Version 1.4 · Effective from the date of acceptance of your Contract

These Conditions form part of the Contract between you and Everflow Telecoms Limited (company number 11624217). Together with the Order Form (your Fixed Term Connectivity Contract) and the Contract Summary, they set out the basis on which we will provide Services to you at the Property where you use them.

Certain words or phrases used in these Conditions are highlighted in bold or italics. We have given those words or phrases specific meanings, which are set out in Condition 19 (Definitions). In this document, ‘you’ or ‘your’ refers to you, our customer, and ‘we’, ‘us’ or ‘our’ refers to Everflow Telecoms Limited.

1. The Contract

1.1 These Conditions apply from the Contract Agreed Date and continue until the Contract End Date in accordance with Condition 5.

1.2 If there is any conflict between your Order Form and these Conditions, these Conditions take precedence.

1.3 We may amend the terms of any Contract Document at any time provided we give you at least one month’s notice of any material change. Where the change gives you a right to exit, we will tell you so in writing. You will be deemed to have accepted any change on its effective date unless you tell us otherwise within 30 days of being notified.

1.4 A Contract may only apply to a single distinct Property. Where you have multiple Properties, a separate Contract is required for each.

1.5 Before you are bound by this Contract we will provide you with the Contract Information and the Contract Summary in accordance with Ofcom General Conditions C1.3 to C1.7. You acknowledge that you have received and read these documents prior to entering into this Contract.

2. Microenterprises, Small Enterprise and Not-For-Profit Customers

2.1 Where you are a Microenterprise, Small Enterprise or not-for-profit customer (as those terms are defined in Ofcom’s General Conditions), the protections set out in Ofcom General Conditions C1.3 to C1.36 apply to this Contract unless you have expressly agreed otherwise.

2.2 You confirm your status as a Microenterprise, Small Enterprise or Not-For-Profit Customer on the Order Form. We may rely on the information you provide. If your status changes during the term of this Contract you must tell us within 30 days.

3. Our Charges

3.1 You will find your Charges, and the basis on which we work them out, in your Order Form, Contract Summary, and on our Charges Schedule published on our Website.

3.2 All Charges are exclusive of UK tax or duty. We will add VAT to your Charges at the prevailing rate where applicable.3.3 Annual in-life price increases. From 17 January 2025 our in-life price increases are stated in pounds and pence in accordance with Ofcom General Condition C1.6. The increases applied each 1 January during your

Initial Term are:

• Connectivity: + £2.50 per month, per Connectivity line

• Voice: + £0.75 per month, per Voice seat

• Call package: + £0.25 per month, per line

3.4 If at the relevant 1 January measurement point you hold an active Water and/or Waste contract with Everflow, the in-life increases in Condition 3.3 will not apply for that year.

3.5 Out-of-contract uplift. When your Initial Term ends and your Contract rolls onto a 30-day rolling plan, we will add an out-of-contract uplift to the price you were paying immediately before the end of your term, as follows: + £8.00 (Connectivity), + £4.00 (Voice), + £2.00 (Call package). The exact figure will be confirmed on your end-of-contract notification.

3.6 Out-of-bundle charges. Charges that are not included in your bundle (for example international calls, Non- Geographic Calls Service (NGCS) calls, premium rate numbers, fixed-to-mobile calls outside any included allowance) are subject to an annual update each January equal to the Consumer Price Index (ignoring any negative figures) plus 3.9%. Current out-of-bundle rates are published on our website.

Charges may be amended where our underlying suppliers increase their charges, with any increase being proportionate to the additional cost incurred by us. This has been added to the Charges Schedule.

3.7 Calls are calculated by multiplying the period of the Call, rounded up to the nearest whole second, by the relevant per minute rate and rounding the result up to 3 decimal places of a pound. Calls which extend over more than one time band will be charged at the rate appropriate to the time band in which the Call commenced.

