Terms and Conditions
- Introduction
1.1 These terms and conditions are set out between You, the Business Customer, and, us, Fiber Zone – trading name of Evrocom.uk Limited, (Company Number 10390090) whose registered address is at 277 Anlaby Road, Hull, United Kingdom, HU3 2SE. Registered VAT number for our company is GB404168814.
1.2 We supply the services to you, the Customer, through these terms and conditions. By ticking the “I HAVE READ AND AGREE TO THE TERMS OF SERVICE” you are formally agreeing to accept these terms and conditions.
1.3 Please read through the terms and conditions carefully as they create a contract between you and us. If you believe there are any mistakes in these terms, make sure to get in touch with us so we can talk through it.
1.4 Customer information provided on the Order Form is a person who is in authority to enter into contracts and liable to make payments for the service/s received from Fiber Zone. The customer’s address that is noted on the Order Form is the activation place of the service/s, therefore if the billing address is at a different location, please specify this.
1.5 External and internal network equipment that are supplied and installed by Fiber Zone and their partners will remain Fiber Zone’s property. This comprises of equipment (including replacements and upgrades) that enables connection to Fiber Zone’s network (ducts, fibre optic cables above-and underground, internal network termination point, broadband router, ethernet cables, adaptors).
1.6 All of our services include these terms and conditions, although some services may have additional terms and conditions of their own that can be found on our website, in the legal section. When placing an order you will be notified whether any further terms apply to your order. Before submitting your order, any additional relevant terms must be read carefully.
1.7 When the words stated in these terms are “writing” or “written” this incorporates emails.
1.8 We may transfer our rights and obligations to another company under these terms. You may only do the same if prior written consent is obtained from Fiber Zone.
1.7 This contract solely exist between you and us. None of its terms are to be enforced by another person.
1.8 The paragraphs of this contract operate separately and if any of them is found unlawful by the relevant authority, the remainder of paragraphs will remain in full effect.
1.9 If we require you to do something under the terms of this contract – even if it is not immediately requested – you are required to comply, otherwise we may take steps against you at a later date.
1.10 It is agreed by both parties that these terms are set out under the English law with the courts in England and Wells exercising exclusive jurisdiction to settle any claim that may arise under this contract.
- Contract
2.1 The Order Form details all information and prices of the service/s that you require. By submitting an order via Fiber Zone’s website you accept that you place an order with Fiber Zone that are bound by these terms and conditions.
2.2 This agreement initiates on the date we accept your Order Form. The agreement shall continue to be bound until terminated by you or us pursuant to these terms and conditions.
2.3 We will provide you with an Order Number upon signing up for a service/s. It is our sole discretion to accept an Order Form subject to availability of Fiber Zone’s broadband and installation services and to these terms and conditions. You agree that following acceptance of your Order Form, we will send confirmation via email. No terms, limitations or conditions proposed by you shall be binding on us.
2.4 You accept that any previous agreement, undertaking, understanding or promise are superseded by these terms and conditions.
2.5 When ordering services, you corroborate that you are 18 years old or older. We may require proof of identity and address and conduct the necessary credit and identity verification on you.
2.6 When filling out the order form, the target activation date will be determined by you. It is a target only and the actual activation date will be influenced by several factors. The activation dates we provide are estimates only. You agree there will not be liable for non-compliance with these dates, which is outside of our control.
2.7 We attempt to set up services as soon as possible, but delays may arise and if so, we will inform you as soon as possible. If we are unable to install your services, we will notify you and not charge for it. It could be, for instance because the service is not accessible in your area or because we feel it is too difficult to supply you the service (which we will typically identify upon completion of a site survey) or the services if your site fails to meet our minimum performance standards.
2.8 We may need to conduct tests to verify if the services are available to you and we may need to temporarily disable your phone line while we do so. We will notify you before we do this.
2.9 If we relocate your service from or to another supplier, there is a risk of a temporary loss of services. If you request that we transfer your telephone number from or to another supplier, we will endeavour to do so where possible. If we are unable to do so, we will provide you with other options.
2.10 The confirmation of your order will indicate the minimum period regarding the service you choose. A service commences on the date we activate the service and terminates in accordance with this agreement.
2.11 If you would like us to discontinue the service that we provide to you at the end of the minimum period, you must give prior notice according to these terms and conditions.
2.12 At the end of your minimum period, if you have not requested to discontinue the service or if you have not asked us for a change in service, we will continue to provide the service to you on the standard monthly charge of that service.
2.13 In the event that we agree to renew or upgrade a service, there may be additional minimum period effective from the date of your renewal or upgrade. Supplementary charges may also be applicable. We will notify you before your renewal or upgrade.
2.14 Our service/s are solely supplied to UK households.
- Installation of service/s
3.1 When the Connection Point outside your premises is live, we will contact you to arrange for the installation.
3.2 You agree that the information you provide to us on your Order Form will be used for all aspects of us providing services to you.
3.3 We attempt to set up services as soon as possible, but delays may arise and if so, we will inform you as soon as possible. If we are unable to install your services, we will notify you and not charge for it. It could be, for instance because the service is not accessible in your area or because we feel it is too difficult to supply you the service (which we will typically identify upon completion of a site survey) or the services if your site fails to meet our minimum performance standards.
3.4 In cases of non-standard installations, an additional on-site visit is required where a quotation is drawn up by an installation technician. We advise you regarding any additional costs before installation can commence. Once you agree to the additional charges that we confirm to you in writing, installation is initiated to enable Fiber Zone’s service/s to be delivered to you as set out in your order.
3.5 Installing certain services, including installing equipment in or out of your premises, may require other people’s consent. It is your responsibility to ensure that these consents are obtained prior to installation. Failure to do so may result in termination of this agreement and recovery of our reasonable costs.
3.6 If you do not permit our technician access to your property to carry out the service as agreed and/or the equipment may not be passed to you, we may charge you additional expenses incurred by us accordingly. This includes missed appointments where you are away from the property or no one is present at the premises aged over eighteen (18). The missed appointment fee is £120 inclusive of VAT.
