Fuel Broadband – Residential Standard Terms and Conditions
In this document we refer to ourselves as “Fuel Broadband”, “we” or “us”, meaning
New Call Telecom Limited, a company registered in England and Wales with company
number 07298834 of 5 - 9 Eden Street, Kingston Upon Thames, KT1 1BQ. New Call Telecom
Limited operates under the name “Fuel Broadband”. This document contains terms that
apply to our services for residential customers. There are different terms that
apply to our business customers.
The document is part of an agreement between Fuel Broadband and any purchaser of
our residential services, who we refer to in this document as “you”.
The whole agreement between you and us comprises the following documents:
- your application for Services (this is the request for Services you made by phone,
via our website at
www.fuelbroadband.co.uk , or via one of our Sales Affiliates (as defined
- your order confirmation email or letter sent to you in response to your Application
to the address you specified in your Application (“Confirmation”);
- this document (“Terms”);
- our standard price list, which is available on our website at www.fuelbroadband.co.uk
- our policy governing the use and retention of the information that you provide to
us, which is available on our website at www.fuelbroadband.co.uk (as updated from
- our code of practice, which is available on our website at www.fuelbroadband.co.uk
(as updated from time to time) (“Code of Practice”); and
- any material that we publish or provide to you containing specifications for the
Services that you purchase (“Service Brochures”).
Together, we call this the “Agreement”. If there is any inconsistency between
the documents listed above, the order of precedence shall be:
- Service Brochures; and
- Code of Practice.
Certain parts of the Agreement may be amended without your consent in accordance
with clause 6. By submitting an Application, you agree to be bound by these Terms
and the other parts of the Agreement. Our normal practice is to direct you towards
these Terms as part of your Application and when we send you your Confirmation.
In addition, the Terms are available on our website at www.fuelbroadband.co.uk and upon your request.
By submitting an Application, you are confirming that the registration details which
you provide to Fuel Broadband are true, accurate and complete, and, if we accept
your order, you agree to inform Fuel Broadband of any changes to these details (including
payment details) as soon as reasonably possible. The person identified in the Application
as aged over 18 and requesting the Services (and then confirmed by us in the Confirmation)
is the person who becomes bound by the Agreement.
You can find out more about the application process in our Code of Practice.
If your Application is successful, we will forward your order to BT, who may also
send you a confirmation email or letter.
Please ensure that you read these Terms carefully, and check that the details
on the Confirmation you receive are true, accurate and complete. If the Confirmation
does not match the details you provided and or the Services you requested in the
Application, please contact us to discuss as soon as possible.
Contacting us and providing notice to us
If you have any comments, questions or complaints, please contact our customer service
team by emailing us at
email@example.com or by calling 0800 036 3839 (0800 calls are
free from a fixed line) or 0207 195 6607 (“Customer Service”). If these contact
details change, we will notify you in your next bill.
If you wish to contact us in writing, or if any clause in these Terms requires you
to give us notice in writing (for example, to cancel the contract where we have
already started to provide the Services), you can send this to us by e-mail, by
hand, or by pre-paid post to our registered address stated above. We will confirm
receipt of this by contacting you in writing or by telephone. If we have to contact
you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid
post to the addresses you provided to us in your Application.
Please note that phone calls may be monitored and/or recorded by Fuel Broadband
for training, security and quality assurance purposes and, in respect of Applications
by phone, to confirm your details and Services requested.
All of Part 1 of these Terms applies to you. Only the relevant parts of Part 2 of
these Terms apply to you, depending on the Services that you purchased. Please read
this document carefully as it affects your legal rights.
PLEASE NOTE THAT THESE TERMS CONTAIN A MINIMUM CONTRACT PERIOD. THERE ARE ALSO OTHER
VERY IMPORTANT TERMS HIGHLIGHTED IN BOLD ITALIC TEXT.
PART 1 (Terms applicable to all residential customers)
- 1. The meanings of certain words in these Terms
- 1.1. “Broadband” means high-speed network access to the internet from your UK home
- 1.2. “BT” means British Telecommunications Plc.
- 1.3. “Charges” means the charges for the Services as set out in the Tariff unless
otherwise confirmed in the Confirmation.
- 1.4. “Early Cancellation Fee” has the meaning given in clause 12.3.
- 1.5. “Equipment” includes hardware and materials which are required to give you
access to the Services and are specified in your Confirmation (for Broadband Services,
this will include a broadband modem, a router, and a micro filter).
- 1.6. “Home Phone” means:
- Carrier Pre-Selection (CPS), which is a mechanism that allows you to select, in
advance, Fuel Broadband to carry your calls without having to dial a prefix or install
any special equipment at your premises. By making your Application, you subscribe
to the services of Fuel Broadband and elect for your calls to be carried by Fuel
Broadband. You are then billed for these calls by Fuel Broadband; and
- Wholesale line rental (WLR), which is a product that BT is obliged to provide to
other Communications Providers (such as us). It enables us to offer both line rental
and calls to customers (like you) over BT's local network. Once your calls are carried
by us, you will not have a contractual relationship with BT and you will only receive
a bill from us in relation to those calls.
- 1.7. “Installation” has the meaning given Part 2(D) of these Terms.
- 1.8. “Sales Affiliate” means authorised Fuel Broadband affiliate websites
or field sales representatives.
- 1.9. “Services” means any of our Home Phone or Broadband services that are
set out in the Confirmation (as described more fully in the Service Brochures),
and including the provision of Equipment (if applicable to the Services) and Installation
(where you purchase Installation in accordance with Part 2(D) of these Terms.
- 1.10. “Software” has the meaning given in paragraph 4.2 of Part 2(B) of these
- 1.11. “Tariff” means Fuel Broadband’s publication of its prices for its services
(including the Services) and any other relevant charges applicable to the Services,
the most up to date version of which can be found on our website at www.fuelbroadband.co.uk).
- 2. Providing Services and Equipment to you
- 2.1. We will provide the Services (and, if applicable, any required Equipment associated
with the Services) to you in the UK provided that you all of your obligations and
responsibilities under the Agreement. We will provide the Services using reasonable
skill and care to the standard of a competent telecommunications service provider.