3.8 Time band shall be 8am to 6pm Monday to Friday, with all other times outside of this period treated as off- peak (including weekends and UK public holidays).

3.9 Payphone access levies (including reverse charge) and mobile access levies will apply to all Calls from payphones or mobiles (as appropriate) as additional charges set out in our published rates.

3.10 Where we levy an advance (upfront) charge this will be payable on your first invoice which may be prior to your Services Start Date.

3.11 In addition to your Charges, we may recover our reasonable costs incurred if you fail to meet your obligations under these Conditions, including (but not limited to) the costs of recovering unpaid Charges, failed property access for engineer visits, and recovery of any unpaid delivery costs.

4. Payment

4.1 You agree to pay your Charges and any other amounts properly due in connection with these Conditions.

4.2 Your first bill will be issued from your Services Start Date and will cover one month in advance plus any one-off Charges.

4.3 After your first bill, your billing date may be subject to change at our reasonable discretion.

4.4 Your bills will be sent by email. Paper bills are available on request and will attract a reasonable surcharge per bill, set out in our Charges Schedule.

4.5 All bills must be paid by Direct Debit, unless we agree otherwise in writing. The Direct Debit Instruction forms part of the Contract (Section 7 of your Order Form).

4.6 If your Direct Debit is cancelled and not reinstated within 5 Business Days without our express written permission, we may require you to pay using another method. Where you pay by a method other than DirectDebit, your Charges will be increased by 5% or £10 per month (whichever is greater) to cover the additional administrative cost.

4.7 Unless otherwise agreed in writing, invoices must be paid in full within 10 Business Days of the invoice date.

4.8 If you do not pay by the due date: (a) we may suspend your Services without notice; and (b) we may charge a late payment fee of 5% of the bill or £10, whichever is greater. Continued non-payment may lead to termination under Condition 5.

4.9 If you dispute a bill, you must contact us before the invoice due date and explain why. Where there is evidence the bill was incorrect we will agree that you do not need to pay the disputed Charges until our investigation is complete. If we do not agree your dispute is valid, you remain liable to pay the disputed Charges and may also be charged 5% of the outstanding amount or £10 (whichever is greater) for additional administrative costs.

4.10 If your bank fails to honour a payment we will attempt to represent the Direct Debit, which will incur a surcharge. Repeated failures may result in your payment method being changed (e.g. to BACS), your Services being suspended, or your Price Plan being varied (including backdated Charges).

5. Ending the Contract

5.1 The Contract can only be ended in accordance with this Condition 5.

5.2 After the Contract End Date, your Contract will roll onto a 30-day rolling plan at the out-of-contract price (Condition 3.5), unless you give notice to end or you and Everflow agree a new fixed term. We will issue you with an End-of-Contract Notification at least 10 and not more than 40 days before the end of your Initial Term in accordance with Condition 17.

5.3 Notice to end. You can give notice to end at any time. We require at least 30 days’ notice in writing by email, post or by telephone to our Customer Service team (0330 335 1448).

5.4 Early Termination Charge. If you end the Contract during your Initial Term you will pay an Early Termination Charge equal to 75% of your standard monthly Charges (being the in-contract price after any promotional discount has ended) multiplied by the number of months remaining in your Initial Term. January in-life price increases (Condition 3.3) are not included in this calculation. The exact figure will be confirmed on your final bill.

5.5 Exceptions to Early Termination Charges. No Early Termination Charge will apply where: (a) you have gone into administration; (b) we have notified you of a material change under Condition 1.3 and you give notice to end within 30 days of that notification; (c) we lose our licence to supply the Services to you; or (d) any other circumstance in which Ofcom requires no charge to apply.

5.6 Unreturned equipment charges. If you have received Equipment free of charge under this Contract and do not return it to us within 30 days of the end of the Contract, you will be charged: Router £50, Yealink W73P handset £100 per handset, ATA adapter £45. VAT, where applicable, will be charged at the relevant rate. These charges do not apply to Equipment you have purchased outright or which has been fully paid for via your monthly Charges.

