and conditions of sale Dynamic Broadband
& Fair Usage Policy
By purchasing from Nerja Solutions, you agree to the
and refunds Money back guarantee:
If you are not satisfied with the service level you
may be entitled to a refund within the first 28 days
and under the following conditions.
If your connection is disrupted for a time period longer
than 48 hours.
If the connection does not match our criteria outlined
in “Our provision of service to you”. This
will be verified by our engineer using independent speed
The use of third party access points or routers is not
supported and therefore we do not guarantee the functionality
of our connection when used with such devices.
A re-stocking fee and / or installation fee may be deductable
depending on circumstances.
Contracts and ownership of equipment.
All clients connected on our contracted services agree to the following conditions. The exteriour equipment and related power supply and injectors remains the property of Nerja Solutions until the end day of the 12 month agreement is reached. 30 days notice requried to terminate contract thereafter. This excludes any indoor switches or wireless devices that may have been purchased at the time of installation. Non payment of service will incur an aditional charge for reconection (10 euros) if payment is received later than the 15th of the month. If payment not received within 30 days of Due date, we reserve the right to cancel the agreement and switch service to our PayGo option. The price difference between contract installation and PayGo installation (calculated based on install date) along with any outstanding payments plus a cancellation fee of 58 euros will be added to your account and may be debited to your credit card. PayGo installs remain the property of Nerjasolutions for 18 months from the date of installation reguardless usage. We insist the equipment remain installed at the property for this duration or the equipment returned to us if it is no longer required.. No fees are charged during this period and the ownership of equipment is transfered after the 18 months.
provision of service to you.
3.1 We will provide the Services from the Go-Live Date
until either you or we end this contract (30 days notice)in the way
set out in these terms and conditions (subject to any
relevant Minimum Contract Period).
3.2 We will use reasonable skill and care when we provide
the Services to you.
3.3 We do not guarantee that the Services will be fault
free or available at any particular time or continuously.
You accept that Telefonica does some programming and
engineering work at our local phone exchange so that
you can receive the Services. We do not accept any responsibility
for errors or delays caused by Telefonica while they
are carrying out any set-up or ongoing programming or
call-routing work that affects the Services, or for
any acts or omissions of other Service Providers, third
party service or equipment suppliers that impact on
our ability to provide the Services.
3.4 In certain limited circumstances, we may not be
able to provide you with the Services for technical
reasons. If this happens we will use reasonable endeavors
to let you know promptly.
3.5 We may suspend the Services from time to time without
notice to you where it is necessary for us to do so
for operational reasons such as repair, maintenance,
improvement or emergency. We will restore the Services
to you as soon as possible.
3.6 You accept and acknowledge that the Broadband Services,
as with other Internet applications, are not secure
and we do not guarantee the prevention or detection
of any unauthorized attempts to access the Broadband
Services or your computer. It is your responsibility
to protect your computer from computer viruses, adware,
spyware, and malware by installing and updating adequate
anti-virus and security software.
3.7 We will use reasonable endeavors to provide the
Broadband Services to you at the speed you have requested,
however we cannot always guarantee this. The speed of
your connection and download times may be slower depending
on the length of any cables at the Installation Address,
the distance the Installation Address is from the mast,
the speed and quality of your router and modem, and
congestion on our Network or the Internet.
3.8 With the intention of ensuring our Network performs
consistently in all locations across our Network and
at all times of the day, we reserve the right to manage
internet applications across the Broadband Services
at our discretion as we see fit. This may include, but
is not limited to, prioritizing web traffic and email
over file sharing activities during times of high congestion.
Faulty goods within 28 days of receipt will be exchanged
depending on condition. This does not apply to faults
caused by accident, neglect or misuse, for which there
will be no re-fund or exchange.
Outside of these 28 days and the product develops a
fault you will be responsible for returning the product
and we can help arrange repair or return to manufacturer.
This applies to goods within 12 months of purchase.
Again, accidental damage does not apply. 2nd year guarantee
only applies if chargeable annual service is carried
out by NS.
Realignment of Antenna
Due to strong weather conditions a dish may need to
be adjusted as they are only installed to certain wind
strain levels. This service is not free of charge and
a maintenance fee will apply. If the dish loses signal
within 3 months of install and no strong winds have
affected alignment there will be no charge. This does
not apply if any other party has carried out maintenance
or void sticker has been removed.
