then in order to protect other users restrictions may be applied to the service. Customers will be made aware of their data limit via email and will have the option either to upgrade their connection or purchase extra data allowance. Purchasers who have purchased unlimited packages will be unrestricted unless consistent heavy use compromises network capacity in which case Morion reserves the right to apply restrictions in order to protect other users
To protect the performance of the network and to ensure the best experience for all users of the service, at peak times we may manage the speed of non-time critical applications such as P2P. P2P refers to certain applications that enable files and program sharing between groups of people logged on to a P2P network. Because they use uploads and downloads and are often left running 24/7, they consume significant bandwidth, even when being used by a small number of customers.
Because a lot of P2P traffic is not time-critical – for example, downloading and uploading TV programmes or movies for later viewing – we treat P2P traffic differently from time-critical traffic (such as surfing, streaming or internet telephony) and apply speed restrictions to all P2P traffic. We manage these restrictions daily based on the demands on the network, but downstream restrictions will typically be in place 8am – midnight daily.
You can still use P2P services, but downloads will take longer during the peak times.
We may need to vary the policy from time to time to ensure the best possible experience for all our customers. The website will be kept up to date with the latest network information.
Planned Outages may occasionally be necessary for Morion Broadband to carry out essential maintenance work or upgrades. They will be kept to a minimum and scheduled to minimise disruption. Morion Broadband will provide a business hours (excludes national holidays) fault reporting helpdesk facility. The helpdesk will issue a fault reference number and will respond promptly to faults reported. Faults remedied will be advised by email. The support helpdesk can be found at: firstname.lastname@example.org or 01725 777070
Faults not involving the Morion Broadband network services or equipment: Morion Broadband will advise of steps taken to diagnose a fault for which Morion Broadband is not responsible. Morion Broadband will not reimburse or discount any monthly subscriptions for loss of connection.
You must not do anything, or allow any third party to do anything, which will compromise the security of Morion Broadband equipment and you are therefore required to install and use appropriate virus checking software and security devices and to impose this same requirement on any of your own customers that use any of your Websites or Your Equipment. You must not share, or disclose to any third party, any passwords provided by Morion Broadband. Such passwords are your responsibility.
Morion Broadband Rights Compliance with this Policy is a contractual requirement. We reserve the right to suspend, restrict or terminate your access to the Service if either you or a third party accessing your Website or Your Equipment causes, or is likely to cause our Service to be interrupted, damaged or impaired. Offending material may be removed without prior notice. We may retain a copy of such material for our records. We reserve the right to forward offending material to the police or other regulatory authorities in the event that we are required to do so or where a complaint is made about your use of the Service and is deemed by us to be inconsistent with this Policy.
Should the Purchaser, or any person with access to the Purchasers connection have been convicted in a UK Court of Law or overseas of a crime which resulted in a restriction being placed on their usage of the Internet then this must be disclosed to the Seller prior to the purchasing of any products. If this is not disclosed and The Seller becomes aware of any Court ordered restriction, regardless of whether still in effect of spend then The Seller reserves the right to cease provision of service with immediate effect, the reception equipment shall be reclaimed, and no refund will be forthcoming.
It is your responsibility to make sure you have permission to attach the wireless receiver to the outside of the property for which you have subscribed to the Morion Broadband service. If the property is rented or leased the obligation falls upon you as the tenant to gain the relevant authorisations from the property’s freeholder, landlord, factor or property manager to allow the Morion Broadband engineer to affix the Wireless Receiver to the property.
If your property is Listed, Registered or in a Conservation Area special restrictions may apply. Your Local Planning Authority can tell you whether your building falls into this category and the appropriate permissions you need to obtain.
All CPE (Customer premises equipment) installed at the property will remain the property of Morion Broadband for the duration of service.
The SLA is only applicable to businesses and organisations that have a bespoke leased line service from Morion Broadband. The Morion Broadband Network Manager may assign different Committed Information Rates (CIR) and Maximum Burst Rates (MBR) for each radio, separately for the inbound and outbound directions.
This allows Morion Broadband to provide different service plans charged at different rates. However, if a customer is not active, the committed bandwidth is not wasted, it is shared among all the other active customers giving customers burstable speeds in excess of the customers contracted rate. Morion Broadband provides 24/7 Network Monitoring and a 99.9% availability target.
Prices and deliveries are valid for 30 days from the date of order. Morion Broadband may look to change packages and introduce new offers which will only be available to new customers. Current customers will be able to upgrade/downgrade to new packages providing they give official notice as per their contract.
The minimum contract period is 12 months, after which time the contract will move onto a monthly contract cycle. If the Purchaser wishes to leave their fixed contract before expiry of the term then the remaining months must be paid in full. If the Purchaser wishes to change service from the fixed term contract to a revised package then the remaining payments of their current terms must be fully paid before a change is made.
Maintenance is provided free of charge for any issues that arise between the transmitter and the Morion Broadband supplied equipment at the customer’s premises. This does not cover any equipment purchased by the customer that did not originate from Morion Broadband, e.g. Routers, Switches, Printers etc. Morion Broadband reserve the right to charge £25 per hour plus VAT for each hour or part of that an engineer is required to work on a problem that has occurred beyond the supplied equipment.
Prices quoted herewith are only valid for an order placed for the total type and quantity, including services, and we reserve the right to re-quote in the event that the total order quantity is less than, or varies in any way, from the type and quantity detailed within this quotation.
Morion Broadband has the right to amend or change the pricing or terms of service at any time during the service.
Morion Broadband reserve the right to assign our rights or obligations under this agreement to any company, firm or person(s). The Purchaser shall not pass this agreement to any third party without the express written authority of Morion Broadband.
Morion Broadband strictly prohibits the reselling and redistribution of its services without the prior written permission of Morion Broadband.
If the Purchaser wishes to terminate their service then a full calendar months written notice must be provided to Morion Broadband, Unit 31, 1 Ramirez Road, Rackheath Industrial Estate, Norwich NR13 6GD. Any notices given mid-month will take affect at the start of the following month. If the Purchaser has a fixed term contract then the subscription must be paid in full.
The Seller is allowed to terminate the service immediately without written notice if any illegal activity is conducted by the Purchaser.
All payments must be made by a monthly direct debit. It is the responsibility of the Purchaser to ensure that their bank has set up the direct debit instruction in time for the collections made by Morion Broadband. The service will be enabled once any outstanding balance has been settled. A reconnection fee of £15 will be charged on each occasion service is restarted after disconnection due to non-payment.
The Seller will be responsible for all software licences provided unless otherwise stated.
Delivery is to the customers’ site. In the event that, following prior notification of delivery to the customer, there is no person able to accept delivery, the delivery cost will be charged to the customer.
All goods supplied by Morion Broadband come with a 12 month Guarantee against non-malicious failure. Acts of God are excluded from the 12 month Guarantee. All return costs to the Seller to be the responsibility of the Purchaser.
Any agreement between the Seller and the Purchaser is confidential between the parties, and may not be disclosed for any reason to any third party without the express written authority of the other party.
If you consider that one of our customers is in breach of this policy please send details of the incident to us at email@example.com Please provide as much information as possible including the date, time, time zone and IP address if applicable, together with all other relevant information. These should be provided in plain text within the email and not as attachments. We will deal with all complaints received and take appropriate action where your complaint is upheld. Please allow up to three working dates for a response.
This proposal and any subsequent order are subject to English Law and any arbitration will be subject to ruling by courts within the United Kingdom, excluding Scotland.