3.7 You need to give at least two (2) business days’ notice if you would like to cancel an appointment with a technician. You may have to pay the total cost of an appointment with an engineer if the necessary notice is not given. If we are unable to contact you or re-arrange access to your premises despite our reasonable efforts, we may end your contract.
3.8 Should we need to cancel or reschedule an engineer visit, we will provide as much notice as possible.
3.9 If you request Fiber Zone to update an existing service, but do not agree to the necessary engineering work, you will have to keep your existing service.
3.10 Standard installation eligibility may be affected if your requirements change. Charges may apply if standard installation is not possible due an error in assessing the criteria for your installation. You will be notified, and it will be discussed with you.
3.11 Once your service is activated (your Activation Date), you will be charged a one-off Activation Fee/Installation Fee if applicable.
3.12 When an application is made regarding eligibility, the decision made by Fiber Zone is final.
3.13 In accordance with the Communications Act 2003, upon ordering our service, you agree that the equipment that are placed on your premises by Fiber Zone with your consent shall remain, which includes the internal network termination point irrespective of whether the owner who purchases the premises takes Fiber Zone’s services.
- Equipment
4.1 You may be requested to use some of the required equipment provided by Fiber Zone and their partners in order to receive the service you require (router may be included). We maintain ownership of this equipment. We will only supply you with equipment that we specify in your order confirmation. Additional equipment/facilities can be provided at extra cost. We cannot ensure that the service will operate with facilities other than our own.
4.2 You agree that for the purpose of providing you with the service, we may:
(a) enter your premises for the purpose of connecting, servicing, altering, replacing or removing such equipment and
(b) where appropriate, remotely login to manage, upgrade pr repair the equipment
(c) install, retain and operate all necessary equipment at your property
4.3 Make sure to check the material we send to you and inform Fiber Zone of any visual or actual deficiencies within five (5) days of receipt.
4.4 If it is deemed necessary to request our equipment back from you, this request must be fulfilled. If such request is not adhered to within a specified time (that will be noted on the request form), then you will be liable to reimburse the full price of the equipment.
4.5 Upon completion of the minimum period, the router will no longer have a guarantee; meaning we will not be obligated to fix or replace a router if a defect is found outside the warranty period for that router.
4.6 If the router malfunctions due to an unknown reason, the device should be returned to us. A replacement router will be given out until we investigate why the router failed. Should we find that the fault was caused by the client, we reserve the right to charge all costs incurred in the replacement of the router, even if the damage is caused by a third party doing work on the premises.
4.7 We shall not take responsibility for lost, stolen or physically damaged router.
4.8 You agree to inform us by contacting our service team admin@fiberzone.net in the event of loss, theft or damage to the router. If you fail to do so you will be responsible for any resulting losses and costs that may occur.
4.9 You are entitled to reconfigure the router in accordance with the needs of your local network however, we will not be responsible for any security violations or affected performance.
4.10 In cases where a malfunction is detected with the optical network terminator equipment on our network, we will take the necessary steps to settle the misconduct at no cost to you. In general, network equipment failures can be handled remotely without requiring a technical visit.
4.11 If we believe that the fault in the equipment is due to abuse or neglect, we may charge you for a fee for repairing or replacing the equipment, as well as the technician’s costs associated with resolving the problem.
4.12 Certain equipment does not belong to us but belongs to third party suppliers, all costs that we incur may be transmitted to you if we believe that you are responsible for the fault.
- Charges and payments
5.1 The delivery of the services is contingent upon the payment of all fees and applicable to your services pursuant to this agreement.
5.2 The service charge (inclusive of VAT) will be the price stated on our website along with the activation fee. If the VAT rate changes from the date of your order form to the delivery date of the service, we will change how much VAT you pay accordingly.
5.3 Payment for the first month of service/s is made in advance upon activation of the service. Your initial payment will be adjusted to reflect the days of service/s provided for the initial month. After this, we will generally charge you on the first day of each month, unless you indicate a different withdrawal date in your purchase order for the length of term noted on the Order Form. Services are generally provided the day after the order is confirmed and installation is completed but may take up to two weeks due to availability limitations. You can request a future date, which needs to be indicated on the Order Form. We are aiming for delivery on the date indicated, but it is not mandatory.
5.4 You are responsible for the payment of all expenses incurred by you and anyone accessing your service.
5.5 If you wish to end to your contract during the Minimum Term noted on the Order Form/website, you will be charged an early termination fee.
5.6 If no payment is made prior to the due date, a re-connection fee will be added to your bill.
5.7 We may charge interest if your payment is late. If payment is not made on the due date, we may charge you interest on the past due amount at a rate of four per cent (4%) per year higher than the Westminster National Bank’s rate of interest. Such interest accumulates on a daily basis from the date of maturity until the date of the actual payment of the outstanding amount, either before or after the judgement. You are required to pay us interest as well as any late payment.
5.8 If you believe that an invoice is incorrect, please contact us immediately. No interest will be charged until the issue is settled. When the dispute is resolved, we will charge you interest on the amounts properly billed as of the initial due date.
5.9 Billing disputes should be brought to our attention via email to our billing team billing@fiberzone.net
5.10 Direct debit is our preferred form of payment, though we accept alternative methods of payment. If you decide to use direct debit for check-out and your direct debit information changes, you must inform us right away. Non-compliance with this instruction may result in suspension of your service.
5.11 If you decide to pay through direct debit, your order for the service entitles us to charge your debit or credit card. The authorization will remain in effect for up to thirty (30) days after receipt of your written notice ending our authorization.
5.12 We reserve the right to raise our fees under this agreement anytime. You can cancel the contract due an increase in price, unless such price increases are legislated or regulated.
5.13 Fiber Zone reserves the right to raise the service fees at or after every twelve (12) month period from the date the services started along with the annual percentage increase (if any) of the overall retail price index (all components, not including mortgage interest payment) collected and released by the National Office for Statistics.