- 2.2. By submitting your Application and using the Services, you agree that you will
only use the Services for residential use and you will not supply, resell or otherwise
make the Services or Equipment available to any person on a commercial or any other
basis (except for normal household use by your family members in accordance with
- 2.3. Unless you are having an Installation, we will deliver the Equipment to the
premises specified in the Confirmation within 30 days of your Confirmation. If you
are having Installation, you may receive additional Equipment from the engineer
who attends your Installation appointment (this could happen after 30 days if you
agree to an appointment after that period). The applicable terms for Installations
can be found in Paragraph C of Part 2 of these Terms.
- 2.4. Certain Installation Services may be required before you can receive the Home
Phone and/or Broadband Services (for example a BT phone line needs to be installed).
There may be circumstances where we can only provide the Services if you also purchase
the required Installation, but we will notify you of any required Installation and
the cost of the required work before asking our engineer to proceed with that work.
If we identify any required Installation and its cost to you, and you do not want
to proceed with the Installation, you or we may cancel the Agreement by providing
the other party with written notice (and in this case you will not need to pay the
Early Cancellation Fee.
- 2.5. We have appointed a third party (which at the date of the Agreement is Openreach,
a BT business which we believe to be a professional and capable service provider)
to provide us with the Installation Services you request. However, owing to the
nature of telecommunications installations, we do not warrant or guarantee that:
the Installation will successfully result in your connection to the Services; your
use of the Services will be uninterrupted or error free; or that Openreach’s activities
in relation to any Installation will take place at a particular time.
- 2.3. The duration of the Agreement
- 3.1. The Agreement shall come into full force and effect from the date of our Confirmation
and shall continue for the initial term specified in the Confirmation (the “Initial
The Agreement is for a fixed minimum term. You can only cancel it in limited circumstances
without paying the Early Cancellation Fee. By submitting your Application, you agreed
that this was part of the deal offered by Fuel Broadband.
- 3.2. The Agreement shall continue after the Initial Term but either party may cancel
the Agreement by giving the other party not less than 30 days written notice to
expire at any time after the last day of the Initial Term. All other contractual
rights to cancel the Agreement are found or referred to in clause 12 of these Terms.
- 3.3. If you decide to cancel the Agreement within the Initial Term, then you may
be required to pay the Early Cancellation Fee (as discussed in clause 12).
- 4. How we invoice you for the Charges
- 4.1. In return for us providing the Services and Equipment, you agree to pay us
- 4.2. We will send you either a written or electronic bill for all due Charges on
a monthly basis unless otherwise specified in your bill. We may decide to change
the format or frequently of your bills, in which case you will be notified in your
- 4.3. All Charges are inclusive of VAT unless otherwise specified in your bill.
- 4.4. Any specified call rates for our Home Phone Services are expressed in pence
per minute unless otherwise specified in your bill. For post paid calls, you will
be charged based at a per minute fee rate. All call rates are rounded up to the
nearest pence per minute before VAT is applied. All Charges are rounded up to the
- 4.5. We calculate the Charges payable by you by reference to the usage data we record.
We do not take into account any data that you have recorded unless we believe there
has been some kind of error in our systems.
- 4.6. Charges for telephone calls you make using the Home Phone Services in any month
will be invoiced in the following month. The Charges for all Services except Home
Phone Services will be payable in advance unless otherwise specified in your bill.
Due to the time it takes to set up the Services, your first invoice may include
Charges for the previous month as well as advance Charges.
- 4.7. If you choose the “e-billing” option (which allows you to access electronic
bills via an internet browser – you can choose this in your Application or at any
later date by providing us with written notice), the following additional provisions
- 4.7.1. The e-billing system works on windows operating systems running at least
Internet Explorer version 5.5. We cannot guarantee that it will work on other systems
or older versions.
- 4.7.2. You will be able to access bills online through our secure website at www.fuelbroadband.co.uk.
You will be able to access that website using the account number and password we
provide to you on your successful registration for our web interface called “myAccount”.
- 4.7.3. E-billing is only available to customers with a current valid email account,
who pay by direct debit. You will stop being eligible for e-billing if you stop
paying by direct debit.
- 4.7.4. You will be advised by email each time a new bill is available for viewing.
You are responsible for ensuring we have your current email address. Each bill will
be available to be accessed via myAccount for 6 months. You may print or download
bills from myAccount for your personal use.
4.7.5. We may charge you a reasonable additional fee (as set out below) that reflects
the work we need to put in if:
- 220.127.116.11. you choose to use paper billing instead of e-billing at any time (£2.25
- 18.104.22.168. your automated payment method does not work for any reason and we have
to send you a paper bill in relation to that payment (£2.25 (including VAT);
- 22.214.171.124. the email address you provided to us does not work for any reason or is
not your current email address (£2.25 (including VAT); or
- 126.96.36.199. you ask us to provide you with a bill or any data that is more than 6 months
- 5. Your obligation to pay
- 5.1. You must pay the Charges by the due date stated in your bill. If we have not
specified a due date in your bill, you must pay the Charges stated in your bill
within 14 days of the date of the bill. If you fail to make a due payment, we may
be able to cancel the Agreement in accordance with clause 5.6.2.
- 5.2. Except where someone has broken the law by using the Services without your
permission (in which case we may at our discretion decide to waive any Charges),
you remain liable for all Charges arising out of any person’s use of the Services.
Accordingly, it is your responsibility to control access to and use of the Services.
- 5.3. Our preferred method of payment is Direct Debit from your bank or building
society, or by automatic payment from your credit card. If you prefer an alternative
means of payment, we may accept this at our discretion. If you pay using any method
other than direct debit or automatic credit card payment, we will charge you an
additional fee of £1.87 (excluding VAT) per month. This is an administrative fee
that represents the cost to us of processing payments other than by direct debit.
- 5.4. If any Direct Debit or other automated payment or any cheque payment fails
due to a lack of sufficient funds in your bank account, we may charge you an additional
fee of £2.92 (excluding VAT). Any returned payment charge is not subject to VAT.
This is an administrative fee that represents the cost to us of resolving payment
issues and contacting you for an alternative method of payment.
