Terms and Conditions
Last updated: 13/04/2020
General Terms and Conditions
These Terms and Conditions relate to the Toggle auto-switching service (the “Service” or “Services”), by which the subscriber (also referred to in these Terms and Conditions as “you”) authorises Toggle Limited to assess your broadband supplier contract from time to time and advise you of alternative “offers”/“deals” which are available and which you might like and then on receipt of confirmation from you, to switch broadband contract or supplier on your behalf.
The Service is provided by Toggle Limited (also referred to in these Terms and Conditions as “we” or “us”), a company registered in England and Wales (company number 12342910) having a registered office at Ridown Building Fulcrum 2, Solent Way, Fareham, Hampshire, United Kingdom PO15 7FN. You can contact us by telephoning our customer service team at 03301 281651 or by emailing us at email@example.com.
Upon registration to the Service and acceptance of the Terms and Conditions, these Terms and Conditions shall become a binding contract between you and us.
These are the current Terms and Conditions for the Service and replace any previously accepted or published version.
From time to time, we may update these Terms and Conditions to ensure that they are relevant and up-to-date reflecting changes that we may introduce to the Service and the changing requirements of the law and regulatory requirements that may be applicable to the Service. Any changes in these Terms and Conditions will be communicated to you through the Service screens on our website, by email or through such other means of communication that you may provide to us.
Further information about the Service can be obtained from our website and other publications or by contacting us.
All Service details, rates, terms, conditions and other information are subject to change from time to time.
The Service is a subscriber only facility. We reserve the right to block access to the Service if it has reason to believe that the Service is being misused.
1. The Service
In order to assess the broadband deals available on the market and to decide which one suits your needs best, we rely on information you provide to us regarding your property and broadband and regarding your past broadband deal.
We do not independently verify the information you provide to us and we rely on what you tell us in order to find the best deal for you. It is your responsibility therefore to ensure that the information you provide to us is accurate and up-to-date.
In order to switch your broadband provider and as part of our ongoing service, we may access information held about you and your current broadband supply by selected third parties.
We take into account a broad range of factors in selecting broadband contracts or suppliers which might be appropriate for/attractive to you, which include price but also include (without limitation) the length of the deals on offer, long term price guarantees, quality of service, customer service, customer ratings, financial stability of the supplier, its track record and other information that may be available to us.
Best value for money is one of the criteria by which we select broadband contracts/supplier for our subscribers but the deal that we may select for you may not be the cheapest deal on the market at a given time and might not be the cheapest for your purposes.
You might be provided with a new router/new equipment as part of the Service. We will let you know what equipment will be provided and when it will provided.
If no one is available at your address to take delivery and the equipment cannot be posted through your letterbox, you might be left a note from us/our partners informing you of how to rearrange delivery or collect from a local depot.
If, after a failed delivery to you, you do not re-arrange delivery or collect the equipment from a delivery depot you will be contacted for further instructions and may be charged for storage costs and any further delivery costs. If, despite reasonable efforts, we/our partners are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7 will apply.
The equipment will be your responsibility from the time it is delivered to you.
We/our partners are not responsible for delays in the delivery of the equipment which are outside our/their control.
On termination or expiry of the Service, if you have received equipment/a new router you shall return the equipment/new router, without undue delay and in any event not later than 14 days from the day on which the Service is terminated. You will be liable for any damage to the equipment/new router other than fair wear and tear.
3. Subscription term and renewals
Subject to your compliance with these Terms and Conditions the subscription for the Service will continue for an initial period of 12 months.
Upon the expiry of the initial subscription period your subscription shall renew automatically for successive periods of 1 month until either you or we decide to terminate the subscription.
You can terminate your subscription for the Service by giving us notice through our website or through the contact details that we provide to you.
By cancelling the Service, we will no longer act on your behalf in switching your broadband supplier. Any switches already initiated prior to your cancellation of the Service will be unaffected. We recommend you contact the supplier direct to request a switch cancellation.
If you proceed to switch broadband supplier on your own, outside the Service, we may treat that as a notice by you to terminate your subscription for the Service.
4. Your legal right to cancel (Cooling Off Period)
You have the legal right to a “cooling off” period within which you can cancel the contract for any reason. This period begins upon registration to the Service i.e. when the contract between you and us is formed. This period ends at the end of 14 calendar days after that date.