5.14 Fiber Zone may also modify these terms and condition and any service which we have agreed on providing you.
5.15 Fiber Zone will inform you in writing and publish the revised terms on our website. You will be notified of proposed changes at least thirty (30) days prior to their coming into effect. Further use of the services beyond the notice period constitutes acceptance. With the exception of price changes where the change is materially detrimental to you, you may terminate this agreement pursuant to clause 11, with the addition of not having to pay an early disconnection charge.
5.16 Fiber Zone cannot be held responsible for any third-party charges from other companies and organizations (such as telephone or content providers) that you may incur while using Fiber Zone’s service/s.
5.17 We reserve the right to transmit the cost of third parties we incur directly following the recovery of any amount you owe us, and we reserve the right to hire debt collection agencies, transfer the right to recover your debt or take your debt into consideration with a third party for collection.
- Using the service/s of Fiber Zone
6.1 If there is a change to the information you provide on the Order Request Form or if the information you provide is inaccurate, we cannot be held liable for disruptions in the service that is provided to you due to such deficiencies. You have sole responsibility to notify us immediately of any changes.
6.2 You cannot use your services or permit the use of your services:
(a) obstruct or attempt to interfere, without authorization, with the functioning of a computer, prevent or impede access to a program or data retained on a computer or affecting the functioning of such a program or the reliability of such data
(b) in whatever way that seems to us prejudicial or liable to harm us, to provide services to you or any of our clients as well as other users of our network or
(c) in such a way to damage our reputation or the reputation of any company within the group, the services provided by us or discredit us or any other company, our services or our network or
(d) through a device that enables these services to be routed on, from or to our network
(e) for sending, communicating, receiving, uploading, downloading or for the use of any material or making insulting, threatening, outrageous, slanderous, indecent, inconvenient, unnecessary anxiety or are aimed to deceive
(f) to upload, possess or otherwise transfer illegal material
(g) violating or infringing an individual’s rights or property including copyright and all additional intellectual property rights, privacy, and confidentiality
(h) commit to criminal, illicit or illegal or deceptive activities
6.3 Intellectual property rights over any content, software, or other equipment (“Fiber Zone Materials”) that we provide to you belong to us or to our suppliers. We award you with a license to use the Fiber Zone Materials for the purpose of receiving and benefiting from the services, however you must agree not to copy, change, or post the Fiber Zone Materials and you make a commitment not to share Fiber Zone Material to another person.
6.4 If we find that you use our network in an improper manner, we may suspend your use of our network and remove any material (including harmful material to the interests of others) placed on our servers by you or other users who are found to be in breach of this contract.
6.5 You are liable for all claims and losses that are in any way connected to the misuse of our service/s bound by this contract. Furthermore, you agree to compensate us if we suffer losses due to your misconduct.
6.6 We may vary the internet address that is initially allocated to you unless static IP address is ordered. The internet address (amended or not) always belongs to Fiber Zone. Selling or transferring the internet address to a third party is forbidden as you are provided with a non-transferable licence. This licence is valid for the duration of your contract that is set out on your Order Form.
- The Service/s
7.1 We will demonstrate reasonable competence and care to provide you with this service however, because of the nature of the internet, we cannot guarantee that the services will always function without error.
7.2 In order to receive the service you need, you must ensure that your equipment, such as your computer or device (mobile phone or tablet) connects to the equipment using an ethernet or wi-fi connection.
7.3 It must be noted that the true speed and efficiency of the service you are experimenting with will be determined by several factors, a few of which are beyond our control. Consequently, we cannot ensure that the highest transmission rates can be always achieved; nor can we guarantee that, when you qualify for a speed upgrade, the upgrade can be successfully completed within the specified time frame. However, we will make reasonable efforts to advise you of any problems and endeavour to resolve them as soon as reasonably practical. Since some of our services are provided by third-party networks, we cannot be held responsible for errors beyond our control.
7.4 Service or equipment failures should be reported to us at the earliest opportunity. To avoid any doubt, any formal complaints brought to our attention will be the subject of an investigation from the date the matter was first recorded. If you are not satisfied with the time frame for resolving the fault or the way the fault was dealt with, you can file a complaint.
7.5 We do not guarantee security on the internet and advise you to use additional security products such as anti-virus and firewalls software.
7.6 We do not guarantee the safety of the service from illegal or unauthorized access or usage. You understand and acknowledge that access to this service and its use is at your own risk.
7.7 When we give you usernames and passwords enabling you to access the services, you agree that you are solely responsible for always maintaining the confidentiality and security of this information.
7.8 You should not try to modify any Fiber Zone usernames provided. If you believe that any Fiber Zone username(s) or password(s) have become known in an unauthorized manner, you must notify us immediately.
7.9 Any email address we assign to you shall remain with you at all times and you cannot reassign it to anyone else. Should this agreement terminate, your right to use this email address will also terminate and you will no longer be allowed to use the email address, so please ensure you have an alternate email address and inform your contacts about the change since we cannot do this for you.
7.10 We may require you to install software on your computer, but we will not call you and ask you to do so unless you have asked us to. All data must be recorded and backed up before installing this software. The software will provide us with access to your computer so that we can diagnose and resolve any issues you may encounter. If you do not install the software, it is possible that we cannot solve such problems and we will not be responsible for any problems you may encounter as a consequence.
7.11 You or ourselves may need to change your computer settings to operate It with our broadband fiber service. You should make sure those changes do not invalidate your computer’s security. If this is the case, we will not be responsible for any modifications made by yourself, us or our representatives.
7.12 You should still backup your data from loss and corruption. Any data loss which has not been backed up appropriately will not be our liability.
- Moving premises
8.1 If you plan to move and wish to transfer your account to your new premises, you are responsible for notifying us thirty (30) days in advance of your relocation, so that we can try to ensure that your services are transferred to your new space with minimal disruption. The delivery of services in your new location depends on the availability of network coverage.