- 5.5. If you fail to make payment by the due date, we:
- 5.5.1. may require you to pay all future Charges on account in advance;
- 5.5.2. may remove any discounts to the Charges that we applied at any time (in which
case you would in future simply pay the Tariff rate);
- 5.5.3. may charge you interest on any overdue sums at a rate of 2% above the base
lending rate of the Bank of England from time to time (such interest to accrue from
the due date for payment until settlement of the outstanding sum and the interest);
- 5.5.4. may charge you an additional fee of £2.92 (excluding VAT) for the collection
of overdue sums (this is an administrative fee that we charge to reflect the work
we need to do to chase payment from you);
- 5.5.5. will send you a payment reminder by email, and/or telephone and/or SMS. If
we do not receive payment within 10 calendar days of the reminder, we may charge
you a further additional fee of £7.08 (excluding VAT) (this is an administrative
fee that represents the continued effort we need to make to chase payment from you);
- 5.5.6. will not charge VAT on any late payment charges we make under this clause
- 5.6. If we have not received amounts due to us within 30 days of the due date for
payment, we may:
- 5.6.1. immediately suspend the Services (or, where the payment failure relates to
some of the Services, suspend the affected Services only) by giving you no less
than 3 days written notice; and/or
- 5.6.2. cancel the Agreement by providing you with written notice; and/or
- 5.6.3. appoint a third party debt collector to collect the due Charges from you
and require you to pay that debt collector’s fees.
- 6. Changes we can make to the Agreement
- 6.1. Fuel Broadband’s Services occasionally require modification so that they work
efficiently, effectively and lawfully. We may make changes to:
- 6.1.1. the Terms, the Tariff and the Service Brochures by giving you thirty days
(30) written notice; and
- 6.1.2. any part of the Agreement with less than 30 days notice (including with immediate
effect if necessary) by publishing the change on our website at www.fuelbroadband.co.uk
if required to do so by any law or any decision by our regulator Ofcom (or any regulatory
body that replaces Ofcom) or for any other reason outside of our control.
- 6.2. Where any modification we choose to make pursuant to clause 6.1.1 or 6.1.2
is likely to be of material detriment to you, we will use reasonable endeavours
to give you as much notice as possible. If that modification does or will actually
result in a material detriment to you and you do not want to continue using the
Services, you may cancel the Agreement by providing us with 14 days written notice
without needing to pay the Early Cancellation Fee (if applicable). We interpret
“material detriment” in accordance with the guidance from our regulator, Ofcom.
As such, in the Agreement it would include any increase in our core subscription
charges other than an increase in accordance with clause 6.4 or an increase to reflect
mandatory changes in the VAT or other taxes that apply to the Services.
- 6.3. All modifications of general application will be displayed on our website at
www.fuelbroadband.co.uk and can also be requested by contacting us in writing or
- 6.4. We may increase the Charges at any time following the expiry of the Initial
Term by the percentage increase in the Consumer Price Index since the later of the
date of Confirmation or your most recent price variation.
- 6.5. Unless stated otherwise in the notice we give you of any modification, you
will be deemed to have accepted the modification if you have not cancelled the Agreement
within 30 days of the date of which the modification becomes effective (as stated
in our notice). You will have no cancellation right in respect of the modification
after that period.
- 6.6. In accordance with clause 6.1.1, we reserve the right to change the price of
your Services at any point during the term of the Agreement. However, in those circumstances,
you can cancel in accordance with clause 6.2.
- 7. Your use of the Services and Equipment
- 7.1. You are permitted to use the Services at your home (a single residential household
specified in the Confirmation) for private non-commercial purposes only in accordance
with these Terms and subject to the restrictions in this clause 7.
- 7.2. You may permit individuals within your household to use the Services within
your home, but you shall be liable for all charges and fees arising from any person’s
use of the Services (whether authorised or unauthorised by you).
- 7.3. You undertake not to use the Services:
- 7.3.1. for any business purposes or any for other purpose than your own personal
use and enjoyment;
- 7.3.2. as a means of communication not specifically set out in our Service Brochures;
- 7.3.3. for the transmission or receipt of any material (in any manner) which is
or is intended to be a hoax call to emergency services or is of defamatory, offensive,
abusive, obscene or menacing character;
- 7.3.4. in a manner which constitutes a violation or infringement of the intellectual
property rights, privacy rights or any other rights of any person;
- 7.3.5. in any way that would in Fuel Broadband’s reasonable opinion materially affect
the use of or access to the internet of any other person (including substantial
data transfers during peak times);
- 7.3.6. in any way that does not comply with any licenses applicable to you or is
unlawful, fraudulent or results in a criminal offence being committed; or
- 7.3.7. to transmit any unsolicited commercial or unsolicited bulk emails.
- 7.4. Where we need to install any Equipment at your premises, or where we need to
assess or fix a fault in the Services or Equipment, you agree to allow us (or an
engineer we appoint) to safely enter your premises for that purpose. If the permission
of another person is required, you are responsible for obtaining that permission.
- 7.5. You agree that you will protect and maintain the Equipment so that it is not
damaged beyond fair and reasonable wear and tear. You are responsible for all damage
other than fair wear and tear. If you damage the Equipment, then we may require
you to pay for the reasonable cost of any repair or replacement of that Equipment.
If you lose any Equipment or fail to return it to us in accordance with these Terms,
then we may require you to pay for the reasonable cost of replacing that Equipment.
- 7.6. At the end of the Services, we may require you to return the Equipment. If
we ask you to do this, you must send it back to us within 30 days of our request.
- 7.7. We cannot guarantee that the Equipment will not be faulty. Please contact us
so that faults can be dealt with in accordance with clause 10. You may be required
to return faulty Equipment to us, in which case we will provide you with replacement
Equipment. This does not affect your legal rights in relation to goods that are
not of sufficient quality, not fit for purpose or do not meet the agreed description.
- 7.8. If the Equipment requires batteries, you are responsible to replace those batteries
- 7.9. Unless otherwise agreed with Fuel Broadband, risk of loss and/or damage to
any Equipment shall pass on delivery to you but title to any such Equipment shall
always remain with Fuel Broadband (i.e. we own it). If necessary, you agree that
we (or our contractors or agents) can enter the premises where the Equipment is
located to recover the Equipment if you refuse to return it to us.
- 7.10. The ownership rights relating to the Services including all patents, trademarks,
design rights, copyright and rights of like nature in any material supplied or made
accessible to you by us under the Agreement shall remain our property. You are not
allowed to use our names, trademarks, trade names or other proprietary identifying
mark or symbols without our prior written consent.
- 8. What information you need to provide to us and what we will do with it
- 8.1. If we have not already collected the information required to allow us to provide
the Services, you will (at our request) provide any information that we reasonable
request for that purpose.
- 8.2. You promise that any information you provide to us as part of the Application
or at any subsequent time is true, complete and accurate to the best of your knowledge.