If you wish to exercise your right to cancel under this clause you must inform us of your decision within the cooling off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact us direct to cancel, please use the following details:
Telephone: 03301 281651
Post: Ridown Building Fulcrum 2, Solent Way, Fareham, Hampshire, United Kingdom PO15 7FN
If Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 day cooling off period you acknowledge and agree that if you cancel after provision of the Service has begun but is not yet complete you will still be required to pay for the Services provided up until that point at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 10 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.
5. Cancellation after the legal cancellation period
Cancellation of contracts after the 14 calendar day cooling off period has elapsed shall be subject to a minimum contract duration of 12 months.
If you wish to cancel under this clause you must inform us of your decision to do so. You may do so in any way you wish. If you would prefer to contact us direct, please use the following details:
Telephone: 03301 281651
Post: Ridown Building Fulcrum 2, Solent Way, Fareham, Hampshire, United Kingdom PO15 7FN
You may be entitled to cancel immediately by giving us written notice in the following circumstances:
(i) we breach the contract in a material way and fail to remedy the breach within 30 days of you asking us to do so in writing; or
(ii) we go into liquidation or have a receiver or administrator appointed over our assets; or
(iii) we change these Terms and Conditions to your material disadvantage; or
(iv) we are adversely affected by an event outside of our control.
You will be required to pay for Services supplied up until the point at which you inform us that you wish to cancel (please note that, save as set out in sub-clauses (i) and (iii) above, if you end the contract before the end of the initial 12 month term we will be entitled to compensation of £50. Such sum will be deducted from any refund due to you or, if no refund is due, we will invoice you for the relevant sum. If you are cancelling due to our failure to comply with these Terms and Conditions or the contract, you will not be required to make any payment to us (unless such failure is due to an event outside of our control or is due to your failure to comply with any of your obligations).
Refunds under this clause will be issued to you within 10 working days and in any event no later than 14 calendar days after the date on which you inform us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services.
6. Our rights to cancel
We may cancel the Services after we have begun providing them due to an Event outside of our control or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases you will only be required to pay for Services that we have already provided up until the point at which we inform you that we are cancelling the contract. Such sums will be deducted from any relevant refund due to you or, if no refund is due, we will invoice you for the relevant sums.
Once we have begun providing the services we may cancel the contract at any time and will give you at least 30 calendar days written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deduced from any refund due to you or, if no refund is due, we will invoice you for the relevant sums.
We may cancel immediately by giving you written notice in the following circumstances:
(i) you fail to make a payment by the due date;
(ii) you breach the contract in a material way and fail to remedy the breach within 14 days of us asking you to do so in writing.
7. No representation/limited authorisation
We do not represent or act as the agent for any broadband supplier in connection with the Service or in connection with the supply of broadband. Whilst we may have commercial relationships with broadband suppliers and may negotiate collective deals with broadband suppliers, in providing the Service we act independently using our own judgment to select broadband suppliers and the best deals for our subscribers.
We take precautions not to put ourselves in conflict of interests and will seek to notify our subscribers if we believe we might be in conflict.
We will not represent you or act as your agent or representative in relation to your broadband supply contracts with broadband suppliers, even if we select the supplier or the contract and arrange the switching of your supplier.
By signing up to the Service in accordance with these Terms and Conditions, you give us limited authority to do only the following, that is:
(i) to review your details and your broadband contract and (if we decide it is the best option for you) and after obtaining prior confirmation from you to select an alternative contract or supplier; and
(ii) to contact the selected supplier and to provide your details to the supplier (which may be your existing supplier in case of switching between different contracts of the same supplier); and
(iii) to complete application or registration forms or application questionnaires in relation to your new broadband contract, in order to arrange the switching of contracts or suppliers on your behalf.
You understand that the selected supplier may run a credit check on you to ensure you are able to pay your broadband bills. The result of this credit check may mean the supplier asks you for a deposit before starting to supply or they may refuse to supply your broadband entirely. Further details may be found on the specific supplier’s terms and conditions.
Once these steps are taken on your behalf, our Service is completed and we cease to be involved in relation to your broadband contract.
All other aspects of your broadband supply contract with your supplier (including, without limitation, concluding your broadband supply contract including providing any financial credentials or personal information or information relating to your property or broadband usage to your new supplier, receiving, checking and paying bills, customer service and complaints and reporting or handling any service disruptions, or other incidents or events associated with the broadband supply contract) are your sole responsibility.
