This page sets out information about us and the legal terms and conditions for the services provided by us.
These terms and conditions (together with any documents expressly referred to in them) will apply to any contract between us for the provision of services to you. Please read these terms and conditions carefully and make sure you understand them, before ordering any services from us. By placing an order for services with us, you agree to be bound by these terms and conditions.
We are CableCom Networking Ltd a company registered in England and Wales under company number 03188615 whose registered office is at Rivermead Court, Kenn, North Somerset, BS21 6FT.
To contact us, please see our Contact Us page.
We offer Internet, television, telephony, data back-up, Internet security and other services which can be purchased from our website: http://my.livingcom.co.uk/registration ("Services").
All our Services are subject to availability and are only provided within buildings and/or properties that have been pre-wired to work with our Services. We will inform you by email as soon as possible if the Services you have ordered are not available to you.
Our Services are provided solely for private and domestic use by you (and if applicable, members of your household). Our Services must not be used for commercial or business purposes or for any unlawful purposes. For further guidance on how our Services may be used please refer to our Usage Policy.
In order to provide the Services to you, we may select and at any time change any carrier or other service provider used for the provision of the Services.
Internet speeds are accurate for wired connections but can be up to that of advertised if connection is made over WiFi.
When using our Services, you must comply at all times with the Usage Policy.
We provide our Services to you as packages. We do not allow subscription to our Services if they are not part of a package. We may make exceptions for TV services but these will be dealt with on a case by case basis. Where available, please contact us prior to ordering if you would like a TV only service.
To order Services from us, you will need to register with us via our website / portal. For the steps you need to take to order the Services from our website, please see our Registration page.
Our registration and order process allows you to check and amend any errors before submitting them to us. Please take the time to read and check you registration and any orders at each page of the registration and order process.
As part of the registration process we may perform a credit check on you, the results of the credit check if not favourable may limit the choice of Services we are able to provide to you.
By registering with us you represent that you:
After you place an order for Services from us, you will receive an email from us acknowledging that we have received your order. However, please note this does not mean that you order has been accepted.
We will confirm our acceptance to you by sending an email to you that confirms among other things that your order has been accepted, the details of any payments and setting out the dates between which the Services will be provided to you ("Confirmation").
The contract between you and us will only be formed once we send the Confirmation to you and incorporates these terms and conditions ("Contract"). If we are unable to provide all or part of the Services to you, we will inform you of this and will not process that part of your order.
The prices of our Services will be as quoted on our website and may change from time to time.
Depending on the Services which you order, you may be charged a subscription and other charges for the package of Services in advance from the date set out in your Confirmation and any charges for additional Services which you order, such as telephone calls or Video On Demand, may be charged to you in arrears, again as detailed in your Confirmation. Your payment option may also include a connection fee which is due upon ordering the Services.
We may collect the payments from you by using any of the credit or debit card details you have provided to us when registering, we would normally collect this via repeat payments unless we have agreed a Direct Debit facility.
We may increase the charges at any time by giving you one month’s notice. You are entitled to cancel the Services, if you are not happy to agree to such increase in our charges. Please see the "Cancellation" section of these terms and conditions.
Where you request additional equipment from us, such equipment will be charged to you according to our price list or leased to you on a monthly charge basis.
You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). If you do become aware of any fraud by someone else, you must tell us as quickly as you can. Under no circumstances should you give your passwords to anybody else (unless you're happy for them to use your account and add charges on your account).
Where you have been asked to pay a connection fee and not a monthly subscription you will be given an expiry date when you select the service. The connection fee entitles you to use the Services until the expiry date and cannot be cancelled, subject to "Cancellation" in the section below.
As a consumer, you have a legal right to cancel your Contract during the period of 7 working days from the day after the date of your Confirmation ("Cooling off Period"). A working day means a day which is not a Saturday, Sunday or a public holiday in England and Wales.
This means that during this period if you change your mind or for any other reason you decide you do not want to order the Services, you can notify us of your decision to cancel the Contract and receive a refund.
To cancel the Contract, you must contact us in writing by sending an email or a letter to the address shown on our Contact Us page. You may wish to keep a copy of your notice of cancellation for your own records.