- 8.3. If you become aware that any of your information that we hold is or becomes
inaccurate or otherwise out of date, you will provide us with new accurate and up
to date information as soon as reasonably possible.
- 8.4. We are not responsible for any Service failure or delay that is caused wholly
by you failing to provide us with sufficient or accurate information.
- 8.5. Where you provide us with information, or we collect information, which is
“personal data” as defined in the Data Protection Act 1998, you agree that we can:
- 8.5.1. process that information for the purposes of administering our relationship
with you (this might include transferring that data to our affiliates in countries
outside of the EEA, but we only do this where those countries offer equivalent protection
for personal data as exists in the EEA);
- 8.5.2. use that information to contact you, whether by telephone or email or other
means of communication, with details of our promotions, products and services which
we think you might be interested in;
- 8.5.3. use that information to obtain a credit scoring for you or otherwise carry
out a credit check when considering your Application, managing your account or making
credit decisions about you (this may include searching the files of credit reference
agencies relating to you, and keeping a record of those searches);
- 8.5.4. disclose information about your unpaid debts to credit reference agencies
where the following requirements are met: you have fallen behind with your payments;
you do not dispute the amount you owe us; you have not made any proposals to us
for the repayment of your debt following a formal demand; and we have given you
at least twenty-eight (28) days’ notice of our intention to make such a disclosure;
- 8.5.5. process any user’s personal data for the prevention or detection of fraud
or other crimes affecting your Services, and to deal with your enquiries about such
- 8.5.6. share information with you (and any joint account holder) about other users’
use of the Services;
- 8.5.7. share such information with any person to whom we transfer our rights or
obligations under the Agreement;
- 8.5.8. share that information with third parties that provide us with services or
goods (for example, we may use specialist consultants to conduct market research
on our behalf to identify improvements we could make to our Services);
- 8.5.9. monitor and/or record your phone calls with Fuel Broadband (and retain those
recordings): to help identify your requirements, to improve Fuel Broadband’s services,
to help fix faults and resolve complaints, to maintain security, to assist emergency
services (where you call 999 or 112), and as required by law; and
- 8.5.10. provide the emergency services with details of the location of your terminal
- 8.6. By entering into the Agreement, you expressly agree to the use of personal
data for the purposes described in this clause 8. If the subject of the personal
data we collect is not you (i.e. someone other than you that uses the Services with
your permission), then it is your responsibility to ensure that that person gives
consent to allow us to process their personal data in accordance with this clause
- 8.7. Where you use our Home Phone Service, you agree that we may use your assigned
telephone number in any directory of phone numbers and pass that directory to any
third party. Let us know if you do not want this to happen and we can remove you
from any future directories.
- 8.8. By using the Services, you are acknowledging that Fuel Broadband may be required
by applicable law (including the Data Retention and Investigatory Powers Act 2014)
to retain certain communications data concerning your use of the Services (including
meta data that allows someone to identify when and where the Services were used
and which people were involved in its use) for up to a maximum of 12 months. In
addition, Fuel Broadband will retain such records as are necessary or requested
by Ofcom (or any other body that regulates us) to allow audit of our charging practices
for up to 15 months. If there is a change in the law relating to data retention,
we may need to change the Agreement accordingly. Despite what clause 6 states, any
such change will not allow you to cancel the Agreement.
- 8.9. Fuel Broadband may from time to time contact you to advise you of promotions.
Such promotions may make available to you discounted rates and/or preferential terms
and/or special offers applicable to the Services. Any such promotion will be available
subject to further terms and conditions (which will be notified to you). Fuel Broadband
may offer any promotion selectively and at its complete discretion. In addition,
Fuel Broadband may withdraw or alter any promotion if it wishes at any time (we
will try to give reasonable notice of any such withdrawal). A promotion will only
change the Agreement if we and you agree to it.
- 9. Liability
- 9.1. We accept full responsibility for:
- 9.1.1. your death or injury where it results from our negligence or the negligence
of our employees (while acting in the course of their employment), agents or subcontractors;
- 9.1.2. any death or personal injury and any loss of or damage to any property (including
y any Equipment that is defective (within the meaning of Part I of the Consumer
Protection Act 1987);
- 9.1.3. any breach of the terms implied by section 2 (title and quiet possession),
or sections 3, 4 and 5 (description, satisfactory quality, fitness for purpose and
samples) of the Supply of Goods and Services Act 1982; and
- 9.1.4. any fraud or fraudulent misrepresentation.
- 9.2. We do not accept any liability under or in connection with the Agreement:
- 9.2.1. for any losses you incur as a result of corruption, destruction or loss of
data or any business use of the Services or Equipment;
- 9.2.2. for any loss that was not a reasonably foreseeable consequence of a breach
of the Agreement or a duty of care we owe to you;
- 9.2.3. if we have not breached the Agreement or our legal duty of care to you;
- 9.2.4. for any contractual liability or charges you incur with third parties by
using the Services or Equipment to enter into transactions (unless we caused you
to do so);
- 9.2.5. for any losses you incur wholly as a result of not following our reasonable
instructions, breaching the Agreement, or your own negligence in using the Services
- 9.2.6. for any charges incurred by you with other communications providers in the
event that you divert your telephone calls to another carrier for any reason;
- 9.2.7. for any loss, damage or inconvenience suffered by you as a result of any
suspension made by us in accordance with the Agreement, except where we have to
suspend the Services due to our negligence or that of our employees, agents or subcontractors;
- 9.2.8. to the fullest extent permitted by law, for any loss of data, revenue, profits
or lost business or any indirect, incidental, consequential, special damages or
losses which you may incur as a result of anything we have done or not done, or
otherwise in connection with the Services or your use of any of them, or anything
we have done or not done or delayed in doing in relation to them, regardless of
the type of claim or the nature of the cause of action, and even if we have been
advised of the possibility of damage or loss.
- 9.3. We do not accept liability for damage or loss of your real or personal property
unless that damage or loss was caused by: (a) the negligence of us or our agents,
employees or subcontractors; or (b) by a defect in the Equipment. In the case of
(a), we accept liability for damage or loss of your property up to a maximum of
£50,000. In the case of (b), we do not limit our liability.
