FibreNest Code of Practice
- Part 1 — General Service Obligations
- 1. About FibreNest and this Code of Practice
- 2. Our Services
- 3. Ordering our Products and Services
- 4. Terms and Conditions
- 5. Minimum Contract Period and Cancellation of Services
- 6. Price Lists
- 7. Billing
- 8. Support
- 9. Moving Premises
- 10. Complaints
- 11. Automatic compensation scheme
- 12. Number porting
- 13. Number porting compensation policy
- 14. Directory Entries
- 15. Nuisance calls
- 16. Services for people who are disabled or vulnerable
- 17. Data protection
- Premium Rate Service (“PRS”) and Number Translation Service (“NTS”) calls
- 18. Introduction
- 19. Phone-paid Services Authority (PSA) and PRS
- 20. How to complain to PSA
- 21. Finding information about our premium-rate service (PRS) tariffs
- 22. How PRS works
- 23. How to bar access to PRS numbers
- 24. Disputes about PRS numbers on your phone bill
- 25. NTS and PRS Charges
- 26. Internet diallers
- 27. The Telephone Preference Service (“TPS”)
- Part 3 - Useful addresses
Part 1 — General Service Obligations
1. About FibreNest and this Code of Practice
1.1 Fibrenest Limited (‘FibreNest’, ‘we’, ‘us’ or ‘our’) is a communications provider that provides various internet connectivity and telephony Services to residential customers on certain Persimmon Group Developments in the United Kingdom.
1.2 The purpose of this Code of Practice is to inform you about our procedures and Services, and customer care policies.
1.3 FibreNest is registered with the Ombudsman Service who provide an independent dispute resolution service in the telecommunications sector. For more details, see the Complaints section of this Code.
1.4 References to “Website” mean our web presence at www.fibrenest.com, including any associated website, web-page, or sub-page of that site. This includes the FibreNest portal, which you will have access to once you create an account with us when you become a FibreNest customer.
1.5 Note: the definitions set out in Annex 1 to the Terms and Conditions shall apply to this Code of Practice.
1.6 References to information or notices being “written” or “in writing” includes those sent by email.
1.7 This Code of Practice is available on our Website and also available in PDF form upon request. For disabled or vulnerable customers, we can also provide it in alternative formats (please see section 16 of this Code).
1.8 How to Contact Us
- Phone: Customer Services — 0333 234 2220 (available Monday to Friday, 8am - 8pm and Saturday 9am to 5pm)
- Email: email@example.com
PO Box 745
2. Our Services
2.1 We (with the assistance of our Partners) provide high-speed fibre broadband internet access and voice over internet protocol (VoIP) telephony services. You can get information on our current Services and Charges by visiting our Website by calling us. For details on how to get in contact, please see the ‘How to Contact Us’ section of this Code.
3. Ordering our Products and Services
3.1 This can be done through our Website or by calling us. For details on how to get in contact, please see the ‘How to Contact Us’ section of this Code.
4. Terms and Conditions
4.1 The Contract for the Services we sell are based on our standard Terms and Conditions set out at www.fibrenest.com/policies. These Terms and Conditions are shown to you on the Website during the purchasing process, or are sent to you when you become a FibreNest customer if you purchase our Services over the phone. To sign up as a FibreNest customer, you must read and agree to these Terms and Conditions and supporting documents that, together, constitute your Contract with us.
4.2 You can view a copy of our standard Terms and Conditions online (and download a copy) on our Website or you can request a copy by emailing firstname.lastname@example.org.
5. Minimum Contract Period and Cancellation of Services
5.1 As set out in the Terms and Conditions, you have the right to cancel your Order within 14 days from the day after: (i) the Commencement Date; or (ii) the receipt of the Conditions; whichever is later; without incurring any Early Termination Charges. If you wish to cancel your Order, you must do this by notifying us via email at email@example.com. Please note that if you’ve agreed to, and we have already starting to provide the Service by the time you cancel it, you'll have to pay us the full cost of the Services you've received up to the point when you notify us.