If you decide to cancel the Contract within the Cooling off Period, you will receive a full refund of any charges you have already paid for the Services (less any charges in respect of Services which you have used) and we will process the refund due to you as soon as possible and, in any case, within 30 calendar days from your notice of cancellation.
After Cooling off Period has expired, you may only cancel the Contract on 30 calendar days' notice.
If you choose to cancel the Contract before the expiry of your Services (as set out in your Confirmation) a cancellation fee equivalent to 75% of the remaining balance will be payable.
You will not be charged a cancellation fee, where you are cancelling because we have notified you that we intend to change the Services we provide to you or to increase the price of the Services.
Where we have breached these terms and conditions, you are free to cancel the Contract between us at any time. We would like the chance to put things right first and so we'd ask you to give us reasonable time to do that before you cancel your Contract.
We may cancel the Contract or suspend the provision of Services to you immediately on notice to you if:
Where we cancel the Contract due to your fault, we will be entitled to charge you the balance of the line rental (if this applies) or the usage charges (or both) that you would have paid for the rest of the minimum period of the relevant Services in additional to any other charges you are liable to pay under this Contract.
If we discover that you have used Services from us without our permission at any time, we will also be entitled to charge you for any line rental or usage charges relating to those Services.
You are responsible for ensuring that any equipment which you use to connect to our Services meets the minimum specifications (if any) detailed on our website, is in good working order and conforms at all times with all applicable regulations and laws.
You agree to carry out a virus check before the Services are connected to your equipment. You agree to provide us with information about your equipment that we reasonably request.
Where we provide equipment to you in relation to the Services, you agree to take all reasonable care to prevent the loss, theft and damage of our equipment, to keep the equipment at all times under your control and possession and not to remove the equipment from your home.
You agree to tell us immediately about any loss or damage to any part of our equipment. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.
Where we provide equipment to you that does not have a manufacturer's guarantee, we warrant that on delivery and for a period of 12 months from delivery, the equipment will be free from material defects, save for:
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 breach of these terms and conditions or our negligence, except for those losses excluded by these terms and conditions.
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 of entering into the Contract.
We only provide the Services for domestic and private use, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
While we endeavour to provide a high quality fault-free service at all times we are not able to guarantee that there will be no disruption to the Services we provide nor that the Services will conform to specific levels of performance. In all cases where this is due to circumstances or situations beyond our reasonable control, we cannot accept responsibility for failure to provide the Services.
Although we take precautions, we cannot guarantee the accuracy or completeness of the content that we provide to you including any programme guide. The content may not be suitable for viewing or use by persons of all ages. For this reason, it is your responsibility to ensure that the content viewed or used is suitable for those viewing it (including children).
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or for any other liability which we cannot by law limit or exclude.
We may revise these terms and conditions and the Services which we provide from time to time. If you are unhappy with the changes, you may be entitled to cancel the Contract. Please refer to the "Cancellation" section above.
To protect our network and maintain quality of service for all our users we can temporarily or permanently control or restrict your online activities where such activities may have a detrimental effect on other customers' quality of service and it is reasonable for us to do so (e.g. sending "spam" messages or hosting a website).
Some services (for example, television channels that form part of our services) are supplied by other content owners. As a result, we may, due to matters outside our reasonable control or for commercial or contractual reasons, change all or any programming, channel allocations and channels, or cancel, postpone or alter the details of any video on demand without notice. Wherever possible we will give you reasonable notice of any changes.
We reserve the right to monitor and control data volume and/or types of traffic transmitted via the interactive services on your Internet access. In the event that you exceed any usage allowance applicable to your Internet access or your use does not comply with our Usage Policy, we reserve the right (at our sole discretion) to reduce, suspend or terminate your Internet access.
During any time of reduction or suspension, you will remain liable for the payment of your original level of Internet access charge. We also reserve the right (at our sole discretion) to re-grade your Internet access to a different speed and/or usage allowance at the appropriate charge. If we make such changes we will notify you as soon as possible.
We may at any time change, replace or withdraw the selection of Services available. For example we can vary the maximum speeds of your chosen package.