5.7 Without prejudice to any of our other rights, we may terminate the Contract on written notice to you if: (a) you fail to make payment within the timescales set out in Condition 4; (b) we and/or our Network Suppliers are unable to access the Property to supply the Services; or (c) you commit a material breach of these Conditions that you fail to remedy within 14 days of being notified.

5.8 We may terminate the Contract immediately if our Network Supplier ceases to be authorised to provide the Services under the Communications Act 2003, or is required to terminate their agreement with us by anorder, instruction or request of Government, an emergency services organisation, a court, or any competent regulatory body (including Ofcom).

5.9 We may also terminate the Contract immediately if you are no longer the owner or occupier of the Property, or if Ofcom (or another relevant authority) directs another supplier to take over supply.

5.10 Cancelling your order before your Services go live. A cancellation fee of £200 (plus VAT where applicable) will apply where you cancel your order before the Point of No Return, to cover the network cancellation charges we incur. Where your installation requires an engineer visit, this same £200 fee (plus VAT) will apply where you cancel at least 48 hours before the date of your first scheduled engineer installation.

5.11 Dispatched Equipment on cancellation. In addition to the £200 fee in Condition 5.10, you will be charged for any Equipment that has already been dispatched to you at the point of cancellation, at the prices set out in our Charges Schedule, unless you return it to us unused and in its original packaging within 14 days of cancellation.

5.12 Missed engineer appointments. Where one or more engineer installation appointments have already taken place and been missed before you cancel, the cost of each missed appointment will be passed on to you at cost.

5.13 Short-notice cancellation. Where you cancel less than 48 hours before a scheduled engineer installation, or after your Services have gone live, our usual charges will apply, including the Early Termination Charge set out in Condition 5.4 where your Services have commenced, together with any missed-appointment charge under Condition 5.12.

5.14 Surviving rights. The accrued rights and obligations of the parties as at the date of termination shall survive the end of this Contract, including any obligation to pay outstanding Charges, late payment fees, or Early Termination Charges.

6. The Services

6.1 We provide the Services through Network Suppliers (including, where applicable, Openreach) that are authorised under the Communications Act 2003 to operate electronic communications networks in the UK.

6.2 We may, at our discretion, change Network Supplier during the term of this Contract. Where we do so we will use reasonable endeavours to ensure continuity of Service.

6.3 Network technology disclosure. The underlying network technology used to deliver your broadband Service is set out in your Contract Summary (for example Full Fibre / FTTP, Part Fibre / FTTC, or a copper-based service). We provide this information in accordance with Ofcom’s Guidance under General Conditions C1 and C2 on broadband information (effective 16 September 2024).

6.4 You must not use the Services: (a) in any way that breaches any law, code of practice or regulatory requirement; (b) in a fraudulent or illegal manner; (c) to send Spam or unsolicited communications; (d) in any way that is offensive, threatening or harassing; (e) for any purpose contrary to our Acceptable Use Policy (everflowutilities.com/legal/acceptable-usage-policy).

6.5 Service suspension. We may suspend the Services temporarily where: (a) our Network Supplier needs to carry out planned maintenance, upgrades or repairs; (b) we reasonably believe the Services are being used in breach of Condition 6.4; (c) a Security Incident has occurred or is likely to occur; or (d) where required to comply with a request of a competent authority. We will give you as much notice as is reasonably practicable.

6.6 All apparatus and Equipment you connect to the Services must conform to applicable laws and standards.

You shall comply with all applicable laws (including data-protection laws and VOIP laws) in your use of the Services.

6.7 Digital Voice and emergency calling. Your Digital Voice service depends on power and a working broadband connection. If there is a power cut, internet outage or other failure, you may not be able to contact emergency organisations (999 / 112) using Digital Voice. We recommend you maintain an alternative means of contacting emergency services, including (where appropriate) a mobile phone or our optional battery back-up.

