Boosty Limited (“we”, “us”, “our”, “Boosty”) has provided or otherwise made available to you software, or substitute copies or upgrades of the software (“Software”) in order to speed up your home broadband (“Service”). Before you use the Service by running the Software, carefully read these terms and conditions (“Terms”); by running or otherwise using the Software you agree to be bound by these Terms. You should save or print a copy of these Terms for future reference.
Boosty is a company registered in England and Wales under company number 08321686, our registered office is at 40 Princes St, Ipswich, Suffolk IP1 1RJ and our VAT number is 182001354.
You can contact us by e-mailing email@example.com or on 03333 66 00 22. If we have to contact you we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order the Service from our site. By clicking “I Accept” you are agreeing to purchase the Service and may be charged.
1. YOUR PERSONAL INFORMATION
2. THE CONTRACT
2.1 You may only purchase the Service from our site if you are at least 18 years old.
2.2 Please carefully check your order before it is submitted. After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
2.3 These Terms will become binding on you and us when we confirm our acceptance to you by e-mail (“Confirmation”) at which point a contract between us will be formed.
3.1 The Service is for an initial period of 1 year from the date of the Confirmation (“Initial Period”) and requires a router containing the underlying Software (“Router”). Performance of the bandwidth combination in order to continue with the Service for further periods of 12 months beyond the Initial Period can be purchased on request. We will contact you by e-mail or telephone when your Service is nearing expiration to discuss your renewal.
In consideration of your payment of the licence fee (which is part of the price of the Service) we grant to you a non-exclusive licence to use a Router containing the underlying Software in accordance with these Terms.
5.1 For the Initial Period and any subsequent period of 12 months purchased pursuant to clause 3.1 Boosty will provide you with a Router in order to access the Service. This Router shall belong to Boosty for this period and will be replaced by us upon request in the event of any defect. On the second anniversary of the date of the Confirmation ownership of such Router will transfer to you and thereafter you will be responsible for your access to the Service.
5.2 If the Service is terminated prior to the second anniversary of the Confirmation you shall return such Router to us.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
6.1 You have the right to cancel the contract within 14 days without giving any reason.
6.2 The cancellation period will expire after 14 days from the day on which the contract is entered into.
6.3 To exercise the right to cancel, you must inform us: Boosty Limited of 40 Princes St, Ipswich, Suffolk IP1 1RJ, 03333 66 00 22 and firstname.lastname@example.org, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form included at the end of these Terms, but it is not obligatory.
6.4 You can also electronically fill in and submit the model cancellation form or any other clear statement on our website boosty.com/cancellation. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7. EFFECTS OF CANCELLATION
7.1 If you cancel this contract, we will reimburse to you all payments received from you.
7.2 Subject to clause 7.4 we will make the reimbursement without undue delay, and not later than 14 days after the day we receive notification of your cancellation.
7.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.4 We may withhold any reimbursement until we have received back any Router and goods supplied in order to access the Service or you have supplied evidence (to our reasonable satisfaction) of having sent back the same.
7.5 We may make a deduction from the reimbursement for loss in value of any Router and/or goods supplied, if the loss is the result of unnecessary handling by you.
7.6 You shall send back any Router and goods supplied in order to access the Service or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate to us your cancellation from this contract. The deadline is met if you send back any Router and goods before the period of 14 days has expired.
7.7 You will have to bear the direct cost of returning any Router and goods supplied in order to access the Service unless any Router or goods supplied in order to access the Service are faulty or mis-described. If you requested the performance of the Service to begin during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
8. PRICE OF PRODUCTS
8.1 The price will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct. Prices may change from time to time, but changes will not affect any order confirmed by Confirmation.
8.2 The price of the Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
8.3 Prices are checked regularly. If we discover an error in the price of your order we will contact you to inform you of this error and give you the option of continuing to purchase the Service at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious, unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Service to you at the incorrect (lower) price.
9. HOW TO PAY
9.1 You can only pay for the Service using a debit card or credit card. We accept the following cards: Visa, MasterCard and Amex.
9.2 Payment for the Service is yearly in advance.
10. DATA PROTECTION
10.2 We monitor communication across our service including usage level and traffic profile and may be obliged to cooperate with a request under the Regulation of Investigatory Powers Act 2000 (RIPA) at any time.
10.3 The Service uses dynamic IP addresses which may be subject to change.
11. CONDITIONS OF SERVICE
11.1 You acknowledge that we may attempt to assist you by phone or e-mail with a variety of technical issues but that you are solely responsible for your equipment, internal network and WAN network and for the cost of any consultants or vendors you engage to assist you with any issues you may have with regard to your Internet services.
