Beneficiary Terms and Conditions
These terms and conditions (including the Schedules) apply to indoor mobile booster vouchers offered to beneficiaries under the Mobile Boost Scheme (the “MB Scheme“). In these terms “Authority”, “we” and “us” refers to Somerset Council who manage the MB Scheme on behalf of Connecting Devon and Somerset (CDS) and “you” and “beneficiary” refers to the relevant SME beneficiary or residential beneficiary (where applicable).
This version of these terms and conditions is effective from the date specified on the top of the page of these terms and conditions. You are bound by the version of these terms and conditions that are in force on the date that you apply for the voucher.
1. About the voucher
- In order to qualify for the voucher:
- you must complete the voucher application form, which can be accessed at: https://www.connectingdevonandsomerset.co.uk/application-form-5898/;
- you must self-certify during the application process, that you:
- cannot currently make or receive indoor calls reliably at your main office/residence, using your mobile with your current named mobile network operator (MNO) and that you wish to apply for a voucher towards the cost of a mobile signal booster/repeater from a registered MB Scheme supplier;
- comply with all eligibility requirements of the MB Scheme applicable to you as a residential beneficiary applicant or SME beneficiary applicant, as set out in these terms and conditions including without limitation in Schedule 1 (Beneficiary Eligibility) of these terms and conditions;
- agree to be bound by these terms and conditions; and
- your premises (for which you are seeking to use the voucher) must also:
- lie within Plymouth City Council, Torbay Council, Devon County Council or Somerset Council areas;
- be the primary registered premises of your SME business or, in the case of residential beneficiaries, be your main residence and
- have (i) poor indoor mobile coverage and (ii) adequate outdoor mobile coverage (as determined by your registered MB Scheme supplier).
- You will be required to pay a contribution to the cost of the Technology Package to supplement the voucher, as described in clauses 2.5 and 2.6 below. This will cover all costs charged by the MB Scheme supplier in excess of the voucher value (unless the voucher payment is less than the voucher value, in which case your contribution must cover all costs charged by the MB Scheme supplier in excess of the voucher payment amount). You must discuss upfront with your MB Scheme supplier the expected total cost that you will need to pay to the MB Scheme supplier.
- We will review your application and if you qualify for a voucher you will receive an email to show that you have been awarded the voucher.
- It will then be your responsibility to contact a supplier from the list of registered MB Scheme suppliers at https://www.connectingdevonandsomerset.co.uk/better-connection/mobile-boost-voucher-scheme/registered-suppliers/in order to arrange for purchase and installation of a mobile signal booster product under the MB Scheme, the options for which are set out in clause 2.6 (a “Technology Package“). A voucher will not cover the costs of a supplier that is not registered under the MB Scheme, or a product which is not authorised under the MB Scheme.
- We reserve the right to:
- stop issuing vouchers at any time;
- limit the number of voucher beneficiaries;
- withdraw the voucher:
- if it is not utilised within 3 months after the issue of the voucher/voucher code; and/or
- if your MB Scheme supplier will not (or it is unlikely that that they will) be able to complete their installation of your chosen Technology Package and submit their claim for payment for the voucher at least 40 working days before the MB Scheme end date, being 31 December 2024 (unless otherwise confirmed by us as an earlier or later date); and/or
- if funding is no longer available under the MB Scheme or the Supplier is not (or no longer) entitled to the funding (or any part) from your voucher under the MB Scheme or the MB Scheme has ended (as no payment of vouchers could be made to the MB Scheme supplier); and/or
- we have any concerns as to the financial or solvency position of a beneficiary and/or their involvement in the MB Scheme as a beneficiary (for any reason); and/or
- you are in breach of these terms and conditions or any applicable laws,
in which case we accept no liability for any costs of products which are delivered after such date and you would be responsible for all payment obligations to the supplier. If you have already received the benefit of the voucher the Authority reserves the right to request that the beneficiary refunds the grant amount.