8.2 Upon receiving the notice, we will notify you whether it is possible to transfer the services to your new address:
(a) if we continue to provide services to you at your new address in accordance with this agreement, you will be subjected to an additional length of time, which will begin on the day we start offering services to your new address
(b) if you relocate for the minimum period and we are not able to activate the services, because of a lack of network coverage, due to any reason in your new location, your services may be cancelled. However, you will be required to pay the entire fee you would have paid for the minimum period of its natural expiration
(c) if we are able to transfer the services, we will make necessary arrangements to have them transferred to your new address
8.3 If you move to a new address where there is no installed network device, you may be liable for a charge.
- Service disruptions
9.1 Maintenance and support work are aimed to be conducted overnight and reasonable notice is provided via email prior to any work. Urgent or emergency work are exceptional circumstances where giving reasonable warning may not be possible.
9.2 If the supply of service/s is suspended by us because:
(a) miss to pay your charges on or before the due date
(b) non-compliance with acceptable use policy or misuse of network
(c) breach this contract in any way, or any guidelines and laws that are associated with using our network
we cannot be held liable for the loss of service/s and a reactivation fee may be charged after the suspension period ends.
- Limitation of liability and right to suspend or end service/s
10.1 In order to receive the service you order, you must ensure that your equipment, such as your computer or device connects to the equipment using an ethernet or wi-fi connection. We cannot be held responsible if the service/s Fiber Zone provides cannot be used because of the limitation (non-compatibility, fault) posed by your equipment (laptop, mobile device, printer, switch, LAN, network interface card or other equipment) or relevant standards and specifications are not met or due to faults in any third-party networks that we have no control over.
10.2 We cannot be held liable for any loss or damage to your data and your equipment due to access to the Internet while using our service/s as we have no control over data that passes to or from you over the Internet.
10.3 We in no way exclude or restrict our liability to you when it would be illegal to do so. This comprises of our responsibility in the event of death or injury resulting from our negligence or the negligence of our employees, officers or subcontractors: in respect of fraud or false representation, for violation of your legal rights with respect to faulty services and products pursuant to the Consumer Protection Act, 1987.
10.4 You agree to not resell or replenish the services, free of cost, in cash or equal in monetary terms, without our prior written consent.
10.5 We are not responsible for corporate losses or any business related consequential or indirect damages of any kind. We do provide services solely for your personal use.
10.6 We cannot be held responsible for losses and damage that arise from an incident that is beyond our control.
10.7 We may suspend, limit or discontinue all or part of the services in the following circumstances:
(a) any person whom you authorize to deal with us on your behalf shall act in a manner with respect towards our staff or agents that we find reasonably inappropriate
(b) you break or we reasonably suspect that you have breached any material terms of this agreement (including failing to pay your bill within three (3) days of being reminded) and if you are capable of rectifying the situation, you have not done so in three (3) days (or any other longer period specified by us) of our request
(c) to make modifications to the service as required by you or notified by us to you
(d) we suspect that your service or credit or debit card was used in a fraudulent manner
(e) we no longer have the ability to provide a full or partial service
(f) we are obliged to do this for legal or regulatory grounds or to comply with an order, Government direction or request, an emergency response agency or other appropriate administration, lawful or regulatory authority
(g) our system is failing or in need of service, improvement, or emergency work (our goal is to give our clients as much advance notice as possible in the event of such work)
10.8 Where a service is suspended, restricted, or disconnected in accordance with clause 10.9 (e)-(g) above we will attempt to minimize the impact that has on your broadband service and will reinstate the service as soon as possible.
10.10 If a service is suspended, restricted, or disconnected by us, your agreement will remain (except for termination in accordance with clause 11) and unless that suspension is provided for in clause 10.8 (e), (f) or (g) we may request that you pay your reasonable fees and expenses for the suspension, restriction or disconnection of services and their resumption.
- Termination of this contract
11.1 Your contract is binding for the duration of the Minimum Term outlined on the Order Request Form / website. If you terminate this agreement, you will be required to pay all unpaid fees until the remainder of your notice period.
11.2 If you wish to cancel any services or your agreement made with us, please get in touch with us. Customer service will confirm which cancellation charges must be paid in connection with the cancellation.
11.3 Subject to clause 11.2, if you terminate the service or this contract before the expiration of the service’s minimum term (not within the cooling off) you will be required to pay an early disconnection charge for your service to compensate us for discontinuing the service earlier. Refer to Fiber Zone’s legal section for more details regarding the cancellation policy.
11.4 The agreement may be terminated right away by written notice if.
(a) you are legally entitled to terminate the contract by reason of wrongdoing
(b) we have notified you of an upcoming change to the service or these terms and conditions, to which you disagree, as stated in clause 5.14 only
(c) the services were suspended due to technical reasons, or let you know that we will suspend them for technical reasons, in each case for a period greater than five (5) days
(d) there is a potential for significant delays in service delivery due to events beyond our control
(e) we have made you aware of a mistake in the description or price of the service that you have asked for and do not want to continue
11.5 We can terminate any service or arrangement without delay if:
(a) we have the right to stop, limit or discontinue any service under clause 10.8-10.11 above
(b) we have the express right to do so pursuant to another section of this agreement
(c) you are the subject of a legal application or insolvency application, or an insolvency practitioner requests a provisional order from the court under the insolvency Act 1986 (with successive amendments) or suggests a voluntary agreement under this Act, or if you become bankrupt, or if you enter into a settlement or arrangement with or on behalf of one of your creditors, if a lawsuit is brought or threatened against your property, or any similar measures
(d) we have a cause to believe that you gave us false information, incorrect or deceptive information in order to obtain the equipment/ or services on our behalf, or at any point in the course of providing the service
(e) we believe that you or any other person in your household has committed or could commit, any fraud against us, or any other individual or organization, either through the use of the service or equipment (or both)
(f) any authorisation under which we are authorized to connect, service, change or replace the equipment ceases for any purpose
(g) you do not authorize us, in a reasonable period, to distribute the equipment to you or recover it from us
(h) you fail to make agreed payment when it is due and do not make the payment within seven (7) days of reminders served by us
(i) you breach any material terms and conditions of this agreement and, if you are capable of putting things back in order, you have not done so in seven (7) days (or any further periods as we may indicate) of our request
(j) you do not authorize us, in a reasonable time, to access your premises to provide the service and/or dispatch any equipment required for your service
- Return of the Router
12.1 The router that is used to connect you to our service/s must be returned in 14 days after the of this contract to:
Returns, Fiber Zone, 277 Anlaby Road, Hull, HU3 2SE
12.2 It is your responsibility to ensure that the router reaches us in good working order. If the router fails to reach our Returns department within 14 days, you will charged for the fee of a new router.