Damaged or incorrect goods
The customer must check product on receipt and if damaged
or incorrect a replacement will be arranged immediately.
All packaging must be retained and Nerja solutions must
be notified within 7 days of delivery.
Liability and security
NS liability for any injury (other than death or personal
injury), damage or loss, in particular consequential
loss, arising from the use of any goods purchased is
hereby excluded. Any injury, damage or loss arising
directly from the negligence of NS or its installers
will be limited to a refund of the value of the goods
purchased and any other charges already paid.
All reasonable care is taken to protect the confidentiality
of credit card details, NS are lot liable if through
no fault of their own such details are intercepted and
used by third parties. All personal details are handled
in accordance with the Data Protection Act 1998.
NB We practice a policy of continual review and reserve
the right to change the above terms and conditions at
any time, without prior notification.
- Fair usage policy
Dynamicbroadbands's policy towards Fair Usage is that
Customers should be able to use the service in an appropriate
manner to meet their needs.
A very small number of customers use an excessive amount
of the network bandwidth at peak times, to the extent
that it can impair the performance of others. Dynamicbroadband's
Fair Usage Policy is designed to provide the most effective
service to all Customers.
The fair usage policy will identify the very small number
of very heavy users. We will communicate with these
users to try and establish what is driving the high
usage and how individual usage patterns and habits can
be modified to the benefit of all. In extreme cases,
Dynamicbroadband may be required to apply management
techniques to reduce the impact the heavy users have
of the service performance of others.
Level of usage is allowed?
Only customers downloading well in excess of 5GB a month
are likely to be impacted by the Fair Usage Policy.
This is the equivalent of downloading more than five
movies a month, or watching streaming content for more
than 3 hours every week
The Fair Usage Policy will adversely impact less than
0.5% of the users on the network.
do I know
if I am likely to be affected by the Fair Usage Policy?
If you don't use Peer to Peer file sharing software
or stream video or radio for extended periods, it is unlikely
you will ever be affected by this Fair Usage Policy.
If you do use these applications, all we ask is that
you use these applications considerately and send and
receive large files outside of peak hours.
happens if you are affected by the Fair Usage Policy?
If you are affected, we will contact you by email to
let you know that your usage at peak hours is excessive
and is affecting other customers. The email will be
sent to both your contact email address and will contain
simple advice on how to reduce your usage. If your usage
is still excessive, we will contact you again to ask
you to reduce your usage during peak hours. If your
usage still remains excessively high, we will contact
you a third time to advise you that we will be reducing
your capability to consume bandwidth.
Broadband services are based on the principle that many
users share the same network resources. From time to
time, there is a chance that the demand for the available
bandwidth will exceed the capacity of the network. At
Dynamicbroadband we have opted to deploy mechanisms
that aim to create a level playing field, ensuring a
fair and quality service for every customer.
The task of delivering equitable bandwidth for data,
video and voice traffic carried over our network is
called traffic management. It is the mechanism by which
different types of traffic are recognized and handled
to best effect for the overall performance of the network.
The network traffic generated by customers is identified
according to its application type. Some types of traffic
are more sensitive to delay and packet discard than
others. The traffic management system will look to provide
the optimum performance for the benefit of the majority
of users and applications.
There is no time based application of the traffic management
policies because congestion could potentially occur
at any time. The policies are amended to changing conditions
and optimized regularly. Our typical peak times however
are between 6pm and 10pm weekdays and weekend afternoons.
The general principles we adopt are as follows:
All traffic is identified by application, and assigned
to a class.
Prioritisation of traffic is given according to the
class of service.
No ports or protocols are blocked.
Dynamicbroadband operates no time of day criteria for
The negative results of traffic management are that
some users may experience reduced throughput rates,
for some applications, during heavily congested times.
This is especially likely for Peer to Peer (P2P) and
News Group applications.
P2P applications are those used for downloading, typically
very large files such as movies, over extended periods.
If left unchecked, P2P can be responsible for consuming
over 70% of the available bandwidth, despite being used
by a fraction of the user base. Peer to Peer applications
are generally given low priority and are not guaranteed
to function Peer to Peer applications include, but are
not limited, to the following:
News Groups are applications used for discussing topics
or more often the sharing of large data files. Like
P2P applications, Newsgroups are considered as non-time
sensitive traffic. As such the traffic is given a lower
priority compared to other types of traffic.