We do not and cannot represent you in relation to any such matters.
8. Credentials and passwords
User names and passwords and other subscription log-in credentials provided to you for the purpose of accessing the Service (“Account Credentials”) are personal and must not be shared. You must keep Account Credentials secure.
9. Use of the Service
The Service is provided to subscribers for the purpose of obtaining broadband supply deals for our subscribers for their private, personal purposes and to help subscribers manage their private broadband supply with minimum hassle and effort. The use of the Service or the use of your subscription for purposes which are inconsistent with the foregoing is strictly prohibited.
Unless arranged and agreed in advance with us, the use of the Service for any commercial or research purposes (including, without limitation, to conduct any surveys or to scrape or collect any data, to carry out competitor analysis or price research, to monitor the Service or third party broadband deals or offers) is strictly prohibited.
The following, in particular, is prohibited and may result in the immediate termination of the subscription without liability and may be reported to relevant authorities:
- the unlawful use of the Service or its use for unlawful purposes;
- the provision of misleading or inaccurate data to us in connection with the Service;
- accessing a subscriber’s account without the subscriber’s express authorisation;
- signing up, accessing or using the Service, or obtaining any product recommendations, data or other input from the Service, through automatic means (e.g. using “bots” or other computer software without an individual person controlling each step of the use of the Service);
- the use of the Service for the purpose of developing, providing or carrying out any service or business targeting third parties (whether or not such service or business competes with us) or its use for the purpose of generating any revenue (other than savings on your private broadband); or
- the use of the Service in a manner intended to cause overload or disruption to the Service.
You warrant and represent to us that:
- you are at least 18 years old and are resident in the UK;
- you do not represent any third party (other than your immediate family members or, if you are the owner or manager of a property held under lease or tenancy, the tenant or lessee) and you do not act in any capacity other than as a private consumer;
- you subscribe for the Service for private personal purposes and not for any of the purposes prohibited under these Terms and Conditions;
- all information you provide to us about yourself and your property including information relating to your current broadband contract, your past broadband contract and other information we request from you is true, accurate to the best of your knowledge and not misleading in any way; and
- you will update us if any information you provided to us becomes out of date or untrue during the term of your subscription.
11. Data collected through the Service
In these Terms and Conditions, “Platform-Generated Data” means any data generated or arising from the provision of the Service or which we collate in the course of providing the Service or relating to the use of the Service by subscribers which may be recorded or collated by us or its contractors including, without limitation, data obtained from subscribers through registration forms, surveys, questionnaires, profile sheets, and other communications with us (including personal details of the subscriber), including any statistical data relating to broadband deals and switching of suppliers or contracts for subscribers.
12. Intellectual Property
The Service uses our intellectual property rights. For the purposes of these Terms and Conditions, “the Toggle IP” means all intellectual property rights subsisting in or relating to the Service including Platform-Generated Data, the computer code and other system elements underlying the Toggle application, software screens, all design elements and artwork, templates, layout designs and design facilities included in the Service, the concepts and ideas underlying the Service, all statistical and analytical data captured by or through the Service and the trade marks “Toggle” and “ToggleBox” and any other trade marks, trading names or signs adopted and used from time to time by us in relation to the Service.
You will not acquire any right, title or interest in any Toggle IP as a result of using or subscribing for the Service, except the limited right to receive the Service during the period of subscription in accordance with these Terms and Conditions.
13. Our responsibility for loss or damage suffered by you.
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if: either it is obvious it will happen; or, if at the time the contract was made, both we and you knew it might happen. For example if you discussed it with us during the sale process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Service.
We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If you wish to make a complaint or have other queries relating to the Service, please write to us to the following address: Toggle, Ridown Building Fulcrum 2, Solent Way, Fareham, Hampshire, United Kingdom PO15 7FN or by email to: firstname.lastname@example.org
15. Other important terms
We may transfer our rights and obligations under these Terms and Conditions to another organisation. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for the Service not provided.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its Terms and Conditions.
Each of the paragraphs of these Terms and Conditions operates separately. If any our or relevant authority decides that any of them are unlawful the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Service in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Service in either the Northern Irish or English courts.