- 9.4. For all losses other than those arising from loss or damage to property or
the things referred to in clause 9.1, our total liabilities arising under or in
connection with the Agreement (however they arise, including circumstances where
we or our agents, subcontractors or employees have been negligent) shall not exceed
£1,000 for any one incident or £5,000 for any series of incidents arising from a
common cause, in each consecutive twelve month period of the Agreement.
- 9.5. The provisions of this clause 9 shall continue to apply after cancellation
of the Agreement.
- Matters outside of our control
- 9.6. In certain circumstances, we may not be able meet our obligations under the
Agreement as a result of events outside our reasonable control. In those circumstances
we will not be liable to you for failing to meet our obligations. The following
circumstances are outside of our reasonable control: acts of God, lightning, flood,
fires or other natural catastrophes or severe weather, explosions, vandalism, strikes,
labour disputes, cable cuts, power outages, acts of any governmental body or other
competent authority; national emergencies; insurrections; riots; wars; terrorism
or any act or omission of any third party (except where the actions of that third
party are within our reasonable control, for example where we have engaged them
in relation to the Services). This list provides some examples; there may be other
circumstances to which this clause applies.
- 10. Availability and reliability of the Services
- 10.1. All of our Services are subject to availability and may be withdrawn by Fuel
Broadband at any time. In this circumstance, we can cancel any part of the Agreement
by providing you with 30 days notice and you will not need to pay the Early Cancellation
- 10.2. We will use reasonable endeavours to connect you to the Services within 30
days of your Confirmation. If the use of the Services is dependent on Installation
or you accept an appointment for Installation after that 30 day period, then you
might not be able to use the Services until after your Installation appointment.
- 10.3. Fuel Broadband will use reasonable endeavours to ensure that the Services
are available for use by you in accordance with the Agreement and the Service Brochures.
However, we do not guarantee that the Services will be available all of the time.
- 10.4. We may need to interrupt the Services to make necessary changes to our infrastructure
or to fix any faults with our equipment, or as a result of a security or integrity
incidents, vulnerabilities or threats that we identify. If this happens, we will
give you reasonable notice (which may mean no notice depending on the circumstances)
and do our best to re-start the Services as soon as possible.
- 10.5. If you are experiencing problems with the Services, there may be a fault that
we need to investigate. You must notify us of any faults you identify as soon as
possible. We will use reasonable endeavours to correct any faults as soon as possible.
- 10.6. You can tell us about any faults by calling us on 0800 036 3839 or 0207 195 6607 and speaking to a member of our customer service team. Our business hours for this purpose, unless otherwise notified to you, are 09:00 to 18:00 7 days a week. We ask that you provide us with the following information to assist us in fixing the fault:
- Account Name and Number
- Originating Phone Number
- Terminating Number
- Terminating Destination
- Time and Date of when exact fault occurred
- Reported Problem
- Contact Details (Contact Name & Number)
- 10.7. You can purchase different levels of support with varying response time (time
begins to run when you notify us of the fault in accordance with clause 10.6). The
response times are not guaranteed, but we will use commercially reasonable efforts
to respond to fix your fault or provide you with a detailed update as follows:
Your choice of Care Level was confirmed in your Confirmation. Care Level 1 is offered
as standard without charge. You must pay the fee set out in the Tariff (unless otherwise
stated in your Confirmation) to receive Care Level 2 or Care Level 3.
- Care Level 1: 24 hour response
- Care Level 2: 4 hour response (within business hours), next working day response
(outside business hours)
- Care Level 3: 4 hour response
- 10.8. If, having spoken to you about your fault in accordance with clause 10.6,
we determine that your Equipment is (or is likely to be) faulty, we may ask you
to return it to us so that we can examine it further. You may determine that the
Equipment is faulty, but please ask our Customer Services representatives for assistance
before you send it back to us. If you or we decide that your Equipment is faulty,
we will send you replacement Equipment within 30 days.
- 10.9. We may need to send an engineer to inspect your line (by this we mean the
part of your line that is owned or managed by BT). If our engineer finds a fault
in your line, we will ask the engineer to fix it without cost to you. If the engineer
finds a fault in your internal wiring or equipment other than the Equipment, you
may need to purchase further Installation Services. Please contact our Customer
Services team to discuss any additional Installation that the engineer recommends.
The cost of the additional Installation will be discussed with you before any work
is done. If you agree to the additional Installation and the fee proposed by the
engineer, we will require you to pay for the Installation in advance.
- 10.10. Where we suspend the Services in a manner permitted by the Agreement, that
suspension is not a “fault” for the purpose of this clause 10.
- 10.11. If you ask us to fix a fault that was caused by:
- 10.11.1. your (or your permitted users’) negligence or breach of the Agreement;
- 10.11.2. the failure or malfunction of your own equipment, we will charge you for
our reasonable costs (and those of our engineer) in doing so.
- 11. Complaints and Disputes
- 11.1. Should you have any dispute with Fuel Broadband in connection with the Agreement,
you must either: (a) give us notice in writing setting out in reasonable detail
what it is that you dispute; or (b) call our customer service team and provide them
with the same details over the phone.
- 11.2. We agree to use reasonable endeavours to resolve any disputes with you fairly
and promptly. We ask that you cooperate with us and act reasonably to try to resolve
the dispute, but you may decide to use alternative dispute resolution or refer your
dispute to our regulator (which is Ofcom at the moment). You can find further details
of our dispute resolution procedure in our Code of Practice available on our website
- 11.3. If you do not raise a dispute about payment within 30 days of receiving the
bill containing the disputed payment, we will assume that you accept the bill and
may chase for payment in accordance with clause 5. You can still raise a dispute
after that date, but you will need to pay any charges referred to in clause 5 if
we have already taken steps to collect your payment.
- 11.4. You agree that raising a dispute about payment does not mean you do not need
to make that payment by the due date. However, we agree that we will not suspend
the Services charge you interest on late payment, or appoint a third party to collect
the disputed payment whilst we investigate your dispute.
- 12. Cancelling the Agreement
- Your cancellation rights
- 12.1. Cooling off period. You may cancel any or all of the Services without
giving any reason at any time within 14 days of the date of your Confirmation (the
“cooling off period”) (unless we decide to offer you a longer cooling off period
in which to cancel).
If you wish to cancel the Agreement during this cooling off period, please inform
us by setting out your decision in a clear statement addressed to us. We will confirm
receipt of your statement by sending you a confirmatory email. We can direct you
towards a legal form of cancellation notice if you request this.
