One Touch Switch Compensation Scheme

We will do everything in our control to ensure your One Touch Switch order is processed quickly and efficiently.

However, in the unlikely event that there is a delay in completing your switch or we miss an installation appointment, the following outlines the provision of compensation in the form of bill credits that will be applied to your account in line with Ofcom requirements.

Please note that this One Touch Switch Compensation Scheme (“The Scheme”) only applies to residential service orders placed through the One Touch Switch process and does not apply to residential service orders placed outside of the One Touch Switch process or to business customers.

The level of compensation credits that are payable under this Scheme will be adjusted annually, every 1 April, based on the Consumer Price Index (CPI) inflation as of 31 October in the previous year. The payment increase will apply to any new service issues that occur from 1 April.

There are 2 types of situations where this Scheme applies (delayed switch and missed installation or service appointment). The details of the compensation we’ll pay you in relation to each of these situations are set out below.

1. Compensation for delayed switch

1.1 At the point of placing your One Touch Switch order, we will provide you with an expected switch date for when your new services will be activated. The actual date may be sooner or later if there is any change to your installation date. Subject to paragraph 1.3, we shall apply a bill credit to your account if we do not activate your services by 23:59pm on the confirmed switch date. Credits will not be payable if the switch date is changed to a different, confirmed date in accordance with paragraph 1.3.

1.2 Subject to paragraph 1.3 and the limitations outlined in paragraph 4 (Limits on Compensation Payments) the amount of credit payable shall be £6.10 for the missed switch date plus £6.10 for each full calendar day that expires after the confirmed switch date until:

1. the first alternative date that is offered as an alternative switch date; or 
2. if earlier, the date either you or we terminate or cancel the affected service or services; or 
3. where you agree to exit the One Touch Switch process.

For example, if the switch date is confirmed for a Tuesday but is delayed until Wednesday, then £6.10 will be payable (being £6.10 for the missed initial switch date). If instead the switch completed a day later, on Thursday, then £12.20 would be payable (being £6.10 for the initial switch date and an additional £6.10 for the one additional complete full calendar day until the switch is completed).

1.3 Credits will not be payable where we have notified you at least 24 hours before your expected switch date of a change or cancellation to your expected switch date. We will endeavour to call you (and leave a message if you do not pick up the call) and follow up with a message to the email address you have registered with us confirming that the switch date has been changed or cancelled.

1.4 If your property is already installed with our network termination equipment, the required equipment for your ordered services (including the broadband router) will be delivered to your home in advance of the agreed switch date. Credit will apply if we fail to deliver the required equipment before the agreed switch date and you notify us that it has not been received. Credit will not apply in this instance if we can demonstrate proof of postage, or provide equivalent evidence that the equipment has been correctly dispatched to the chosen destination. For example, if a courier attempts delivery at a specified time and you are not available to receive collection, credit shall not apply.

2. Compensation for missed installation or service appointment

2.1 Subject to paragraph 2.2 and paragraph 5 (Exceptions), we shall apply a credit to your account if:

1. we’ve confirmed an installation appointment slot with you; and
2. you need this appointment for us to provide you with our Broadband Service; and
3. the engineer fails to arrive during the appointment slot.

2.2 Credits will not be payable where we have notified you at least 24 hours before the beginning of your agreed installation slot that this appointment has been changed or cancelled or if we have agreed with you a change in the appointment time for the same day. We will endeavour to call you (and leave a message if you do not pick up the call) and follow up with a message to the email address you have registered with us confirming that the installation appointment slot has been changed or cancelled.

2.3 Credit shall be in the form of a bill credit for a fixed amount of £30.49 per incident.

3. Payment of Credits

3.1 If a credit is payable, we will apply this to affected customers as outlined in this Scheme. This payment will be in the form of a bill credit applied to your Gigaclear account. If at the time of payment either you or we have cancelled the One Touch Switch order or you are not expected to receive any further bills, the payment will be made directly to your bank account, using the most recent bank details which you’ve provided us in connection with your Gigaclear account.

3.2 Any amount of credit to be applied to your Gigaclear account shall be made in a timely manner and no later than:

1. for a delayed switch (as described in paragraph 1) 30 calendar days after (a) the date on which the switch is completed or (b) either you or we end or cancel the One Touch Switch order, whichever happens earlier;
2. for missed installation or service appointment (as described in section 2) 30 days after the date of the missed appointment.

3.3 The bill credit described above will appear on your Gigaclear account within the time period described in paragraph 3.2 although it may be reflected on your bill at a later date.

3.4 If you or we decide to lawfully terminate or cancel the One Touch Switch order or you decide to exit the One Touch Switch process, then payments are only paid in line with the Scheme up until such termination or exit.

3.5 The value for credits set out in this Scheme apply on a per customer order basis rather than on a per service basis. This means that if you have ordered both our Broadband and Home Phone Service and both services are affected at the same time, you will not receive separate bill credits for each service – we will make one bill credit in respect of both services.

4. Limit on Compensation Payments

4.1 The application of bill credits payable in accordance with paragraph 1 (for delayed switch) may be limited to 30 calendar days beyond a notice (“the Notice”) being sent to you informing you that credit payments will cease.

4.2 We shall not serve the Notice before the date 30 calendar days after credits start. The Notice shall set out:

1. the date, no less than 30 calendar days from the date of the Notice, on which credits will cease (“the Cease Date”);
2. that no Early Termination Charges will be charged if you choose to cancel before the Cease Date;
3. that you can still raise the issue through the complaints’ process and seek additional credit via that route.

4.3 The limit applied to credits payable under this Scheme remains without prejudice to:

1. any right you have to cancel your One Touch Switch order or claim any other compensation; or
2. any right that we have to end supply of our Services to you.

5. Exceptions to apply credits

5.1 We won’t apply compensation credits if:

1. you are at fault for the service issue or prevent the service issue from being resolved (based on evidence known to us), for example, not accepting the first available date for an installation or allowing access to your premises and/or relevant equipment. It also means we won’t apply credits for a delayed switch where the delay is due to your failure to accept the earliest date on which we offer to fix the service issue;
2. you inform us that you wish to exit the One Touch Switch process and wish to proceed with your order outside of the process;
3. you do not inform us of any known restrictions within your control that would limit the ability to complete an installation, including but not limited to: residential parking restrictions where you are required to provide a parking voucher or equivalent, height restrictions for car parks in flats and communal areas that prevent access, restrictions on visitor spaces in shared parking bays that prevent sufficient access where you can vacate a space;
4. it was not reasonably practicable for us to avoid an obligation arising to pay credits due to the effects of an event for which emergency regulations have been made under Part 2 of the Civil Contingencies Act 2004;
5. we could reasonably expect that, if we took the action required in order to avoid an obligation arising to pay credit, we would or would be likely to be in breach of any law or regulation;
6. you have committed an offence under sections 125 or 126 of the Communications Act 2003;
7. you are in breach of the terms under which the affected communications services are supplied; or
8. the fault is not in respect of the service provided or it is caused by equipment or activity within your home.