12.3 Returned routers are examined and tested upon receipt and if it is found to be damaged (other than general wear and tear), then you will be charged the full price of the router using your regular payment method.
12.4 Please note that the Fiber Zone Network equipment that is initially installed shall remain on the premises and it is not to be returned.
- Data protection
13.1 We may record and monitor conversations that you have with us for compliance and training purposes.
13.2 Your personal data is used in accordance with our Privacy Policy.
- Introduction
1.1 These terms and conditions are set out between You, the Business Customer, and, us, Fiber Zone – trading name of Evrocom.uk Limited, (Company Number 10390090) whose registered address is at 277 Anlaby Road, Hull, United Kingdom, HU3 2SE. Registered VAT number for our company is GB404168814.
1.2 Business customer information provided on the Order Form is a person who is in authority to enter contracts for your business and liable to make payments for the service/s received from Fiber Zone. The business customer’s address that is noted on the Order Form is the activation place of the service/s, therefore if the billing address is at a different location, please specify this.
1.2 External and internal network equipment that are supplied and installed by Fiber Zone and their partners will remain Fiber Zone’s property. This comprises of equipment (including replacements and upgrades) that enables connection to Fiber Zone’s network (ducts, fibre optic cables above-and underground, internal network termination point, broadband router, ethernet cables, adaptors).
1.3 All of our services include these terms and conditions, although some services may have additional terms and conditions of their own that can be found on our website, in the legal section. When placing an order you will be notified whether any further terms apply to your order. Before submitting your order, any additional relevant terms must be read carefully.
1.4 When the words stated in these terms are “writing” or “written” this incorporates emails.
1.5 We may transfer our rights and obligations to another company under these terms. You may only do the same if prior written consent is obtained from Fiber Zone.
1.6 This contract solely exist between you and us. None of its terms are to be enforced by another person.
1.7 We reserve the right to amend these terms and the Service Level Agreement from time to time upon serving you 30 days’ notice.
1.8 The paragraphs of this contract operate separately and if any of them is found unlawful by the relevant authority, the remainder of paragraphs will remain in full effect.
1.9 If we require you to do something under the terms of this contract – even if it is not immediately requested – you are required to comply, otherwise we may take steps against you at a later date.
1.10 It is agreed by both parties that these terms are set out under the English law with the courts in England and Wells exercising exclusive jurisdiction to settle any claim that may arise under this contract.
- Contract
2.1 The Order Form details all information and prices of the service/s that you require. By submitting an order via Fiber Zone’s website and by signing an Agreement Form you accept that you place an order with Fiber Zone that are bound by these terms and conditions.
2.2 This agreement initiates on the date we accept your Order Form. The agreement shall continue to be bound until terminated by you or us pursuant to these terms and conditions.
2.3 We will provide your with an Order Number upon signing up for a service/s. It is our sole discretion to accept an Order Form subject to availability of Fiber Zone’s broadband and installation services and to these terms and conditions. You agree that following acceptance of your Order Form, we will send you the contract and confirmation via email. No terms, limitations or conditions proposed by you shall be binding on us.
2.4 You accept that any previous agreement, undertaking, understanding or promise are superseded by these terms and conditions.
- Installation of service/s
3.1 When the Connection Point outside your premises is live, we will contact you to arrange for the installation.
3.2 You agree that the information you provide to us on your Order Form will be used for all aspects of us providing services to you.
3.3 We attempt to set up services as soon as possible, but delays may arise and if so, we will inform you as soon as possible. If we are unable to install your services, we will notify you and not charge for it. It could be, for instance because the service is not accessible in your area or because we feel it is too difficult to supply you the service (which we will typically identify upon completion of a site survey) or the services if your site fails to meet our minimum performance standards.
3.4 In cases of non-standard installations, an additional on-site visit is required where a quotation is drawn up by an installation technician. We advise you regarding any additional costs before installation can commence. Once you agree to the additional charges that we confirm to you in writing, installation is initiated to enable Fiber Zone’s service/s to be delivered to you as set out in your order.
3.5 Installing certain services, including installing equipment in or out of your premises, may require other people’s consent. It is your responsibility to ensure that these consents are obtained prior to installation. Failure to do so may result in termination of this agreement and recovery of our reasonable costs.
3.6 If you do not permit our technician access to your property to carry out the service as agreed and/or the equipment may not be passed to you, we may charge you additional expenses incurred by us accordingly. This includes missed appointments where you are away from the property or no one is present at the premises aged over eighteen (18). The missed appointment fee is £120 inclusive of VAT.
3.7 You need to give at least two (2) business days’ notice if you would like to cancel an appointment with a technician. You may have to pay the total cost of an appointment with an engineer if the necessary notice is not given. If we are unable to contact you or re-arrange access to your premises despite our reasonable efforts, we may end your contract.
3.8 Should we need to cancel or reschedule an engineer visit, we will provide as much notice as possible.
3.9 If you request Fiber Zone to update an existing service, but do not agree to the necessary engineering work, you will have to keep your existing service.
3.10 Standard installation eligibility may be affected if your requirements change. Charges may apply if standard installation is not possible due an error in assessing the criteria for your installation. You will be notified and it will be discussed with you.
3.11 Once your service is activated (your Activation Date), you will be charged a one off Activation Fee/Installation Fee.
3.12 When an application is made regarding eligibility, the decision made by Fiber Zone is final.
3.13 In accordance with the Communications Act 2003, upon ordering our service, you agree that the equipment that are placed on your premises by Fiber Zone with your consent shall remain, which includes the internal network termination point irrespective of whether the owner who purchases the premises takes Fiber Zone’s services.