You acknowledge this risk in Section 6 of the Order Form.

6.8 Incompatible equipment. You acknowledge that products including (but not limited to) alarm services, Red Care, personal emergency or panic alarms, and PDQ machines that are not contactless-enabled may not work when your existing telephone number is transferred to Digital Voice. It is your responsibility to ensure compatibility before transfer.

6.9 Speeds. The estimated maximum and minimum upload and download speeds applicable to your broadband Service are set out in your Contract Summary. These are estimates only and are not guaranteed.

Actual speeds depend on factors including time of day, location, exchange availability, premises wiring and Wi-Fi conditions.

6.10 SoGEA broadband without Digital Voice. Where you select a SoGEA (Single Order Generic Ethernet Access) broadband Service without also taking a Digital Voice service from us, your existing analogue telephone line will cease on the date of migration and will not be retained. Any telephone number associated with that line will be lost unless we complete a number port to a Digital Voice service as part of the switch. You acknowledge this consequence in Section 6 of the Order Form and accept responsibility for making alternative arrangements for voice and emergency calling continuity before migration takes place.

6.11 Switching to us. If you are transferring your existing services or Bundle to us from another provider, you may be able to use the switching process described in Ofcom General Condition C7.4(a) to do so. We will tell you if this applies to your order and what you need to do; you do not need to give notice to your existing provider yourself unless we ask you to.

7. Broadband Service

7.1 This Condition 7 applies where you purchase a Broadband Service from us.

7.2 Provision of the Broadband Service is subject to availability of fibre or part-fibre infrastructure at your supply address, and to the conditions of our Network Supplier. We will use reasonable endeavours to confirm availability before the Services Start Date.

7.3 You must use the Broadband Service in accordance with our Acceptable Use Policy (everflowutilities.com/legal/acceptable-usage-policy) and fair use policy.

7.4 Captive Portal. Our Network Supplier may, in response to a Security Incident (for example a Distributed Denial of Service attack), temporarily move your circuit into a Captive Portal environment in order to protect other Customers and the network. We will tell you if this happens.

7.5 Spam and virus filters are not 100% effective. We will not be liable for any losses you suffer in connection with Spam, viruses, worms, or the use of Spam or virus filters, however caused.

7.6 Use of the internet is at your own risk and is subject to all applicable laws. We are not liable for any goods, services, software or other material you obtain when using the internet.

7.7 Our Network Supplier may retain records of websites visited, URLs, duration of visits and bandwidth used, in line with UK legal and regulatory requirements.

7.8 Minimum quality of service. We do not offer a guaranteed minimum download or upload speed, latency, jitter or packet loss level for the Broadband Service beyond the estimated speed range set out in your Contract Summary. Actual performance may vary and is affected by factors including time of day, in-premises wiring and Wi-Fi conditions. Where you have taken an Enhanced care level under Condition 10.3, the target response and fix times set out in that care level apply, but do not constitute a guaranteed quality of service level.

8. Voice and Call Packages

8.1 This Condition 8 applies where you purchase a Voice or Call Package Service from us.

8.2 Voice Services are provided via Digital Voice using session initiation protocol (SIP) over your broadband connection. Each Voice seat carries the per-seat Charges set out in your Order Form.

8.3 Call Packages. Where you purchase a Call Package, the inclusive minutes or call types covered are described in your Order Form and on our Charges Schedule. Calls that fall outside the inclusive scope of your Call Package (including but not limited to NGCS, premium-rate and international calls) are out-of-bundle and chargeable at our published rates (Condition 3.6).

8.4 Number porting. Where you ask us to port an existing number to our network, you authorise us to act on your behalf. Porting is usually completed within 4 Business Days of order confirmation. We are not responsible for losses caused by porting timing where these are outside our reasonable control.

8.5 If your number cannot be ported to our network and you do not wish to receive a new number, the Contract will be terminated without penalty. You will remain liable for any Services we have provided up to the point of termination.