- The voucher is only eligible for the main/primary registered premises of a SME beneficiary or, in the case of residential beneficiaries, your primary residence. This will be the premises where the booster/router will be installed and neither the voucher nor products are transferable to other beneficiaries or premises.
- You should be aware that the contract for service that you enter into and/or accept with your chosen MB Scheme supplier is in no way affected by the offer of a voucher or its issue or non-issue in accordance with these terms and conditions (or any non-payment of voucher funding to your supplier), and you will remain bound by the terms of such contract for service (including in respect of any payment obligations).
- For the purpose of these terms and conditions:
- “residential beneficiary” means an individual that is a resident in the UK and who meets the residential beneficiary eligibility requirements in Schedule 1 (Beneficiary Eligibility) of these terms and conditions; and
- “SME beneficiary” means a business beneficiary that is an enterprise/organisation and complies with all SME beneficiary eligibility requirements in Schedule 1 (Beneficiary Eligibility) of these terms and conditions.
- About the payment of the voucher
- Payment of the voucher will be made directly to your MB Scheme supplier (subject to (i) their successful claim for payment in accordance with the supplier terms and conditions that the MB Scheme suppliers have signed up to under the MB Scheme, and (ii) funding being available), not to you or your business/organisation. Your MB Scheme supplier will notify us when your Technology Product has been delivered/installed as part of their application for voucher funding and provide evidence.
- We will contact you with an assurance questionnaire to verify (without limitation) that in respect of any voucher claim, the relevant Technology Package has been installed and improved coverage has been delivered and is working satisfactorily. Your voucher may be cancelled if we do not receive a complete response from you. We will also ask if you would be willing to be a case study for the MB Scheme. Where you agree to us doing so, we may share the information you include in the assurance questionnaire (including your personal data) with your MB Scheme supplier to allow them to discuss any matter/issue with you, however we would recommend that you raise any matter/issue with your MB Scheme supplier directly at the relevant time so that appropriate action can be taken by the supplier.
- If you are a VAT registered SME beneficiary, vouchers cannot fund VAT which shall remain your responsibility to pay to the MB Scheme supplier. If you are a residential beneficiary or a SME beneficiary that is not VAT registered you will still be responsible for payment of VAT to the MB Scheme supplier where the voucher amount claimed does not cover the amount of the VAT payable. The voucher cannot be used to support any on-going or replacement costs following the installation of your connection/product. If you have any queries regarding the tax implications of the MB Scheme you should seek independent advice.
- We have agreed with your MB Scheme supplier that the voucher has a minimum and maximum value which can be claimed against eligible equipment and (in the case of the 4G Mobile Booster only) (to cover any remaining value of the voucher) certain installation charges comprising the Technology Package. The voucher cannot be used against any other charges owed to your MB Scheme supplier. The minimum and maximum values are summarised in the table below at clause 2.6, for each Technology Package and no additional voucher amount will be available.
- You will be required to make a monetary contribution to the cost of the Technology Package to supplement the voucher. This means you must pay for all costs charged by the MB Scheme supplier in excess of the voucher value (or in excess of the voucher payment if the Supplier is unable to claim the full voucher value). The total amount of such a contribution will depend on the Technology Package you receive from the MB Scheme supplier, your VAT Registration status and value of the voucher you claim (as set out in the table at clause 2.6) and any additional costs that you are responsible for, arising from your arrangements with the MB Scheme supplier.