- If we have already provided any Equipment to you, then you must either:
- return all that Equipment to us within 14 days of your cancellation notice; or
- pay an equipment replacement fee of £30.
- If you do return the Equipment to us, you will be responsible for the reasonable
cost of replacing or repairing any damaged Equipment in accordance with clause 7.5.
You will also need to meet the cost of returning the Equipment unless we agree otherwise.
- If you received any Services before cancellation, we will charge you for those Services.
This may include (as applicable):
- Tariff rate for Home Phone telephone calls you made;
- a reasonable proportion of your monthly Broadband fee if you used the Services to
access the internet;
- £30 for the cancellation of any scheduled Installation appointment less than 2 working
days after your cancellation notice; and/or
- if you only cancel part of the Services, the full fee for Services that you continue
to use that were discounted on the basis of your original Application as an incentive.
- We will refund any payments you made for Services not used and for undamaged Equipment
that you return:
- within 14 days of your cancellation notice if you have not received any Equipment;
- within 14 days of the date we receive you returned Equipment (or the date you provide
evidence of posting the Equipment to us).
- We will not refund:
- any fees paid for Installations carried out before your cancellation notice; or
- any one-off connection fees.
We may deduct from your refund a reasonable sum for the repair or replacement of
Equipment that you return damaged or fail to return. To calculate this, we will
look at the amount by which the Equipment’s value has diminished as a result of
handling by you beyond what is necessary to establish the nature, characteristic
and functioning of the Equipment.
- 12.2. During the Initial Term, you can cancel the Agreement in accordance with clause
6.2, depending on the circumstances. If you use these cancellation rights, you will
not need to pay the Early Cancellation Fee.
- 12.3. You can cancel the Agreement at any time if we commit a material breach of
the Agreement and we do not remedy it within 30 days.
- 12.4. If you choose to cancel the Agreement prior to the end of the Initial Term
other than using your rights in clauses 12.1, 12.2 or 12.3, you agree to pay us
£5.00 for each of the Services for each of the remaining months (whether
whole or partial calendar months) of the Initial Term. We call this the “Early Cancellation
Fee”. You acknowledge that this is considerably less than the total amount of fees
we would have charged in the Initial Term had the Agreement continued.
- Our rights to cancel
- 12.5. We can cancel the Agreement:
- 12.5.1. with immediate effect by providing you with written notice in the event
that you: (a) break a term of the Agreement and you do not remedy that breach after
we have given you a reasonable opportunity to put things right; or (b) become bankrupt;
- 12.5.2. by providing you with as much notice as possible if we are no longer permitted
to lawfully provide the Services or we need to comply with an order, instruction
or request of a government body, emergency service organisation, regulator or other
competent authority that does not allow us to continue the Services.
- 12.6. We can suspend some or all of the Services, and/or cancel all or part of the
Agreement by notice in writing to you:
- 12.6.1. in accordance with clause 5.6.2;
- 12.6.2. if we reasonably suspect that you are using the Services for business purposes
(as a result of our analysis of your usage patterns);
- 12.6.3. your use exceeds the restrictions in clause 7.3; or
- 12.6.4. we reasonably suspect that your use of the Services breaks the law.
12.7. On cancellation for any reason, we may pass on to you any reasonable charges we need to pay to disconnect your Services.
12.8. If we cancel the Agreement under clauses 12.5.1(a) or for any of the reasons in clause 12.6 before the end of the Initial Term, you will need to pay the Early Cancellation Fee.
What happens on cancellation?
- 12.9. On cancellation for any reason other than pursuant to clause 5.6.2 (failure to pay our fees), we will refund any payments you made for Services not used or for Equipment that you return (less a reasonable deduction for any damage to or loss of Equipment).
- 12.10. On cancellation for any reason you must immediately stop using the Services, pay any outstanding fees you owe us and (at our request) return the Equipment to us.
- 12.11. If you were receiving a discount from our Tariff because you purchased more than one of the Services, and you only cancel one of those Services, the discount will stop applying.
- 13. Access to Emergency Services
- 13.1. If you purchase our Home Phone Services, some phone calls will not be carried by us. For example, calls to emergency services, reverse charge calls, operator assistance and flat-rate internet dial-up numbers. These calls do not go via our network, but should be automatically routed via BT’s network. As our network does not carry these calls, we are not responsible if you cannot make these calls for any reason (unless you cannot do so because of our negligence).
- 13.2. You will not be able to access emergency service numbers (999 or 112) in the following circumstances:
- 13.2.1. before you are successfully connected to the Services;
- 13.2.2. where we suspend the Services;
- 13.2.3. where you or we cancel the Agreement; or
- 13.2.4. in the event that the Services are unavailable for the reasons specified in clause 10 or as a result of an event outside our reasonable control,
so you must make other arrangements.
- 14. Moving home
- 14.1. If you are going to move home to another UK address, please contact us (if possible, at least 14 days before your move) so that we can check whether we can offer the Services at your new home. We do not guarantee that we can transfer your Broadband account over to new premises, and we will let you know within 14 days of your request whether it is possible. In addition, you may not be able to keep your existing phone number. Where possible we will offer you the same Services at your new premises. If the Services are not available, we may offer you alternative services, but we and you will need to agree in writing any changes to the Agreement.
- 14.2. You do not have a specific right to cancel the Agreement on moving house. If you want to end the Agreement for any reason, you will need to use one of your cancellation rights set out in clause 12. Alternatively, if we cannot offer you the services that are the same or equivalent to the Services, we may choose to use one of our cancellation rights.
- 14.3. If we agree to provide Services to your new premises, we may charge you our reasonable costs incurred in transferring the Services. For example, you may need to pay for additional engineering works (i.e. further “Installation”) at the new premises (such as the installation of a new BT line).
- 14.4. For clarity, you will need to comply with all the requirements of the Agreement in respect of your new home as if the new home were specified in your Application.
- 15. Transferring the Agreement
- 15.1. You can only transfer any of your rights or obligations under the Agreement with our prior written consent. We will not unreasonably withhold our consent to such a transfer.
- 15.2. To allow us the business flexibility we require to properly provide the Services, we can transfer any part of the Agreement to any third party in any manner we see fit. In these circumstances, we will give you as much notice as possible (bearing in mind the need to keep our business activities confidential) and take reasonable measures to avoid any significant adverse effect on the Services or your rights under this Agreement.