5.2 All Services we sell have a minimum contractual commitment period of 12 months.
5.3 Unless special circumstances exist (as detailed in our Terms and Conditions), if you want to cease your Service(s) before the end of the relevant minimum contract period, you must pay an Early Termination Charge. The Early Termination Charge is the amount you would have paid had you kept the Services for the remainder of the minimum contract period.
5.4 Once the minimum contract period has expired, you can end your Contract at any time by giving us at least 30 days’ written notice by email to the appropriate contact details listed above. If you give us notice that you wish to end your Contract then you should make arrangements to switch to an alternative VoIP telephony service provider before the end of the one month notice period you give us. You do not need to wait until the end of your notice period to switch to another service provider (but you will be responsible for all Charges associated with your Services up until the end of the notice period).
5.5 At the end of your 30-day notice period, your right to use the relevant Services will end. If you do not take steps to secure equivalent services from an alternative communications provider, you will be left without a broadband connection and phone service after this time.
5.6 Where your contract has been terminated and we hold money on account for any Services paid for in advance, we will refund the that money held on account, less all outstanding charges you owe us.
6. Price Lists
6.1 We will give you at least 30 days’ notice in writing of any increase in the price of your FibreNest Services.
6.2 The current call Charges that apply are available on our Price List.
7.1 Invoices for the Services you buy will be provided to you by email. Paper-based invoices are also available on request.
7.2 Unless our Terms and Conditions say otherwise, we will bill you monthly in advance for Broadband Service and monthly in arrears for your Telephony Service.
8.1 For account related queries and complaints, please contact Customer Services on: 0333 234 2220 (option 2).
8.2 If you have a technical query or need to report a loss of Service, please contact our Support Team on: 0333 234 2220 (option 3).
If you experience a problem with your Services, please contact our support team by calling Customer Services. One of our Support Team will discuss the problem with you and work with you to resolve the problem. Our Support Team may require you to undertake diagnostic tests so that they can diagnose the fault. However, in some circumstances it may be possible to correct a fault over the phone. Where this is not possible, we will send one of our engineers to your property to assess and try to correct the fault. We will try to resolve the issue by midnight on the second working (not including Public or Bank Holidays) after the day you report the fault to us. Any fault investigation or repair work or installation of a new line, shall usually take place between 9am – 5pm Monday to Friday, excluding Public and Bank Holidays.
9. Moving Premises
9.1 If you move house (either during or at the end of the Minimum Period) to a property that is not on a Persimmon Group Development, or to a house on such a Persimmon Group Development where we have not built our Network, you will not be able to migrate the Broadband Service or Telephony Service to your new home. For details of the Early Termination Charges that may be payable, please see the Price List. To check whether we can continue supplying the Services, please contact our Customer Services team on 0333 234 2220 in advance of your move.
10.1 We are committed to providing an excellent Service and we try to deal with all complaints and concerns fairly and within a reasonable period of time.
10.2 If you are dissatisfied with any aspect of our Service, please contact us so we can investigate and do all we can to resolve the issue. If you are a vulnerable or disabled customer and require additional support, please advise us of the additional support you require when you make the complaint (for example, if you wish to appoint a third party to be the primary point of contact for the complaint).
10.3 When a complaint is made, the procedure we will follow is:
- A. In order to submit a complaint in the first instance, please contact us via one of the following means:
- B. If you are unhappy with the way in which your complaint has been handled in the first instance, you may contact the support team and ask for the matter to be escalated (quoting your case reference number). They will aim to resolve your complaint within 48 hours.
- C. If the issue has still not been resolved to your satisfaction, you should contact the support team and request that the matter is escalated to a manager. If the manager is available at that time, they will speak to you to try to resolve the matter. If they are not, we will agree a time by when you will receive a call from the manager.