9. Equipment

9.1 Where we supply Equipment to you (such as routers, Yealink handsets, Grandstream ATA adapters or

other peripherals), title to the Equipment passes to you once full payment has been received by us. Risk in the Equipment passes to you on delivery.

9.2 You must inspect the Equipment on delivery and notify us of any defects or damage within 28 days. After 28 days the Equipment will be deemed to have been accepted in satisfactory condition.

9.3 Equipment provided to you free of charge (or where the cost has been amortised over your Initial Term and not paid in full at the time of termination) remains our property until paid for. If you end the Contract before your Initial Term has expired and you do not return such Equipment within 30 days, you will be charged the amounts set out in Condition 5.6.

9.4 We do not offer or supply wireless boosters or mesh extenders as part of our standard Equipment offering, unless expressly set out in your Order Form.

9.5 Self-install. Where you select Self-install on the Order Form, you are responsible for connecting and configuring the Equipment in accordance with the instructions we provide. If you require an engineer visit to complete installation as a result of issues we attribute to incorrect self-installation, we may charge for that visit at our published rates.

9.6 Free Equipment on 36-month Contracts. Where you enter into a Contract with an Initial Term of 36 months, the following Equipment is provided free of charge subject to the conditions in Condition 9.3: (a) one Grandstream ATA adapter; and (b) one Yealink W73P handset kit (base station and one handset), where you have also selected a PL+ Office or PL+ Anywhere Voice package. Free Equipment under this Condition remains our property until the Initial Term has been completed or the Equipment cost has otherwise been paid in full.

10. Service Level Agreement and Service Faults

10.1 Our operational hours for fault notifications are 08:00–18:00 UK time Monday to Friday and 09:00-12:00 UK time Saturday, excluding UK public holidays (Working Hours). We may vary these hours from time to time on reasonable notice.

10.2 Standard care level. We offer an inclusive standard care level in the event you experience loss of Service. Under standard care we will use reasonable endeavours to rectify a notified fault within 72 Working Hours of you reporting it. Where an engineer visit is required, this will take place during Working Hours.

10.3 Enhanced care levels. Enhanced care levels (Business Care and Premium Care) are available at the monthly Charges set out in your Order Form and on our Charges Schedule. Enhanced care levels offer faster target fix times. Details are available on request.

10.4 We do not warrant that the Services will be fault-free or free of interruptions.

10.5 A fault will be considered rectified once we have corrected it and confirmed the same to you. If we are unable to rectify a fault due to circumstances outside our reasonable control (including delayed access to the Property, your failure to respond, or third-party network issues) the relevant fix time will be extended accordingly and we will not be liable for any resulting delay.

10.6 Customer-owned equipment. If you choose to use your own Equipment, we will not be responsible for any faults or failures of Service directly attributable to it and we will be unable to support repair or configuration. You may be asked to use Equipment supplied by us to assist fault diagnosis.

11. Personal Information and Data Protection

11.1 We will use the information we have collected about you and your business to: (a) provide the Services and contact you in connection with them; (b) search and update credit reference agencies to assess your application for credit, check identity, prevent and detect fraud, and identify early signs of financial vulnerability; (c) contact you by email, text, post or telephone about Everflow products and services; (d) comply with our legal and regulatory obligations.

11.2 We will not share your personal data with organisations outside the Everflow group of companies for marketing purposes without your consent.

11.3 We will comply with all applicable Data Protection Legislation. For data processed on your behalf where you are the controller, we act as a processor and may appoint sub-processors. Full details of how we collect, process, share and store your Personal Data are set out in our Privacy Policy (everflowutilities.com/legal/privacy-policy).

11.4 Directory enquiries. Your personal data may be included in the BT directory and made available via directory enquiry services unless you opt out. You can tell us at any time by contacting our Customer Service team (0330 335 1448).