- This table summarises the Technology Package options, the maximum and minimum values of the voucher grant available for a Technology Package and the monetary contribution required from a beneficiary for each Technology Package (which depends on which type of beneficiary you are), the exact amount of which must be confirmed by the MB Scheme supplier:
Technology Package | Type of Beneficiary | Minimum Voucher Value | Maximum Voucher Value | Beneficiary Contribution to charges from MB Scheme Supplier for Technology Package and installation |
4G Mobile Booster | SME Beneficiary (VAT Registered) (exclusive of VAT on the Eligible Costs, as vouchers cannot fund VAT for SME Beneficiaries) | £500 | £650 | You must pay for all costs charged by the MB Scheme supplier in excess of the value of the voucher payment, including all VAT. It is expected that this will comprise as a minimum the costs for the SIM which enables the equipment to work (and costs of installation of the booster product and accompanying equipment to the extent not covered by the value of the voucher), however please note that you will also be responsible for all additional costs arising from your arrangements with the MB Scheme supplier. |
Residential Beneficiary, or SME Beneficiary not registered for VAT (plus VAT on the Eligible Costs) | £500 | £650 | You must pay for all costs charged by the MB Scheme supplier in excess of the value of the voucher payment (which may include VAT). It is expected that this will comprise the costs for the SIM which enables the equipment to work (and costs of installation of the booster product and accompanying equipment to the extent not covered by the value of the voucher), however please note that you will also be responsible for all additional costs arising from your arrangements with the MB Scheme supplier | |
Cel Fi Go G41 mobile phone repeater | SME Beneficiary (VAT Registered) (exclusive of VAT on the Eligible Costs, as vouchers cannot fund VAT for SME Beneficiaries) | £1,000 | £1,300 | You must pay for all costs charged by the MB Scheme supplier in excess of the value of the voucher payment, including all VAT. It is expected that this will consist of the costs for installation of the product and accompanying equipment which will usually be up to £400 (plus VAT), however please note that you will also be responsible for all additional costs arising from your arrangements with the MB Scheme supplier. |
Residential Beneficiary, or SME Beneficiary not registered for VAT (plus VAT on the Eligible Costs) | £1,000 | £1,300 | You must pay for all costs charged by the MB Scheme supplier in excess of the value of the voucher payment, which may include VAT. It is expected that this will consist of the costs for installation of the product and accompanying equipment which the Supplier agrees will be up to a maximum of £400 (plus VAT) however please note that you will also be responsible for all additional costs arising from your arrangements with the MB Scheme supplier. |
- It will be your responsibility to discuss with your selected MB Scheme supplier upfront as to which is the best option for you or your business. The Authority accepts no liability in relation to the advice and/or service provided by the MB Scheme supplier as part of the delivery of a Technology Package or otherwise.
- From time to time the Authority may confirm that there are additional and/or replacement mobile booster and/or repeater products or other technologies which are part of the MB Scheme and Technology Packages available under the MB Scheme will be amended accordingly. These terms and conditions (unless confirmed by us in writing) will otherwise apply in all respects to such products and/or other technology that become part of the MB Scheme.
- Vouchers are for an approved booster/repeater product (4G Mobile Booster or Cel-Fi Go G41 mobile phone repeater) and (where set out in the table above) certain one-off installation costs, as we have agreed with your MB Scheme supplier. All registered MB Scheme suppliers have signed up to a set of terms and conditions which clearly set out what installation costs are eligible under the terms of the MB Scheme.
- If you have any issues or queries with the Technology Package installed and/or require the MB Scheme supplier to come to your premises, you should contact the MB Scheme supplier directly. The Authority cannot help with such issues or queries and is not responsible and/or liable to you or any third party in relation to any act or omission of the MB Scheme supplier and/or in relation to the performance, installation or maintenance of any Technology Package, product or equipment.
- Prior to contacting the MB Scheme supplier in respect of any suspected non-functioning of the Technology Package, it is recommended that, where reasonably practicable, you check with your network provider whether there are any coverage issues at a network level which might be solely affecting the functioning of the Technology Package.
- Some MB Scheme suppliers may charge a call out fee relating to your equipment if you request a call out. A call out fee may also be charged prior to installation in order for the supplier to establish if you have adequate outdoor mobile coverage. It is your responsibility to discuss this with the MB Scheme supplier before agreeing to an installation or separate call out. If you are not in agreement with the MB Scheme supplier you are at liberty to change to another MB Scheme supplier as long as the voucher is not used and you have not signed up to the supplier’s contract for installation.
