Terms and Conditions
Last updated 29 March 2023
We’ve tried to make these Terms and Conditions (these "Conditions") clear and concise.
- What is the Purpose of these Conditions
These Conditions tell you (the “Customer” or “you”) how we contract with you, how we provide you with the services that you have ordered; how we charge you for these Services, how we can change the Services and what to do if you have a problem. Throughout these Conditions you will see certain words that start with a capital letter, these are defined terms and their meaning can be found in the glossary (at the bottom of this page).
2. Who we are
Cuckoo Internet Ltd is a company registered in England under company number 11926742, with its registered office at 6th Floor, 33 Holborn, London EC1N 2HT and its correspondence address at 6th Floor, 33 Holborn, London, EC1N 2HT and with VAT number 341752118 ("Cuckoo", "we", "us" or "our").
3. How to contact us
You can contact us via
- Call us on +44 203 389 7211. Our phone lines are open 9am to 5pm Monday to Friday, and 10am to 4pm Saturday, Sunday and Bank Holidays. Please note we can’t do sign-ups over the phone but you can do this really easily here.
- Ask our friendly Cuckoo bot a question by hitting our messenger in the bottom right.
- Email us 7 days a week at firstname.lastname@example.org and we’ll get back to you within 24 hours. Please use the email on your Cuckoo account so we know it's you.
- Write to us at Cuckoo Internet Limited, 6th Floor, 33 Holborn, London, EC1N 2HT and we’ll get back to you within 5-10 working days.
4. What we supply
4.1. Cuckoo is an internet service provider and is regulated in the UK by Ofcom. Cuckoo provides broadband and telephony services to residential consumers. To better understand what we mean by Residential Services please click here
4.2. We offer both monthly rolling contracts and 12 month fixed-term contracts.
4.3. We will also supply you with a router and ask that you return this to us if you leave.
4.4. We may also supply you with a broadband dongle which will need to be returned.
4.5. To understand the speed of the service you have ordered please refer to our FAQ on Speed by clicking here
4.6 Availability of Products (including the Eggspress Wi-Fi Add-On product) will vary depending on the location of your Address. In order to provide you with the Broadband Service under a Fibre & Calls Plan (Fast Package), 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 under a Fibre & Calls Plan. When we activate your Broadband Service under a Fibre & Calls Plan you accept that there may be a temporary loss of your telephone line – this is usually no more than an hour.
5. Who can order the Services?
5.1. To enter into a Contract with Cuckoo you confirm you;
5.1.1. Are at least 18 years old or over;
5.1.2. Agree to provide your name and address and that you consent to allow us to provide these details to a third party for identity and credit checking;
5.1.3. Are the authorised account holder at your address;
5.1.4. Are purchasing the Services as a Residential Services and not for business use.
5.1.5. You let us know if you are dependant upon your landline and/or do not have mobile service for either emergency calls and/or other medical reasons.
5.1.6. Agree to make a Charitable Donation. To find out more about how this donation is collected please visit our FAQ on Charitable Donations
6. How much the services costs
6.1. Have a look at our Price List to see pricing information and Best Tariff information.
7. Other Important Documents
7.1. If you purchase any of our services you will have the opportunity to download your:
7.1.1. Contract Summary Document; and
7.1.2. Contract Information Form
7.2. These documents contain information relating to key clauses of these Conditions. We will need you to check the box when you sign-up to acknowledge you had read and accepted these.
7.3. Once we have received your acceptance of the Contract Summary and the Contract Information Form, you will be able to download these conditions. Once you have actioned this we are “in contract” and we can provide the Services to you.
7.4. These Conditions also work together with a number of our Policies, namely:
- Vulnerable Customer Policy
- Complaints Code
7.5. In addition, please visit our Help Centre for additional information and/or contact our Customer Services by emailing email@example.com or calling us on +44 203 389 7211, if you have any questions
7.6. 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.
7.7. We will inform you if we believe you are materially disadvantaged by this change and you may end this Contract under Condition 8 without incurring Early Termination Charges.
8. Cooling Off Period & Right to Cancel
8.1. 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 ("Cooling-off Period").