11.5 Security Incidents. Where we know or reasonably suspect that a Security Incident has taken place which affects your Services, we may temporarily or permanently suspend or restrict the Services to mitigate the risk.

We will tell you as soon as is reasonably practicable.

12. Vulnerable Customers and Accessibility

12.1 We offer a range of services to support our customers with accessibility needs, including Next Generation Text Relay Service, Free Directory Enquiries, Priority Fault Repair, Third Party Bill Management, Financial Hardship Support, Large Print Correspondence, Confirm-the-Call in Writing, and Emergency Video Relay Service.

12.2 If you need any of these services, or have any other accessibility requirement, please contact our Customer Service team on 0330 335 1448 and we will work with you to put suitable arrangements in place.

12.3 Financial hardship. If you are struggling to pay, please contact us as early as possible. We will work with you in good faith to agree a sustainable payment arrangement.

13. Complaints and Dispute Resolution

13.1 If you are dissatisfied with any aspect of our Services, please follow our Complaints Procedure published at everflowutilities.com/legal/connectivity-complaints-procedure. If you require a copy of the Complaints Procedure in an alternative format, please contact our Customer Service team on 0330 335 1448.

13.2 Where we are unable to resolve your complaint within 6 weeks of receiving it (or where we have issued a deadlock letter sooner), you may refer to your complaint, free of charge, to our Alternative Dispute Resolution scheme: (CISAS) Communications and Internet Services Adjudication Scheme. (www.cedr.com/consumer/cisas/make-a-complaint), subject to eligibility. You retain the right to take court proceedings.

13.3 Ofcom’s approved Code of Practice on Complaints Handling and Dispute Resolution can be found within the Annex to General Condition C4 (ofcom.org.uk).

13.4 Switching and porting. Where you wish to switch to a new provider or port your number away, please contact your new provider who will manage the process for you. Number porting times typically follow industry standards; we will release your number to a gaining provider in accordance with those standards.

14. Warranties and Indemnity

14.1 You warrant to us, on each day during the term of this Contract, that you have the unimpaired right and authority to enter into and perform this Contract.

14.2 You will indemnify us and hold us harmless against all liabilities, actions, losses, damages, judgments, costs, claims or expenses (including reasonable legal fees) arising out of: (a) any breach by you of Condition 6; (b) any breach by you of our Acceptable Use Policy; (c) any fraud or Artificial Inflation of Traffic; (d) any breach by you of the warranty in Condition 16.1; or (e) any other use of the Services by you in breach of these Conditions.

15. Our Liability

15.1 Except as set out in Condition 15.4, we are not liable to you for: loss of revenue; loss of profit; loss of contract; loss of data; loss of anticipated savings; business interruption; loss of time; loss of opportunity; any special, consequential or indirect loss; or any other loss or damage, in each case whether direct or indirect and however caused, even if it could reasonably have been foreseen.

15.2 Subject to Conditions 15.1 and 15.5, our total liability to you arising under or in connection with this Contract in any twelve-month period starting on the Services Start Date or any anniversary of it is limited to the lower of £50,000 or the total Charges paid or payable to us by you in such twelve-month period.

15.3 Notwithstanding Condition 15.2, our liability for damage to your Property will be limited to the lower of £50,000 or 12 months’ Charges for the Services.

15.4 If any act or failure to act by our suppliers causes you loss or damage, our liability (if any) will be limited to the amount we are able to recover from that supplier.

15.5 Nothing in this Contract excludes or limits our liability for: death or personal injury caused by our negligence (or that of our officers, employees or agents); fraud or fraudulent misrepresentation; or any other liability that cannot be excluded by law.

15.6 If the Contract ends, this Condition 15 shall continue to apply.

16. Assignment

16.1 We may transfer Charges, credit, or information relating to your Services (including your Direct Debit information) to a new provider in accordance with all applicable laws and regulations.