- You cannot claim a voucher for installation of a booster/repeater that was installed before the date of your voucher or claim for any spending that relates to it.
- If the voucher value ends up being greater than the eligible costs that the supplier is entitled to receive payment for, the value of the voucher shall be reduced to the value of the eligible costs only and any outstanding amounts due to the supplier will be your responsibility to pay. The remaining value of the voucher cannot be used against other costs of the supplier and if that has been the case, the Authority has the right to reclaim from you the value of the difference between the total voucher amount and the amount of the eligible costs that the supplier is entitled to receive.
- Where the eligible costs of installing your technology package are less than the applicable minimum voucher value (excluding VAT) set out in the table at clause 2.6 above, then no voucher (or voucher funding) will be made available and you will be responsible for the full payment of your costs to the supplier.
- Your responsibilities
- You are responsible for providing, as soon as is practicable, any information reasonably requested by us or any other accountable body related to the MB Scheme, including any additional information that may be necessary for the purposes of processing your voucher, deciding on your award, establishing your eligibility and/or completing assurance. If you (i) do not respond to any reasonable request for information or (ii) do respond with incomplete and/or insufficient information and/or information that demonstrates that you or your supplier are not eligible (or no longer eligible) for the MB Scheme, we may decide to withdraw the offer of a voucher or cancel it. Where we decide to withdraw and/or cancel any voucher, we shall not be responsible or liable to the MB Scheme supplier or you for any payment of supplier fees.
- You are responsible for checking that you meet the eligibility requirements of the MB Scheme (including without limitation pursuant to clause 1 and Schedule 1 (Beneficiary Eligibility) of these terms and conditions).
- You will be asked to self-certify that you meet the requirements of a beneficiary as part of the initial application process and (unless you are a residential beneficiary) that you are eligible to receive funding on the basis of the Minimal Financial Assistance route as set out at Section 36 and s7 of the Subsidy Control Act 2022. Please note that the Authority is not responsible for validating this information and will rely on the certifications that you provide.
- Coverage Requirements
- All installations supported by vouchers under this MB Scheme must deliver indoor 4G mobile coverage which enables you to make and receive indoor mobile voice calls reliably in your main business premises or residence (as applicable) either through improved mobile signal- or via Wi-Fi calling.
- Any premises that is capable of receiving adequate indoor 4G mobile coverage is not eligible to benefit from a voucher under the MB Scheme, whether or not that connection is currently in use.
- Once the final installation has been made to your premises, the MB Scheme supplier must confirm to the Authority that your installation is complete and provide requisite evidence, as part of its claim for and receipt of voucher funding.
- Premises must have adequate outdoor mobile coverage to benefit from the technology offered under the MB Scheme and MB Scheme suppliers are responsible for verifying this prior to installation.
- General conditions
- We are not liable in any way for:
- incomplete, erroneous, false or misleading information given by beneficiaries including you, or MB Scheme suppliers. Where incomplete, erroneous, false or misleading information is given, we reserve the right to either cancel the voucher prior to issue or reclaim the voucher value in full; and/or
- user errors or unauthorised use of the MB Scheme webpages and/or application materials by MB Scheme suppliers or beneficiaries.
- We reserve the right to discontinue, end or otherwise vary the terms of the MB Scheme (including without limitation the issue or payment of vouchers) in any way, at any time, upon notice. A reason for this includes where funding is no longer available for the MB Scheme. In addition to being notified of any variations made to the terms of the MB Scheme, the current terms are available on request at any time.
- We do not endorse any particular MB Scheme supplier or product. You should undertake all normal checks to satisfy yourself of the standing of the MB Scheme supplier and suitability of the product before placing an order directly with the MB Scheme supplier of your choice. We reserve the right to amend and/or withdraw any Technology Packages from being part of the MB Scheme, including without limitation where the products and/or installation methods are no longer approved by the Authority or any regulator. In such circumstances any vouchers issued for such products would be withdrawn and/or cancelled.