8.2. You can do this by clicking “Start cancellation” within your account or contacting Customer Services by emailing firstname.lastname@example.org or calling us on +44 203 389 7211
8.3. We will send you an acknowledgement of receipt of your request to cancel.
8.4. If you exercise your right of cancellation in accordance with Condition 8.1, 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 8.5 and 8.6. We will make the reimbursement using the same means of payment you use to pay for your Order, unless you expressly agree otherwise.
8.5. 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 such as installation fees or local exchange.
8.6. If you cancel a Service within your Cooling-off Period and we've provided you with a Router or a Dongle, you must return the Router/the Dongle (including all cables and software that came with them) 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 and (if applicable) the Dongle.
8.7. If wish to keep or if you fail to return the Router and the Dongle we may charge you, using the payment method you registered with us, for the full cost of the Router or Dongle (as applicable), as set out in the Price List. This may be more than the price you paid for the Router or (if applicable) the Dongle initially.
8.8. If the Router and /or the Dongle is faulty or damaged please contact Customer Services who will arrange a repair and /or replacement. Please remember that you are responsible for taking care of any Router or Dongle.
8.9. If the Router and (if applicable) the Dongle is returned we will refund you for amounts already paid for the Router and (if applicable) the Dongle. We reserve the right to reduce the refund if there is any damage or if the value of the Router or (if applicable) the Dongle is less than the original charge.
9. Service Information - What is included?
9.1. Full details of the products and services available are set out on www.cuckoo.co.
9.2. If you are on a Fibre & Calls Plan (Fast Package), the Call Service and Broadband Service form the Service and you cannot take one element of the Service without the other.
9.3. If you are on a Fibre Only Plan, we only provide you with the Broadband Service as part of the Service.
9.4. The Call Service includes both the Call Service and the Line Rental Service. If you use the Call Service, 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
9.5. The Broadband Service on our Fibre & Calls Plan (Fast Package) is copper + fibre based broadband service, and the Broadband service on our Fibre ony plan (Really Fast & Eggceptional Package) is full fibre-based broadband service, unless you are using our Eggspress Wi-Fi Add-On, which uses 4G.
9.6. The details of your normally available download and upload speed will have been provided to you in your Order Confirmation Email.
9.7. Your actual speeds may be lower because they are influenced by certain factors to understand which factors may affect your speed please visit our Speed FAQ by clicking here
9.8. The Service will be provided at your Address. This Address must be within the United Kingdom.
9.9. 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.
10. What types of Contract does Cuckoo Offer?
10.1. You can only have one monthly Rolling Term Contract or 12 month Fixed Term Contract per Address.
10.2. In respect of a Rolling Term Contract, the Service is subject to a one-month rolling contract and you can cancel at the end of any month after the first month by giving us at least 2 days’ written notice (subject to termination requirements as set out in Condition 9).
10.3. Where you enter into a Rolling Term Contract with us, the Service has a minimum period of 1 month from the date that your fibre connection goes live ("Minimum Period"). We shall communicate this date to you, but please note that if you have purchased the Eggspress Wi-Fi Add-On, this will not be date you activate and starting using the Dongle, but it will be the date your Router “goes live”. After the Minimum Period, this Rolling Term Contract will continue on a monthly basis until either you or we end it in accordance with the terms of this Contract
10.4. In respect of a Fixed Term Contract, you can cancel at the end of any month after the first month by giving us at least 2 days’ written notice (subject to termination requirements as set out in Condition 9).
10.6. If you end a Fixed Term Contract before the end of the Fixed Term and;
10.6.1. we are not in material breach of these Conditions; and
10.6.2. you do have a right to terminate your Fixed Term Contract as described in Condition 8.2 or Condition 9.8,
then we may charge you an Early Termination Charge (details of which are set out in our Price List).
10.7. At least 30 days before the end of your Fixed Term Contract, we will send you a notification via email, confirming the date on which we will automatically extend the terms of your Fixed Term Contract as a Rolling Term Contract.
10.8. When you enter into a new Rolling Term Contract under Condition 9.4, you can cancel at the end of any month after the first month by giving us at least 2 days’ written notice without incurring any Early Termination Charges, but you'll have to pay us the full cost of the Services you've received.
10.9. 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.