- Equipment
4.1 You may be requested to use some of the required equipment provided by Fiber Zone or their partners in order to receive the service you require (router may be included). We maintain ownership of this equipment. We will only supply you with equipment that we specify in your order confirmation. Additional equipment/facilities can be provided at extra cost. We cannot ensure that the service will operate with facilities other than our own.
4.2 You agree that for the purpose of providing you with the service, we may:
(a) enter your premises for the purpose of connecting, servicing, altering, replacing or removing such equipment and
(b) where appropriate, remotely login to manage, upgrade pr repair the equipment
(c) install, retain and operate all necessary equipment at your property
4.3 Make sure to check the material we send to you and inform Fiber Zone of any visual or actual deficiencies within five (5) days of receipt.
4.4 If it is deemed necessary to request our equipment back from you, this request must be fulfilled. If such request is not adhered to within a specified time (that will be noted on the request form), then you will be liable to reimburse the full price of the equipment.
4.5 Upon completion of the minimum period, the router will no longer have a guarantee; meaning we will not be obligated to fix or replace a router if a defect is found outside the warranty period for that router.
4.6 If the router malfunctions due to an unknown reason, the device should be returned to us. A replacement router will be given out until we investigate why the router failed. Should we find that the fault was caused by the client, we reserve the right to charge all costs incurred in the replacement of the router, even if the damage is caused by a third party doing work on the premises.
4.7 We shall not take responsibility for lost, stolen or physically damaged router.
4.8 You agree to inform us by contacting our service team (support@fiberzone.net) in the event of loss, theft or damage to the router. If you fail to do so you will be responsible for any resulting losses and costs that may occur.
4.9 You are entitled to reconfigure the router in accordance with the needs of your local network however, we will not be responsible for any security violations or affected performance.
4.10 In cases where a malfunction is detected with the optical network terminator equipment on our network, we will take the necessary steps to settle the misconduct at no cost to you. In general, network equipment failures can be handled remotely without requiring a technical visit.
4.11 If we believe that the fault in the equipment is due to abuse or neglect, we may charge you for a fee for repairing or replacing the equipment, as well as the technician’s costs associated with resolving the problem.
4.12 Certain equipment does not belong to us but belongs to third party suppliers, all costs that we incur may be transmitted to you if we believe that you are responsible for the fault.
- Charges and payments
5.1 The delivery of the services is contingent upon the payment of all fees and applicable to your services pursuant to this agreement.
5.2 The level of service you order determines the amount your pay, which is noted on the Order Form.
5.3 If the VAT rate changes from the date of your order form to the delivery date of the service, we will change how much VAT you pay accordingly.
5.4 Payment for the first month of service/s is made in advance upon activation of the service. Your initial payment will be adjusted to reflect the days of service/s provided for the initial month. After this, we will generally charge you on the first day of each month, unless you indicate a different withdrawal date in your purchase order for the length of term noted on the Order Form. Services are generally provided the day after the order is confirmed and installation is completed, but may take up to two weeks due to availability limitations. You can request a future date, which needs to be indicated on the Order Form. We are aiming for delivery on the date indicated, but it is not mandatory.
5.5 You are responsible for the payment of all expenses incurred by you and anyone accessing your service.
5.6 If you wish to end to your contract during the Minimum Term noted on the Order Form, you may be charged an early termination fee.
5.7 If no payment is made prior to the due date, a re-connection fee will be added to your bill.
5.8 We may charge interest if your payment is late. If payment is not made on the due date, we may charge you interest on the past due amount at a rate of four per cent (4%) per year higher than the Westminster National Bank’s rate of interest. Such interest accumulates on a daily basis from the date of maturity until the date of the actual payment of the outstanding amount, either before or after the judgement. You are required to pay us interest as well as any late payment.
5.9 If you believe that an invoice is incorrect, please contact us immediately. No interest will be charged until the issue is settled. When the dispute is resolved, we will charge you interest on the amounts properly billed as of the initial due date.
5.10 Billing disputes should be brought to our attention via email to our billing team billing@fiberzone.net
5.11 Direct debit is our preferred form of payment, though we accept alternative methods of payment. If you decide to use direct debit for check-out and your direct debit information changes, you must inform us right away. Non-compliance with this instruction may result in suspension of your service.
5.12 If you decide to pay through direct debit, your order for the service entitles us to charge your debit or credit card. The authorization will remain in effect for up to thirty (30) days after receipt of your written notice ending our authorization.
5.13 We reserve the right to raise our fees under this agreement anytime. You can cancel the contract due an increase in price, unless such price increases are legislated or regulated.
5.14 Fiber Zone reserves the right to raise the service fees at or after every twelve (12) month period from the date the services started along with the annual percentage increase (if any) of the overall retail price index (all components, not including mortgage interest payment) collected and released by the National Office for Statistics.
5.15 Fiber Zone may also modify these terms and condition and any service which we have agreed on providing you.
5.16 Fiber Zone will inform you in writing and publish the revised terms on our website. You will be notified of proposed changes at least thirty (30) days prior to their coming into effect. Further use of the services beyond the notice period constitutes acceptance. With the exception of price changes where the change is materially detrimental to you, you may terminate this agreement pursuant to clause 11, with the addition of not having to pay an early disconnection charge.
5.17 Fiber Zone cannot be held responsible for any third party charges from other companies and organisations (such as telephone or content providers) that you may incur while using Fiber Zone’s service/s.
- Using the service/s of Fiber Zone
6.1 If there is a change to the information you provide on the Order Form or if the information you provide is inaccurate, we cannot be held liable for disruptions in the service that is provided to you due to such deficiencies. You have sole responsibility to notify us immediately of any changes.