- We accept no liability for your involvement in the MB Scheme including without limitation any installation or other work undertaken. It is the responsibility of the MB Scheme supplier selected to ensure that the product is installed correctly and without loss or damage. You should assure yourself that the installation has been correctly installed before confirming that your installation is complete.
- Other than a voucher (where validly claimed and which shall be of no greater value than the applicable maximum voucher value applicable to your Technology Package as set out in clause 2.6 ), you are not in any circumstances entitled to receive from us (and we are not liable for) anything additional, including without limitation any payments, costs, expenses or otherwise.
- You agree to provide us with such additional information and assistance as we may reasonably require from time to time in relation to the operation of the MB Scheme. This may include (without limit) providing reasonable access to your premises and Technology Package for the purpose of making relevant audit or compliance checks by us or our agents to verify that the equipment installed meets the contracted specification, complies with the MB Scheme Terms and Conditions and/or has been properly installed. If you are chosen for an audit or compliance check, we or our agents will call you to discuss this with you, including whether it would be more appropriate for you to provide photos of the equipment.
- If you receive any information request under the Freedom of Information Act 2000, the Environmental Information Regulations 2004 (or equivalent legislation) that concerns the MB Scheme and/or us, you shall provide such request to us without delay.
- Our liability under the MB Scheme is limited as set out in clause 5.5, except that nothing in these terms and conditions shall restrict or limit our liability to the extent that it cannot be restricted or limited under applicable law.
- These terms and conditions shall be subject to and construed in accordance with English law and subject to the exclusive jurisdiction of the courts of England and Wales.
- We may at times contact you for publicity purposes including case studies and interviews.
- Data Protection
- Where you are a corporate beneficiary, we and you shall comply with all applicable Data Protection Laws. Any personal data (of your employees, company representatives or otherwise) provided by you shall be used in accordance with our privacy statement located at Privacy policy – Connecting Devon and Somerset. You shall comply with any additional data protection procedures notified by us and ensure that (a) you have provided such employees, company representatives or otherwise (as applicable) with our privacy statement; and (b) all fair processing notices have been given and/or, as applicable, consents are obtained to enable us to process the relevant data for the purpose of the MB Scheme.
- We shall be entitled to require you to comply with such additional provisions as we may reasonably determine to be necessary in order to enable us and you to comply with our respective obligations under Data Protection Laws.
- Where you are a residential beneficiary any personal data provided by you shall be used in accordance with our privacy statement located at Privacy policy – Connecting Devon and Somerset.
- For the purpose of these terms and conditions, “Data Protection Laws” means:
- any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding pronouncement, including findings, orders, decisions and judgements of a competent court or regulator with jurisdiction as updated and amended from time to time which relates to the protection of individuals with regards to the processing of personal data to which a relevant party is subject, including in relation to the UK the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (amended by SI 2011 no. 6) and the General Data Protection Regulation (as incorporated into UK law under the UK European Union (Withdrawal) Act 2018) as the same are amended in accordance with the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (as amended by SI 2020 no. 1586); and
- any code of practice or guidance published by the UK Information Commissioner’s Office from time to time.
Schedule 1 – Beneficiary Eligibility
- SME Beneficiaries
- Organisations may be SME beneficiaries only if it is established that:
- the relevant organisation cannot currently make or receive indoor calls reliably at their main office, using their mobile with their current mobile network operator (MNO) and wishes to apply for a voucher towards the cost of a mobile signal booster/repeater from a registered MB Scheme supplier;
- the relevant organisation is a business that:
- has less than 250 staff headcount (in total in the organisation); and
- has an annual turnover not exceeding €50 million and an annual balance sheet total not exceeding €43 million;
- the organisation has its main/primary business premises (for which they are seeking to use the voucher) within Plymouth City Council, Torbay Council, Devon County Council or Somerset Council areas;
- the SME Beneficiary’s Premises (for which they are seeking to use the voucher) is their primary registered premises of their SME business and has (i) poor indoor mobile coverage and (ii) adequate outdoor mobile coverage;
- the organisation has not received (and/or is not due to receive) a voucher under the MB Scheme and/or under any other similar voucher scheme (or in respect of the same premises).