16.2 The terms of this Contract may be assigned to another Network Supplier or network provider of our choice (or the choice of Ofcom or another relevant authority), at which point that provider may make variations to the Contract. We will give you reasonable notice of any such variation.

16.3 You may not transfer any of your rights or obligations under this Contract without our prior written consent.

17. End-of-Contract and Annual Best Tariff Notifications

17.1 End-of-Contract Notification. In accordance with Ofcom General Conditions C1.21 to C1.30, between 10 and 40 days before the end of your Initial Term we will send you an End-of-Contract Notification setting out: (a) the date your Initial Term will end; (b) the Services covered by the notification; (c) the Charges you have paid during the most recent month; (d) any change to your Services or Charges that will happen automatically; (e) details of how to give notice to end; and (f) information about the best tariffs available to you for the Services you currently take.

17.2 Annual Best Tariff Information. In accordance with Ofcom General Conditions C1.31 to C1.36, while you are on a 30-day rolling plan after the end of your Initial Term we will send you Annual Best Tariff Information setting out the best tariff or tariffs we offer that are equivalent to the Services you currently receive.

17.3 Both notifications will be sent in writing using your last known contact details (email by default; paper on request).

18. General

18.1 Entire agreement. This Contract and any written variation constitutes the entire agreement between us and supersedes all previous written and oral communications.

18.2 Variations. Except as set out in Condition 1.3, no variation to this Contract will be effective unless it is in writing and signed by both parties (or their authorised representatives).

18.3 Force majeure. Neither party will be in breach of this Contract or liable for delay or failure to perform if the delay or failure results from events, circumstances or causes beyond its reasonable control. The affected party will use reasonable endeavours to mitigate the effect of the event.

18.4 No partnership. Nothing in this Contract is intended to establish any partnership or joint venture between us, or to make either of us the agent of the other.

18.5 Confidentiality. Each party undertakes not to disclose any confidential information concerning the business, customers or suppliers of the other party, except: (a) to its employees, officers, advisers or contractors who need to know for the purposes of performing the Contract; or (b) as required by law, a court of competent jurisdiction or any regulatory authority.

18.6 Third party rights. This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.18.7 Regulatory investigations. If we are subject to a regulatory investigation in connection with your account or Services, you will provide all relevant documents and take reasonable steps to assist our response, at your own cost.

18.8 Waiver. If we do not insist that you comply with any part of this Contract on any occasion, that will not constitute a waiver of our rights and will not prevent us from doing so in future.

18.9 Severability. If any part of these Conditions cannot be enforced, it will not affect the validity or enforceability of any other part.

18.10 Notices. We may serve any notice in connection with this Contract by email to your last known email address, or by post to your last known address or place of business (or, in the case of a company, to its registered office), or by leaving it at any Property covered by the Contract.

18.11 Governing law. This Contract and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.

18.12 Business-to-business contract. This Contract is entered into between Everflow Telecoms Limited and you, acting in the course of your trade, business, craft or profession. You are not a Consumer for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the statutory 14-day cancellation right and other consumer-specific rights under those Regulations do not apply.

Where you qualify as a Microenterprise, Small Enterprise or Not-For-Profit Customer under Ofcom General Conditions, the applicable Ofcom protections apply as set out in Condition 2.

19. Definitions

Acceptable Use Policy — the policy published at everflowutilities.com/legal/acceptable-usage-policy as updated from time to time.

Artificial Inflation of Traffic — any activity which results in higher-than-anticipated traffic on our network, or that of our Network Suppliers, including the inflation of incoming or outgoing call traffic for commercial gain.

Broadband Service — the broadband service set out in your Order Form and on our Website, including Full Fibre (FTTP) and Part Fibre (FTTC/SOGEA) services.

Business Day — a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Call — a signal, message or communication which can be silent, visual (including text) or spoken.

Call Package — the inclusive calls bundle (if any) selected on the Order Form, for example Unlimited UK Landline & Mobile or All Calls Everywhere (Excluding NGCS).