6.2 You cannot use your services or permit the use of your services:
(a) obstruct or attempt to interfere, without authorization, with the functioning of a computer, prevent or impede access to a program or data retained on a computer or affecting the functioning of such a program or the reliability of such data
(b) in whatever way that seems to us prejudicial or liable to harm us, to provide services to you or any of our clients as well as other users of our network or
(c) in such a way to damage our reputation or the reputation of any company within the group, the services provided by us or discredit us or any other company, our services or our network or
(d) through a device that enables these services to be routed on, from or to our network
(e) for sending, communicating, receiving, uploading, downloading or for the use of any material or making insulting, threatening, outrageous, slanderous, indecent, inconvenient, unnecessary anxiety or are aimed to deceive
(f) to upload, possess or otherwise transfer illegal material
(g) violating or infringing an individual’s rights or property including copyright and all additional intellectual property rights, privacy and confidentiality
(h) commit to criminal, illicit or illegal or deceptive activities
6.3 Intellectual property rights over any content, software or other equipment (“Fiber Zone Materials”) that we provide to you belong to us or to our suppliers. We award you with a license to use the Fiber Zone Materials for the purpose of receiving and benefiting from the services, however you must agree not to copy, change or post the Fiber Zone Materials and you make a commitment not to share Fiber Zone Material to another person.
6.4 If we find that you use our network in an improper manner, we may suspend your use of our network and remove any material (including harmful material to the interests of others) placed on our servers by you or other users who are found to be in breach of this contract.
6.5 You are liable for all claims and losses that are in any way connected to the misuse of our service/s bound by this contract. Furthermore, you agree to compensate us if we suffer losses due to your misconduct.
6.6 We may vary the internet address that is initially allocated to you unless static IP address is ordered. The internet address (amended or not) belongs to Fiber Zone at all times. Selling or transferring the internet address to a third party is forbidden as you are provided with a non-transferable licence. This licence is valid for the duration of your contract that is set out on your Order Form.
- The Service/s
7.1 We will demonstrate reasonable competence and care to provide you with this service however, because of the nature of the internet, we cannot guarantee that the services will function at all times without error.
7.2 In order to receive the service you need, you must ensure that your equipment, such as your computer or device (mobile phone or tablet) connects to the equipment using an ethernet or wi-fi connection.
7.3 It must be noted that the true speed and efficiency of the service you are experimenting with will be determined by a number of factors, a few of which are beyond our control. Consequently, we cannot ensure that the highest transmission rates can be achieved at all times; nor can we guarantee that, when you qualify for a speed upgrade, the upgrade can be successfully completed within the specified time frame. However, we will make reasonable efforts to advise you of any problems and endeavour to resolve them as soon as reasonably practical. Due to the fact that some of our services are provided by third-party networks, we cannot be held responsible for errors beyond our control.
7.4 Service or equipment failures should be reported to us at the earliest opportunity. To avoid any doubt, any formal complaints brought to our attention will be the subject of an investigation from the date the matter was first recorded. If you are not satisfied with the time frame for resolving the fault or the manner in which the fault was dealt with, you can file a complaint.
7.5 We do not guarantee security on the internet and advise you to use additional security products such as anti-virus and firewalls software.
7.6 We do not guarantee the safety of the service from illegal or unauthorized access or usage. You understand and acknowledge that access to this service and its use is at your own risk.
7.7 When we give you usernames and passwords enabling you to access the services, you agree that you are solely responsible for maintaining the confidentiality and security of this information at all times.
7.8 You should not try to modify any Fiber Zone usernames provided. If you believe that any Fiber Zone username(s) or password(s) have become known in an unauthorized manner, you must notify us immediately.
7.9 We may require you to install software on your computer, but we will not call you and ask you to do so unless you have asked us to. All data must be recorded and backed up before installing this software. The software will provide us with access to your computer so that we can diagnose and resolve any issues you may encounter. If you do not install the software, it is possible that we cannot solve such problems and we will not be responsible for any problems you may encounter as a consequence.
7.10 You or ourselves may need to change your computer settings to operate It with our broadband fiber service. You should make sure those changes do not invalidate your computer’s security. If this is the case, we will not be responsible for any modifications made by yourself, us or our representatives.
7.11 You should still backup your data from loss and corruption. Any data loss which has not been backed up appropriately will not be our liability.
- Moving premises
8.1 If you plan to move and wish to transfer your account to your new premises, you are responsible for notifying us thirty (30) days in advance of your relocation, so that we can try to ensure that your services are transferred to your new space with minimal disruption. The delivery of services in your new location depends on the availability of network coverage.
8.2 Upon receiving the notice, we will notify you whether it is possible to transfer the services to your new address:
(a) if we continue to provide services to you at your new address in accordance with this agreement, you will be subjected to an additional length of time, which will begin on the day we start offering services to your new address
(b) if you relocate for the minimum period of time and we are not able to activate the services, because of a lack of network coverage, due to any reason in your new location, your services may be cancelled. However you will be required to pay the entire fee you would have paid for the minimum period of its natural expiration
(c) if we are able to transfer the services, we will make necessary arrangements to have them transferred to your new address
8.3 If you move to a new address where there is no installed network device, you may be liable for a charge.
- Service disruptions
9.1 Maintenance and support work are aimed to be conducted overnight and reasonable notice is provided via email prior to any work. Urgent or emergency work are exceptional circumstances where giving reasonable warning may not be possible.
9.2 We always aim to carry out diagnosis and repair work withing the timescale noted in our Service Level Agreement, that is subject to amendments and updates from time to time. Your Order form has your chosen level of service which applies to this contract.
9.3 If the supply of service/s is suspend by us because:
(a) miss to pay your charges on or before the due date
(b) non-compliance with acceptable use policy or misuse of network
(c) breach this contract in any way, or any guidelines and laws that are associated with using our network
we cannot be held liable for the loss of service/s and a reactivation fee may be charged after the suspension period ends.
- Limitation of liability and right to suspend or end service/s
10.1 In order to receive the service you order, you must ensure that your equipment, such as your computer or device connects to the equipment using an ethernet or wi-fi connection. We cannot be held responsible if the service/s Fiber Zone provides cannot be used because of the limitation (non-compatibility, fault) posed by your equipment (laptop, mobile device, printer, switch, LAN, network interface card or other equipment) or relevant standards and specifications are not met or due to faults in any third party networks that we have no control over.