- the organisation is eligible to receive funding on the basis of the Minimal Financial Assistance route as set out at Sections 36 and 37 of the Subsidy Control Act 2022;
- as a result of the voucher contribution included within the relevant package, the organisation will have received less than the MFA Threshold from date of contracting for the relevant Technology Package;
- the organisation will receive an improvement in its ability to make and/or receive indoor mobile voice calls (as described in clause 4 of these terms and conditions (the Coverage Requirements)) as a result of contracting for the relevant Technology Package;
- the organisation is not:
- owned, linked through ownership or controlled by any MB Scheme supplier;
- a publicly funded school;
- a public sector organisation;
- a privately funded school operating between the ages of 3-18; and/or
- an organisation solely involved in offering provision under the requirement for young people to remain in education or training until their 18th birthday; and
- the organisation has confirmed that they are content for their voucher to be used for part of the relevant Technology Package and have agreed to be bound by these terms and conditions.
- For the purpose of these terms and conditions:
- “Minimal Financial Assistance/MFA” means the Minimal Financial Assistance route as set out at Sections 36 and 37 of the Subsidy Control Act 2022;
- “MFA Threshold” means £315,000 of Eligible Subsidy; and
- “Eligible Subsidy” means the amount of subsidy received by the relevant Enterprise (being the business group of the recipient) in the current and two previous financial years from the following sources: MFA; Small Amounts of Financial Assistance under 364(4) of the EU-UK Trade and Cooperation Agreement (which allows up to 325,000 Special Drawing Rights of subsidy); SPEIA under Section 38 of the Subsidy Control Act; and De Minimis under EU State aid law (which allows up to €200,000 in the current and two previous financial years).
- Residential Beneficiaries
- Residential beneficiaries may only benefit from the MB Scheme if it is established that:
- the beneficiary is an individual that cannot currently make or receive indoor calls reliably at their main residence, using their mobile with their current mobile network operator (MNO) and wishes to apply for a voucher towards the cost of a mobile signal booster/repeater from a registered MB Scheme supplier;
- the relevant residential beneficiary has not already received (and/or is not due to receive) voucher funding under the MB Scheme and/or under any similar voucher scheme or in respect of the same premises;
- the relevant residential beneficiary has its premises (which must be their main residence) for which they are seeking to use the voucher, within Plymouth City Council, Torbay Council, Devon County Council or Somerset Council areas;
- the relevant residential beneficiary’s premises (for which they are seeking to use the voucher) is their main residence and has (i) poor indoor mobile coverage and (ii) adequate outdoor mobile coverage;
- the relevant residential beneficiary will receive an improvement in its ability to make and/or receive indoor mobile voice calls (as described in clause 4 of these terms and conditions (Coverage Requirements)) as a result of contracting for the relevant Technology Package; and
- the residential beneficiary has confirmed they are content for their voucher to be against the Technology Package and have agreed to be bound by these terms and conditions.
- General eligibility conditions
- All beneficiaries acknowledge and agree that:
- the Authority shall only issue one voucher per premises (identified by unique UPRNs) unless it has been agreed with the Authority in advance that it is willing to issue additional vouchers to eligible SME beneficiaries operating from the same shared location; and
- the Authority shall only issue one voucher per beneficiary. You are permitted to apply for a voucher in your capacity as a resident and (if applicable) in your capacity as a SME business but this must be notified to the Authority at the point of applying and is subject to the Authority providing its written consent;
- for the avoidance of doubt, you are not entitled to apply for and/or claim an additional voucher in order to receive a different Technology Package to the one you have already received under the MB Scheme, or in order to replace an existing Technology Package received under the MB Scheme or similar product;
and any vouchers claimed in breach of this paragraph 3.1 shall be cancelled without liability to the Authority.