11.2 We provide you with 14 days free set up assistance after a Router arrives. When you receive a Router you will receive a support contract number and/or instructions on how to access our online forum (forum.boosty.com). We will provide support designed to get a Router up and running quickly either by telephone, e-mail or through our online forum. Please note telephone assistance may only be available during the initial Boosty launch. We reserve the right to refuse support assistance if the support requests are for non-Boosty equipment or services, or if we believe that the support service is being abused.
11.3 The Service must be performed with reasonable skill and care, within a reasonable time and in-line with information provided concerning Boosty and the Service, and, if it is not and the 14 day cancellation period under paragraph 4 has expired you can ask us to repeat or fix the Service if it is not carried out with reasonable care and skill, or request a partial refund if cannot be fixed.
12. YOUR OBLIGATIONS
12.1 By accepting these Terms, including the license, you undertake:
12.1.1 not to use, exploit, reproduce, duplicate, copy or re-sell the Software except as agreed by us or expressly set forth under these Terms;
12.1.2 not to disclose, make available or use the Software for the benefit of any third party, nor to sell, assign, lease, rent or otherwise commercially exploit the Software with or without charge;
12.1.3 not to copy, modify, translate, decompile, disassemble or otherwise reverse engineer the Software nor to permit the whole or any part of the Software to be combined with or become incorporated in any other programs or otherwise determine or attempt to determine source code or protocols from the executable code of the Software or create derivate works based upon the Software; and
12.1.4 not to use the Software:
220.127.116.11 for any commercial, business or re-sale purposes. Boosty is intended for use by consumers only and we reserve the right to cancel the contract between us if the Service is used for any commercial, business or resale purposes. We may choose to continue the contract with you for business purposes for an additional charge. Please contact us directly if you are a business customer;
18.104.22.168 for immoral, illegal or for any other purpose which may be termed abusive or harmful;
22.214.171.124 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
126.96.36.199 for the purpose of harming or attempting to harm minors in any way;
188.8.131.52 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
184.108.40.206 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of our Network Abuse Policy (available at boosty.com/abuse).
13.1 We may terminate the contract between us immediately by written notice to you if:
13.1.1 you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days of such notice; or
13.1.2 you fail to pay us when you are supposed to; or
13.1.3 you do not renew the Service after the Initial Period.
13.2 Upon termination your right to use the Service will cease and, if the Service is terminated prior to the second anniversary of the Confirmation, you must cease to use any Router and must return such Router to us.
14. INTELLECTUAL PROPERTY RIGHTS
The Router and Software are protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights and interests to any and every part of the Router and Software and all copies thereof shall remain at all times vested in Boosty.
15. NO WARRANTY
15.1 You acknowledge that the Service, including the Router, has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements. The performance of the Service is dependent on your home WIFI and mobile phone connection and therefore we cannot guarantee the performance level of the Service. We intend to provide a continuous, high-quality service at all times and, where we are at fault, we will repair such faults as soon as possible.
15.2 We do not warrant against interference with your enjoyment of the Service, that the functions contained in the Software will meet your requirements, that the operation of the Service will be uninterrupted or error-free. No oral or written information or advice given by us or a Boosty authorised representative shall create a warranty on behalf of us.
15.3 We implement a fair use policy. If, in our sole opinion, you use an excessive amount of data via our servers we reserve the right to restrict or block your access to data and/or request that you make an additional payment for use of the data.
16. OUR LIABILITY
16.1 In no event shall our total liability to you for all damages exceed the amount that you paid for the Service.
16.2 You are responsible for ensuring that the function which limits the level of data used by your mobile telephone is enabled. All mobile phone charges incurred as a result of its connection with the Service will be solely your responsibility.
16.3 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable subject always to the cap in paragraph 16.1 above. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
16.4 To the extent not prohibited by applicable law, in no event shall we be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
16.5 We do not in any way exclude or limit our liability for:
16.5.1 death or personal injury caused by our negligence;
16.5.2 fraud or fraudulent misrepresentation;
16.5.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
16.5.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
16.5.5 defective products under the Consumer Protection Act 1987; and
16.5.6 any other liabilities that cannot be excluded or restricted.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including the cancellation or withdrawal of any service provided by a third party which may affect the way the Service is provided or the removal of any part of the Service from an app store. Such removal of any part of the Service from an app store shall not constitute a material breach of the contract.
17.2 If an event beyond our reasonable control takes place that affects the performance of our obligations under the Terms we will contact you as soon as reasonably possible to notify you and our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of such an event.
18. OTHER IMPORTANT TERMS
18.1 We may from time to time change these Terms regarding how we accept payment from you or to reflect changes in relevant laws and regulatory requirements. If we make any changes we will give you at least one month’s written notice of such changes before they take effect.
18.2 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.7 These Terms are governed by English law. This means a contract for the purchase of the Service through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.