We will give you at least 30 calendar days' notice if we make any material changes to our Services. If we withdraw a package of Services entirely, we will move you to the closest equivalent package unless you notify us of a particular package choice within one calendar month of receiving the notification.
Where we provide equipment for use with our Services, this equipment remains ours at all times and where we need to alter and/or replace this device from time to time you agree to provide reasonable access to do so.
Any Internet address allocated by us to you will at all times belong to us and you may not sell or agree to transfer the number to any person. You will have a non-transferable licence to use such Internet address whilst you receive Internet access from us. In the event the Contract is terminated, for whatever reason, your licence to use the Internet address shall automatically terminate and thereafter you will not be able to use the Internet address.
You agree that you do not own any telephone number we make available to you. You agree not to sell or transfer any number provided to you or to advertise the number. We may need to change the telephone number we provide to you. We will try to do so only when it is reasonably necessary or when we are requested to do so by a competent authority. We will tell you before we change your number.
You may request us to transfer your number from another telephone provider. We will try to do this if it is reasonably practicable. If it is not reasonably practicable, we will provide you with a new number.
You are not permitted to copy or record any of the Services, or any television or radio programmes contained in the Services, except for your own private, domestic and non-commercial use (and if this kind of copying for personal use becomes unlawful in the future, you agree to stop doing it).
Some of our equipment may include personal video recording functionality or have access to network based recording. If this is enabled, it will work so long as we are permitted to use this technology by television content providers. If this functionality does not work for certain channels, this may be because our content providers have not permitted us to use it.
Ownership of all intellectual property rights in the equipment and any and all software or hardware systems required to use and operate, or which form part of, any of the Services are the exclusive property of us or our licensors.
Your right to use the equipment and any such software and hardware systems are subject always to these terms and conditions and you agree not to use the equipment and any such software and hardware systems for any purpose other than using and accessing the Services. You have no right whatsoever to copy, adapt, reverse engineer, decompile, disassemble, modify or adapt the equipment or any such software and hardware systems in whole or in part.
You will be given access to our Service Desk via telephone on 01275 793 412 and via email on firstname.lastname@example.org that provides assistance with registration and access problems that may arise as a result of network issues relating to the Services. Any calls to the Service Desk may be recorded or monitored for training and other purposes.
The Service Desk Support does not include support of hardware or software installed on your PC. Issues of such a nature will not be logged with the Service Desk and you are responsible for obtaining such support at your own cost.
Where we have not installed all the equipment needed to provide the Services, you agree to provide reasonable access to do so. We try to meet the time and day which we agree with you however if we need to change the time and/or date we will notify you of the changes as soon as possible.
You may need to be present during the installation. If this is not possible, then you need to ensure that someone aged 18 or over, is at your address to allow us access.
You authorise us to install and keep installed our equipment in your dwelling and you agree that we and our employees, agents or contractors may enter your home so that we can: carry out any work that is necessary for us to connect, maintain, alter, replace or remove any equipment necessary for us to supply the services that you and others have asked for; and inspect any equipment (such as your TV or computer) including our equipment which you may keep there.
We agree to cause as little disturbance as reasonably possible when carrying out any work at your dwelling. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your home.
You agree not to do anything, or allow anything to be done, at your home / room that may cause damage to or interfere with the equipment or prevent use or easy access to it.
You confirm that you are:
If you are a tenant with less than 12 month’s lease, please ensure that you will be able to meet the minimum period of the Contract.
We may modify or temporarily suspend the Services, or part of them, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of the Services and we will restore the Services to you as soon as we can. Where possible, we will notify you if this occurs.
You agree that you will tell us about any fault in the Services by phoning, emailing or writing to us. We will aim to respond as promptly as possible. In many circumstances it is possible to correct a fault over the phone. If this is not possible, we will send a technician to correct the fault.
We can transfer our rights or obligations under the Contract between us to any company, firm or person provided this does not affect your rights under the Contract in a negative way.
The Contract is personal to you. You may not transfer your rights or obligations under the Contract to anyone else, and no third party is entitled to benefit under the contract except where we transfer our rights or obligations.
Each paragraph of these terms and conditions operate 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.
If we fail to insist that you perform any of your obligations under these terms and conditions, 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.
The Contract is governed by and subject to the laws of England and Wales.