11. Important Information - Fibre & Calls Plan (Fast Package)
11.1. Conditions 11.2 to 11.7 (inclusive) apply only in respect of a Fibre & Calls Plan.
11.2. Under a Fibre & Calls Plan (Fast Package), 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”).
11.3. Any New Line Install Fee will be charged in accordance with the Price List. Your New Line Install Fee will be applied to your first or second bill.
11.4. 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.
11.5. Cuckoo reserves the right to cancel your order for a Fibre & Call Plan where extensive new line construction over and above standard needs is required
11.6. 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’).
11.7. 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.
12.1. Telephone Directories are compiled and provided by BT for a fee. If you would like a copy of a Telephone Directory for your town or region please refer to our FAQ for details of cost and how to obtain a traditional BT Directory.
12.2. We provide 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).
12.3. Making your number ex-directory means that it won’t appear in the phone book or the 118 directory service, which is a great way to avoid nuisance and cold calls. This is a free service, so making your number ex-directory won't add anything to your bill.
12.4. If you think that you are entitled to access to free directory service please contact our Customer Services by emailing email@example.com or calling us on +44 203 389 7211
12.5. 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).
13. International and premium rate access
13.1. You can not use the Call Service to make Premium Rate Calls, for the list of numbers Cuckoo considers are Premium Rate please click here.
14. Use of indirect access codes
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.
14. Your telephone number
14.1. 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 a public location.
14.2. 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.
15. Using the service
15.1. The Service for which you enter into a contract will start on the Commencement Date and will continue until terminated in accordance with this Condition and Cuckoo’s Fair Use Policy.
15.2. We reserve the right to investigate any suspected violations of these Conditions and our Fair Use Policy
15.3. If you or an individual has accessed our Services in breach of these Conditions and or our policies (listed in Condition 7.4) we may without prior notice:
15.3.1. issue a formal warning to you, specifying a breach of this Condition and requesting that you comply with its terms;
15.3.2. temporarily restrict or suspend your access to any of the Service;
15.3.3. terminate your account; and/or
15.3.4. take any other reasonable action.
16. Use of the Broadband Service
16.1. 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.
16.2. Under a Fibre & Calls Plan, 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.
17. Use of Equipment
17.1. We will provide you with certain equipment to enable you to use the services that you have ordered which remain the property of Cuckoo such as:
17.1.1. Router – to understand more about the router please refer to the Router FAQ’S by clicking here
17.1.2. Eggspress Wi-Fi Add-On to understand more about the dongle please refer to the WIFI Add-On FAQ’S by clicking here
18.1. 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.
18.2. 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:
18.2.1. 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;
18.2.2. 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;
18.2.3. provide a suitable place and conditions for equipment including connection points required; and
18.2.4. provide access to electricity, as reasonably required by Cuckoo or our agents, including Openreach, to connect or repair your line.
19.1. 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.
19.2. With regards to the Call Service, we will not provide you with a telephone handset for use with the Call Service.
19.3. 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,
19.4. If there is a fault with your Service, contact our Customer Services by emailing firstname.lastname@example.org or calling us on +44 203 389 7211”. 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.
19.5. 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.
19.6. 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.
19.7. 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.
19.8. You will be responsible for the reasonable costs of engineer call-outs, replacement equipment and/or labour charges if:
19.8.1. 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;
19.8.2. the engineer attends but finds there is no fault with your line or the master socket;
19.8.3. 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;
19.8.4. the fault is found to exist as a result of your failure to follow our reasonable instructions or these Conditions; or
19.8.5. 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.
20. Payments and Billing
20.1. How do we calculate your Charges
20.1.1. Any Installation charges and or monthly broadband charges you will pay for the Services will be shown in your Order Confirmation Email and if you have a call service, we will notify you in advance of your bill date.
20.1.2. In respect of Broadband Services Cuckoo charge a fixed fee per month regardless of your data usage provide that you comply with our Fair Use Policy
20.1.3. In respect of Call Services we calculate your Charges based on metered minutes and the costs of the call based on the Price List
20.2. By purchasing services from Cuckoo, you agree to pay the Charges and manage your account online and pay by direct debit. This allows us to pass on lower costs to you.