- 16. Other important legal points
- 16.1. No person who is not a party to the Agreement can sue you or us under it pursuant to the Contracts (Rights of Third Parties) Act 1999.
- 16.2. Any failure to exercise or delay in exercising any right under the Agreement does not mean that you or we have waived that right. If either of us do waive any right under the Agreement in one scenario, that does not mean that you or we cannot exercise that same right in another scenario.
- 16.3. Any waiver of any right under the Agreement will only be effective if it is signed by the one of us who is waiving that right.
- 16.4. The Agreement represents the entire agreement and understanding of the parties with respect to its subject matter and supersedes all prior agreements, promises, covenants, arrangements, communications, undertakings, representations, or warranties, whether written or oral.
- 16.5. Any changes to the Agreement, other than those referred to in clause 6, will only be effective if they are signed by both you and us.
- 16.6. The headings in the Agreement are inserted for convenience of reference only and shall not constitute a part of or control or affect in any way the meaning or interpretation of any related provisions.
- 16.7. If any provision of the Agreement is held by a court or governmental agency or authority to be invalid, void or unenforceable, then such provision shall not affect the other provisions or clauses of the Agreement, which shall continue in full force and effect.
- 16.8. All Clauses in the Agreement which are either expressed to survive or which are by implication intended to survive cancellation or expiry of the Agreement will continue in full force after cancellation or expiry of the Agreement.
- 16.9. Where your Confirmation identifies more than one account holder, all those account holders shall be liable together and separately for all your liabilities under the Agreement.
- 17. The laws and courts applicable to the Agreement
- The Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the English courts. Alternatively, if your home is in Wales, Northern Ireland or Scotland, you or we can bring proceedings in the territory where you live.
- PART 2 (Service specific terms only applicable if you purchase the service)
- A. Home Phone
- 1. We will provide the Home Phone Services that are specified in your Confirmation.
- 2. You must have an existing BT telephone line to receive the Home Phone Service. You accept that by receiving the Home Phone Service, certain BT phone services may no longer be available to you. If you require an Installation, the Home Phone Services will not commence until the Installation has taken place successfully.
- 3. Your fee for line rental covers your monthly Home Phone subscription fee and your monthly call package subscription fee.
- 4. To activate the Home Phone Services you must transfer all your associated network services (including line rental, if applicable, and telephone calls and your existing phone number (if you want to continue using it)).
- 5. All non-geographic, premium and internet calls will be charged at our Tariff rates which can be obtained by calling Customer Services on 0800 036 3839 or on our website at www.fuelbroadband.co.uk.
- 6. During the first three (3) months of Initial Term, calls to international destinations and premium rate numbers will be blocked. However, we will ensure that you can call international destinations and premium rate numbers during the first three months of the Initial Term if you do one of the following:
6.1. make a prepayment of £120;
6.2. make a prepayment of £50 and send us, by email or post, a copy of a recent utility bill; or
6.3. settle in full the first two bills we send you and send us, by email or post, a copy of a recent utility bill.
Any prepayment you make in accordance with this paragraph 6 shall be applied as a credit against your bills.
7. You acknowledge that you do not own your allocated telephone number. As such, you cannot transfer it to anybody else and you accept that we can change it (we would only do this if required by law and following consultation with you where possible).
- 1. The Services
- 1.1. We will provide the Broadband Services that are specified in your Confirmation.
- 1.2. To receive the Broadband Services you need to have a BT, BT WLR or a Fuel Broadband phone line.
- 1.3. We will connect you to one of the following (as specified in your Confirmation):
- 1.3.1. Local Loop Unbundled (LLU) Full Metallic Path Facility;
- 1.3.2. LLU Share Metallic Path Facility;
- 1.3.3. Asymmetric Digital Subscriber Line; or
- 1.3.4. Fibre-to-the-cabinet line.
- 1.4. Your broadband bandwidth will be specified in your Confirmation. These bandwidths are indicative only and represent the upper limit of the speeds that your Broadband Service will achieve. Whilst we try to ensure your Broadband Service achieves a reasonable speed, we do not guarantee any particular speed and you accept that the use of other internet users on the relevant network may affect your Broadband speed.
- 1.5. In order to receive the Broadband Services, your telephone line must support one of the connection options in paragraph 1.2. After we receive your Application, we will assess your telephone line and confirm (in our Confirmation) which connections it supports.
- 1.6. In the Confirmation, we will specify a proposed commencement date for the Broadband Services and use reasonable endeavours to activate the Broadband Services by that date. If you require an Installation, the Broadband Services will not commence until the Installation has taken place successfully.
- 1.7. We will provide you with the Equipment specified in the Confirmation.
- 1.8. You can choose from a selection of additional Services (including email accounts, Internet Protocol (“IP”) addresses and additional equipment). We will let you know what is available prior to, during or after your Application and then we will confirm your choices in your Confirmation.
- 1.9. You will be sent a welcome pack confirming your registration details and the applicable user names and passwords required to enable you to access your Broadband Services.
- 1.10. You need a broadband router and a PC or other means of accessing the internet. The specific technical requirements are set out in your welcome pack and at www.fuelbroadband.co.uk.
- 1.11. Except where you purchase an Installation, it is your responsibility to install the Equipment we provide in accordance with our instructions (which we will provide in your welcome pack). You will need to do this to be able to access the Broadband Services. You will need to follow our instructions in respect of your own equipment too, but we will not assist with your installation of your own equipment unless you purchase Installation Services.
- 2. Keeping things secure
- 2.1. New Call will issue you with a set of user names and passwords. These login details are essential for your use of the Broadband Service, so you must ensure they are kept confidential and secure.
- 2.2. You can only use the Broadband Services in accordance with these Terms (see clause 7 in particular) and our reasonable instructions from time to time.
- 2.3. To ensure the Broadband Service remains secure, you may not change or attempt to change a username yourself.
2.4. If New Call considers that there is likely to be or has been a breach of security or misuse of the Broadband Service, then New Call may immediately:
- 2.4.1. change your password and notify you that it has been changed; and/or
- 2.4.2. block access to the Broadband Services in relation to your username until the breach or misuse has stopped.
2.5. If you consider that any user name or password has become known by someone not authorised to use it, or if any password is being or is likely to be used in any unauthorised way, you must inform New Call immediately.