Captive Portal — an enclosed network environment to which our Network Supplier may temporarily move a circuit they believe is at risk of, or causing, a Security Incident.

Charges — the amounts payable by you for the Services, as set out in your Order Form, your Contract Summary and our Charges Schedule.

Charges Schedule — the published list of additional charges and rates available on our Website.

Conditions — these Terms and Conditions.

Consumer — any individual acting wholly or mainly outside the purposes of their trade, business, craft or profession (as defined in Ofcom’s General Conditions).

Contract — the contract between you and Everflow Telecoms Limited for the supply of Services, made up of the Contract Documents and these Conditions.

Contract Agreed Date — the date you accept the Contract, either by signature (electronic or otherwise) or by clear verbal agreement.

Contract Documents — your Order Form, the Contract Summary, these Conditions, the Charges Schedule, the Acceptable Use Policy and any associated schedules referred to in the Contract.

Contract End Date — the date on which the Initial Term of the Contract expires, as set out in the Order Form.

Contract Information — the contract information required by Ofcom General Condition C1.3 and provided to you before you are bound by the Contract.

Contract Summary — the standardised contract summary required by Ofcom General Condition C1.5, provided to you before you are bound by the Contract.

Data Protection Legislation — all applicable UK data-protection and privacy legislation in force from time to time, including the UK GDPR and the Data Protection Act 2018.

Digital Voice — our session-initiation-protocol (SIP)–based voice service delivered over your broadband connection.

Direct Debit Instruction — the Direct Debit Instruction completed by you and forming part of the Order Form, on which your Direct Debit collection is based.

Early Termination Charge — the charge payable under Condition 5.4 where you end the Contract during your Initial Term, calculated as set out in that Condition.

End-of-Contract Notification — the notification we send you under Condition 17.1, in accordance with Ofcom General Conditions C1.21 to C1.30, setting out the matters listed in that Condition.

Equipment — any apparatus, devices or peripherals we supply to you as part of the Services, including routers, handsets, ATA adapters, mesh extenders or back-up devices.

Initial Term — the initial committed period of the Contract, as set out in the Order Form (typically 12, 24 or 36 months).

Microenterprise, Small Enterprise and Not-For-Profit Customer — have the meanings given to them in Ofcom’s General Conditions.

Network Supplier — the wholesale telecoms provider(s) we work with from time to time to deliver the Services to you, including (where applicable) Openreach.

Ofcom — the Office of Communications, the UK regulator for telecommunications.

Order Form — the order form (your Fixed Term Connectivity Contract), in electronic or paper form, that records your selections for the Services.

Personal Data — has the meaning given to it in the Data Protection Legislation.

Point of No Return (PONR) — the point in the order process, as notified to you by us, after which cancelling your order will incur the network cancellation charges referred to in Condition 5.10.

Price Plan — a combination of tariff, payment method and any special terms applicable to your Services, as set out in your Order Form.

Property — the premises that you own, lease or otherwise occupy at which the Services are supplied.

Security Incident — any threat, vulnerability, breach or incident affecting our Services, our Network Supplier’s network, or your equipment.

Services — the connectivity, voice, calls, hardware and other services we provide to you under this Contract.

Services Start Date — the date Services begin, as confirmed in writing by us.

Spam — an unsolicited communication that is not permitted under the Data Protection Legislation.

Voice — the Voice Service set out in your Order Form, including PL+ Standard, PL+ Office and PL+ Anywhere tiers.

Website — everflowutilities.com.

Working Hours — 08:00 to 18:00 UK time Monday to Friday, and 09:00 to 12:00 UK time Saturday, excluding UK public holidays (as set out in Condition 10.1).

Everflow Telecoms Limited · Company number 11624217 · Registered office: Traynor Hub (T2), Traynor Way, Peterlee, SR8 2RU

Connectivity Terms and Conditions v1.4, effective from the date of acceptance of your Contract.