20.3. If you're unable to use our online service due to any accessibility issues please refer to our Vulnerable Customer Policy.
20.4. You must pay all the Charges incurred by you, or any person using the Service.
20.5. The Broadband Service Charges, and where applicable, Line Rental Charges and certain Call Service Charges will be billed on a pro-rated basis. Monthly charges incurred for periods of less than one month will be calculated on a pro-rata basis, with the exception of the month in which your service is terminated (“Termination Month”). The Termination Month will be billed in full, regardless of the exact date on which you no longer use the service. Calls made using any Call Service will be billed monthly in arrears. Details of our current prices are set out in the Price List and Call Charges.
20.6. 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.
20.7. 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.
20.8. 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.
20.9. If you miss any payments you owe to us for the Service we will deal with this in accordance with our Debt Policy. We will send you a reminder or call you before applying any late payment fees or instructing a debt collection company
20.10. However, you will 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.
20.11. 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.
20.12. We may increase our charges (both our monthly charges and all other charges and fees set out in the Price List) once each year with effect from 1 July by an amount equal to any percentage increase in the Consumer Price Index published by the Office for National Statistics during the previous 1 June to 31 May period. If you have an issue with your bill please contact our Customer Services by emailing email@example.com or calling us on +44 203 389 7211 who will deal with the matter in the first instance. If the matter is not resolved, we will follow our Complaints Policy.
21. What Information will we provide you during and at the End of your Contract
- Mid Contract Price Rises
- Annual Best Tariff Information
- End of Contract Notic
22. How we can change the Service
22.1. 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.
22.2. 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.
22.3. 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.
22.4. 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.
22.5. 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 your Address, we will advise you of the estimated speed you will receive at your new Address when you notify us of the move.
22.6. You also accept that “upload speeds” will always be slower than “download speeds” and we can provide further details of the same upon request.
23. What we are not liable for
23.1. We will not be liable to you (or any other person whom you allow to use the Service) under this Contract, for:
23.1.1. the act of restricting or ending your Service(s) in accordance with Condition 9;
23.1.2. 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);
23.1.3. any loss or damage caused by the Service, the Router, the Dongle, your network equipment, us or any of our respective officers, employees, sub-contractors or agents in circumstances where:
188.8.131.52. there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees or agents;
184.108.40.206. such loss or damage is not a reasonably foreseeable result of any such breach; or
220.127.116.11. any increase in such loss or damage results from breach by you of any term of these Conditions;
23.1.4. 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;
23.1.5. 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;
23.1.6. any loss of business, contracts, profits, anticipated savings, reputation, or revenue;
23.1.7. any calls made through an alternative telephone service provider;
23.1.8. 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;
23.1.9. 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;
23.1.10. 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;
23.1.11. any fault in the Router, the Dongle, 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;
23.1.12. 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;
23.1.13. 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
23.1.14. Denial of Service Attacks.
23.2. Nothing in this Contract will limit or exclude any liability we may have to you for:
23.2.1. death or personal injury as a result of our negligence or that of our agents, employees or sub-contractors;
23.2.2. fraud or fraudulent misrepresentation; or
23.2.3. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
23.3. 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.
24. Our Rights to Suspend and/ or Terminate your Service
24.1. We may immediately restrict or suspend your Service until further and notice without compensation if:
24.1.1. we reasonably suspect that you are in breach of these Conditions; or
24.1.2. 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 use our Service under a Fibre & Calls Plan 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
24.1.3. 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
24.1.4. we have reasonable cause to suspect fraudulent use of a payment card, whether a Credit or Debit Card or otherwise; or
24.1.5. where we monitor activity on the Network in accordance with our Fair Use Policy, 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.
24.2. If we suspend your Service, 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.
24.3. If we exercise the right to restrict (or bar your access to) the Services, this shall not affect our right to terminate your Contract.