- 3. Your use of the Internet
- 3.1. The Broadband Service will allow you to access the Internet, and you acknowledge and agree that:
- 3.1.1. the internet is separate from the Broadband Service and use of the internet is at your own risk and expense and subject to any applicable laws; and
- 3.1.2. New Call has no responsibility for any goods, services, information, software or anything else that you obtain when using the internet (including email); and
- 3.1.3. you are responsible for ensuring any PC or other hardware used to receive the Services is adequately protected against computer viruses.
- 4. Your use of Equipment
- 4.1. To ensure that the Broadband Service remains safe and secure, any equipment you connects to or use with the Broadband Service must bear the European Equipment Standards “CE” Mark. You agree that you will not use any equipment that may harm the network or the equipment of any other users of the network.
- 4.2. You may receive certain software that is embedded in the Equipment provided to you (“Software”). You must not copy, decompile or modify this Software unless otherwise allowed by law and you are not allowed to sell or transfer the Software (or your rights to use it) or sub-license the use of the Software. In addition, we may provide you with (or notify you of) end-user terms that apply to the Software. You agree to only use the Software as permitted by the applicable end-user terms.
- 4.3. You must not circumvent, or try to circumvent, any security measures we put in place relating to your use of the Broadband Service.
- C. Installation
These additional terms apply to you if we have confirmed in the Confirmation that you will receive our engineer assisted installation service (“Installation”). For the purpose of this Agreement, Installation is one of the “Services”.
As part of Installation we will provide you with a suitably qualified engineer who will attend your premises within a time period agreed between us and install certain Equipment to allow you to use the other Services.
After you receive your Confirmation, you will need to call us by calling us on 0800 036 0094 (freephone) during the hours of 9am to 5pm, Monday to Friday to make an appointment for Installation. If you wish to make an appointment outside of these hours, you may choose to either leave a voicemail message or email your request using the address given in the out of hours announcement message.
When arranging an appointment for the Service you will need to state specifically:
- the number of Devices (as defined below) for which you require Installation;
- the type of each Devices; and
- whether you require each of your Devices to be connected via a wired or a wireless connection.
You may cancel the appointment at any time up to 1.00pm 2 working days prior to the appointment time agreed for the New Call engineer to visit you. For example, if your appointment is on a Monday, by 1.00pm on the Thursday immediately prior to your appointment.
If you wish to cancel or re-schedule at a time closer to your appointment or you fail to attend an appointment without telling us, we may charge you a fee of £59, which represents the wasted time the engineer spent attending or preparing for the appointment and our efforts in rescheduling it.
We reserve the right to cancel your Installation appointment at any time before your appointment. We will try to give you as much notice as possible and offer you another appointment as soon as possible.
Installation applies to a number of your devices, which you can choose in your Application (subject to availability with the Services options you purchase). When referring to “Devices” below, we mean any devices that you specify when you make your Installation appointment and that meet the requirement below.
What does Installation Involve?
Once our engineer has entered your property, Installation includes:
the provision and fitting of micro-filters (as required);
- setting up connections to the Internet on the Devices; and
- at your choice, connection of Devices using either wired or wireless connectivity (depending on compatibility of the Devices).
We will not be responsible to you for:
- the provision, repair or replacement of any equipment other than the Equipment unless we negligently damage it;
- any failure to complete the Installation which is caused wholly by you not following our reasonable advice, recommendations or instructions or not complying with your obligations; or
- any loss of data on your Devices or any other devices at your premises.
We cannot guarantee that the engineer will arrive at your premises at any specific time, but we do our best to keep to the specified period. If an engineer is delayed, he or she will try to contact you a reasonable time in advance to let you know of any expected delay. Where necessary, we may need to reschedule your appointment. If we have to do this, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments.
We are not trying to exclude our liability in ways that are unlawful. Please see clause 9 of these Terms.
- Device requirements
Each Device must be one of the following types:
- a PC (meeting the minimum requirements below)
- a Mac (meeting the minimum requirements below)
- a Sony Playstation 3™
- a Sony Playstation Portable™ (PSP)™
- a Microsoft XBox™
- a Microsoft XBox 360™
- a Nintendo Wii™
- You must have a fully working and licensed personal computer meeting the following minimum requirements:
- PC : Windows 2000™ Service Pack 2, Windows XP™, Windows Vista™ or Windows 7™;
- MAC : OSX™ Operating System or later;
- Processor speed of 233MHz or above;
- 256MB RAM;
- 200MB available hard drive space;
- an available USB, Ethernet port or AirPort™card (as applicable); and
- a modem or wireless router supplied by New Call.
The following additional system requirements apply for wireless networking:
- All computers to be networked must have a minimum of 10MB of hard disk space free and 32 MB of RAM;
- Password(s) and/or PIN(s) for all Devices must be available at the time of the appointment for Installation;
- All Devices to be networked must be installed and operational prior to the time of Installation.
- All Devices must be in range of the relevant equipment supporting your wireless network.
We are unable to provide the Service in relation to the following:
- File server operating systems;
- Domain and active directory based networks;
- Virtual private network (VPN) and wide area networks;
- Multi-subnet networks;
- Complex firewall configurations;
- Any business related purpose.
- Your Responsibilities
It is your entire responsibility to protect your Devices and to back-up all data, software, information and other files that are stored on any and all Device disks and drives you may have.
You must have valid software licenses for your operating system and all applications on your Devices. You must supply details of the relevant license keys if we ask you for them.
A person of at least 18 years of age must be present the entire time that our engineer is conducting the Installation. If our engineer attends your Installation appointment and no adult is present, the engineer will not proceed with the Installation and you will be charged a rescheduling fee of £30.
You must provide our engineer with full access to the Devices and such access as is necessary to your premises.
By making your appointment, you agree to allow the engineer safe access to your premises for the purpose of the Installation and agree to co-operate fully with and provide to the engineer a safe working environment, working space, electrical power and clear unobstructed access to the relevant telephone master socket.
If our engineer reasonably thinks that you have not provided a safe environment for him to work, or for any other reason you have not met your responsibilities for the Installation, the engineer will not proceed with the Installation and you will be charged a rescheduling fee of £30.
Where you experience problems with Installation, we will do our best to help, but we will not provide any additional support beyond what we have promised to do in clause 10 of the Terms. For the avoidance of doubt, we do not support Sony Playstation 3™, Sony Playstation Portable™ (PSP)™, Microsoft XBox 360™, Nintendo Wii™, or Microsoft XBox™.