10.2 We cannot be held liable for any loss or damage to your data and your equipment due to access to the Internet while using our service/s as we have no control over data that passes to or from you over the Internet.
10.3 We in no way exclude or restrict our liability to you when it would be illegal to do so. This comprises of our responsibility in the event of death or injury resulting from our negligence or the negligence of our employees, officers or subcontractors: in respect of fraud or false representation, for violation of your legal rights with respect to faulty services and products pursuant to the Consumer Protection Act, 1987.
10.4 You agree to not resell or replenish the services, free of cost, in cash or equal in monetary terms, without our prior written consent.
10.5 We are not responsible for corporate losses. We do provide services solely for your business.
10.6 We cannot be held responsible for any direct, consequential or indirect loss and damages of any kind arising from this Contract (such as loss of profit, business, sales, turnover, contract, or customers, staff time, damages to reputation and liabilities in relation to any other contracts).
10.7 We cannot be held responsible for losses and damage that arise from an incident that is beyond our control. In case when we are at fault of the suspension of your service/s, the Service Level Agreement is to be referred to. Subject to clauses 10.1,10.2,10.3,10.6 claims that may arise for all other claims under this contract (due to breach of contract, negligence, misrepresentation or for any other reason not including fraudulent misrepresentation) is limited to sum of charges you paid in the preceding 12 months before your claim.
10.8 We may suspend, limit or discontinue all or part of the services in the following circumstances:
(a) any person whom you authorize to deal with us on your behalf shall act in a manner with respect towards our staff or agents that we find reasonably inappropriate
(b) you break or we reasonably suspect that you have breached any material terms of this agreement (including failing to pay your bill within three (3) days of being reminded) and if you are capable of rectifying the situation, you have not done so in three (3) days (or any other longer period specified by us) of our request
(c) to make modifications to the service as required by you or notified by us to you
(d) we suspect that your service or credit or debit card was used in a fraudulent manner
(e) we no longer have the ability to provide a full or partial service
(f) we are obliged to do this for legal or regulatory grounds or to comply with an order, Government direction or request, an emergency response agency or other appropriate administration, lawful or regulatory authority
(g) our system is failing or in need of service, improvement or emergency work (our goal is to give our clients as much advance notice as possible in the event of such work)
10.9 Where a service is suspended, restricted or disconnected in accordance with clause 10.8 (e)-(g) above we will attempt to minimize the impact that has on your broadband service and will reinstate the service as soon as possible.
10.10 If a service is suspended, restricted or disconnected by us, your agreement will remain (except for termination in accordance with clause 11) and unless that suspension is provided for in clause 10.8 (e), (f) or (g) we may request that you pay your reasonable fees and expenses for the suspension, restriction or disconnection of services and their resumption.
- Termination of this contracts
11.1 Your contract is binding for the duration of the Minimum Term outlined on the Order Form. If you terminate this agreement, you will be required to pay all unpaid fees until the remainder of your notice period.
11.2 If you wish to cancel any services or your agreement made with us, please get in touch with us. Customer service will confirm which cancellation charges must be paid in connection with the cancellation.
11.3 Subject to clause 11.2, if you terminate the service or this contract before the expiration of the service’s minimum term (not within the cooling off) you will be required to pay an early disconnection charge for your service in order to compensate us for discontinuing the service earlier. Refer to Fiber Zone’s Legal section for more details regarding the cancellation policy.
11.4 The agreement may be terminated right away by written notice if;
(a) you are legally entitled to terminate the contract by reason of wrongdoing
(b) we have notified you of an up coming change to the service or these terms and conditions, to which you disagree, as stated in clause 5.14 only
(c) the services were suspended due to technical reasons, or let you know that we will suspend them for technical reasons, in each case for a period greater than five (5) days
(d) there is a potential for significant delays in service delivery due to events beyond our control
(e) we have made you aware of a mistake in the description or price of the service that you have asked for and do not want to continue
11.5 We can terminate any service or arrangement without delay if
(a) we have the right to stop, limit or discontinue any service under clause 10.8-10.11 above
(b) we have the express right to do so pursuant to another section of this agreement
(c) you are the subject of a legal application or insolvency application, or an insolvency practitioner requests a provisional order from the court under the insolvency Act 1986 (with successive amendments) or suggests a voluntary agreement under this Act, or if you become bankrupt, or if you enter into a settlement or arrangement with or on behalf of one of your creditors, if a lawsuit is brought or threatened against your property, or any similar measures
(d) we have a cause to believe that you gave us false information, incorrect or deceptive information in order to obtain the equipment/ or services on our behalf, or at any point in the course of providing the service
(e) we believe that you or any other person in your household has committed or could commit, any fraud against us, or any other individual or organization, either through the use of the service or equipment (or both)
(f) any authorisation under which we are authorized to connect, service, change or replace the equipment ceases for any purpose
(g) you do not authorise us, in a reasonable period, to distribute the equipment to you or recover it from us
(h) you fail to make agreed payment when it is due and do not make the payment within seven (7) days of reminders served by us
(i) you breach any material terms and conditions of this agreement and, if you are capable of putting things back in order, you have not done so in seven (7) days (or any further periods as we may indicate) of our request
(j) you do not authorise us, in a reasonable time, to access your premises to provide the service and/or dispatch any equipment required for your service
- Return of the Router
12.1 The router that is used to connect you to our service/s must be returned in 14 days after the of this contract to:
Fiber Zone – Returns, 277 Anlaby Road, Hull, HU3 2SE
12.2 It is your responsibility to ensure that the router reaches us in good working order. If the router fails to reach our Returns department within 14 days, you will charged for the fee of a new router.
12.3 Returned routers are examined and tested upon receipt and if it is found to be damaged (other than general wear and tear), then you will be charged the full price of the router using your regular payment method.
12.4 Please note that the Fiber Zone Network equipment that is initially installed shall remain on the premises and it is not to be returned.
- Data protection
13.1 We may record and monitor conversations that you have with us for compliance and training purposes.
13.2 Your personal data is used in accordance with our Privacy Policy.