24.4. You may end this contract on the last day of any month after the first month by giving us at least 2 days’ written notice. “You can do this by clicking “Start cancellation” within your account or contacting Customer Services by emailing firstname.lastname@example.org or calling us on +44 203 389 7211”
24.5. Under a Fibre & Calls Plan, 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.
24.6. We may end this Contract by giving you 30 working days’ notice in writing at any time.
24.7. When this Contract ends, you will need to make arrangements to switch to an alternative service provider if you want to continue receiving a broadband service and, where applicable, a telephone service. During any notice period the Service will continue to be available unless your Service has been restricted in accordance with Condition 9.11 or ends in the circumstances set out in Condition 9.18. 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.
24.8. If you are on a Fibre & Calls Plan and 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.
24.9. Without prejudice to Condition 9.11, we can immediately end this Contract without compensation for the reasons stated in Condition 9.11, or if:
24.9.1. 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;
24.9.2. we have reasonable grounds to suspect fraud or any other unauthorised activity;
24.9.3. you breach this Contract and we waive your breach, or if we suspend your Service in accordance with Condition 9.11 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 9.11 again;
24.9.4. you are or become bankrupt or enter into an IVA or similar credit agreement; or
24.9.5. 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),
24.10. 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.
24.11. When you cancel your Broadband Service (other than during the Cooling-off Period referred to in Condition 9.6) 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 the 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 the Router. For further details regarding the price of the Router, please see the Price List.
25. Use of your personal data
26. How this contract can be transferred and third parties
26.1. 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 27.
26.2. 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.
27.1. 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 the email address associated with your Cuckoo account).
27.2. 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.
27.3. 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.
27.4. 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 8) 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).
28.1. We have a Complaints Code which explains the steps you need to take when you want to complain to us about something and your rights.
28.2. 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, 6th Floor, 33 Holborn, London, EC1N 2HT
Telephone number: 020 3389 7211
28.3. 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.
29. Law and geographical limits
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:
29.1. if you’re a resident of Scotland, you may bring proceedings in Scotland; and
29.2. if you're a resident of Northern Ireland, you may bring proceedings in Northern Ireland.
30.1. If any provision of this Contract is found to be invalid or unenforceable, the remaining Conditions will continue to apply.
30.2. If either party fails to exercise a right they may have under these Conditions, it does not mean that right is waived.
Glossary 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 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;
“Cooling-off Period” means the statutory cooling off period as more particularly defined within Condition 9;
"Commencement Date" means the date upon which we commence the supply of our Services to you, which will be:
(1) a date communicated by us to you (please note this date is not guaranteed but we will notify in advance of any changes); or
(2) if you have ordered the Eggspress Wi-Fi Add-On, the date you activate and start using the Dongle,
(whichever is earlier);
“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 a Contract between you and us (which may be a Fixed Term Contract or a Rolling Term Contract). 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;
"Dongle" means the USB device that, where applicable under Condition 3.19, we will provide to you in order to deliver the Eggspress Wi-Fi Add-On. This device contains a SIM card and will allow you to access the internet over a mobile network when it is connected to a Cuckoo router;
"Early Termination Charges" means:
(1) in respect of a Rolling Term Contract, 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; and
(2) in respect of a Fixed Term Contract, the fee listed in our Price List;
"Eggspress Wi-Fi Add-On” means the add-on service provided that allows you to access the internet over a mobile network in situations where your Broadband Service is not currently available, e.g. because it is not yet active or there is a fault;
"Fibre & Calls Plan" means a plan which combines our Broadband Service and Call Service, and requires you to have a working telephone line in your home;
"Fibre Only Plan" means a Fibre to the Premises (FTTP) Broadband Service which does not require you to have a working telephone line in your home;
"Fixed Term" means the minimum term for a Fixed Term Contract as specified in your Order;
"Fixed Term Contract" means a Contract between you and us for a Fixed Term;
"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 1.15;
“New Line Install Fee” has the meaning given in Condition 1.15;
"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;
"Rolling Term Contract" means a Contract between you and us which rolls over on a monthly basis;
"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, or use, the Broadband Service that enables you to connect your computer to the internet;
(1) the Broadband Service (which includes any Eggspress Wi-Fi Add-On);
(2) if you are on a Fibre & Calls Plan, the Call Service (which includes the Line Rental Service); and
(3) 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;
“Termination Month” means the calendar month in which your service is terminated;
"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.
Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa.
The headings in these Conditions are intended for reference only and shall not affect their construction.