D. As part of investigating and addressing any complaint you make, we will inform you in writing about the outcome within 7 working days of the investigation ending. Where the matter remains unresolved after following the steps above, or if you would like to give us feedback on your customer service experience, you can raise a formal complaint by phone, email or letter. When doing so, please ensure you provide the following:
- i. Name, address and contact number
- ii. Case reference number (if applicable)
- iii. Details of your complaint
- iv. A suggestion of what you would like us to do to resolve the issue.
Write to: FibreNest Feedback, Persimmon House, Fulford, York YO19 4FE
Your complaint will be allocated to a member of the leadership team who will acknowledge receipt of the case and contact you accordingly. We aim to resolve all such complaints and issue a final response within 10 days of you raising it.
10.4 In all cases, we ask that you mention your incident reference number in all correspondence and that you work with our team to resolve your concern. In the unlikely event that your complaint has not been resolved by FibreNest to your satisfaction within a period of eight weeks, or if, during the process of investigating your complaint, you believe the situation has reached a deadlock, you may refer your complaint to the Ombudsman Service for independent consideration. Where your complaint has not been resolved to your satisfaction within eight weeks or you notify us that you believe the situation has reached deadlock, we will send you an alternative dispute resolution letter or “ADR letter” explaining your right to refer your complaint to the Ombudsman Service. The Ombudsman Service will make an independent decision based entirely on the merits of the complaint, free of charge.
10.5 More information on the Ombudsman Service is available on their website www.ombudsman-services.org/sectors/communications. You can call them on 0330 440 1614, email them using the email address firstname.lastname@example.org or you can write to them at the following address:
Ombudsman Services: Communications
PO Box 730
10.6 In addition to the above, the European Commission has established a web-based platform to allow consumers to deal with contractual disputes. Access to the portal is available through the following link: http://ec.europa.eu/consumers/odr/. You may also contact us via email at: email@example.com.
10.7 Alternatively, you may wish to contact the Citizen's Advice Consumer Service for independent, impartial and free service, although this process is outside our complaints procedure.
10.8 We will retain for 12 months certain data about any complaint you make. This data will include a record of the date on which the complaint was received, a description of what the complaint is about, all communications between us and you and the date on which the complaint was resolved or closed.
10.9 You can request a PDF of this Code of Practice (including the our Complaints Procedure) by emailing firstname.lastname@example.org.
11. Automatic compensation scheme
11.1FibreNest will pay customers in accordance with the Ofcom automatic compensation scheme, as amended from time to time.
11.2For more information about this scheme and circumstances in which FibreNest will make certain compensation payments to customers, please visit the Ofcom website (https://www.ofcom.org.uk/about-ofcom/latest/media/media-releases/2017/automatic-compensation).
12. Number porting
12.1 When you take a new Service with us or you switch your Services to us, you may request us to port your telephone number from another communications provider and we will try to do this where it is technically feasible. However, this may not always be possible. Where it is not possible to port your number in, we may have to provide you with a new number. For more information, please call Customer Services.
12.2 Customers should note that there may be a porting fee payable when you port a number to or from FibreNest. For more information, please see our Price List or call Customer Services.
12.3 You may request that we port your telephone number to another communications provider and this process is led by the communications provider you are transferring to. We must have in place with the other communications provider a porting agreement and the necessary technical measures before we can port your number. For more information about the process and the relevant timescales, please call Customer Services.
13. Number porting compensation policy
13.1 Compensation may be available if your number port to FibreNest is delayed.
13.2 To be eligible for compensation, there must be a qualifying delay in porting your telephone number(s) to us (as explained below).
13.3Where we approve your request to port your number to us, we will confirm the scheduled porting date to you in advance (‘Porting Date’). A qualifying delay occurs where your number port is not activated within one working day of the Porting Date. If this happens, for each day by which the Porting Date is missed, we will pay you 1/40 of the FibreNest porting fee you paid for the relevant porting order. Please note that the compensation is paid on a per order basis and not per number.
13.4Compensation will not be paid automatically. To enquire whether you are eligible for compensation, you should email email@example.com within 30 days of the date on which the relevant number port was activated.
14. Directory Entries
If you tell us, we will include your details in a national directory and/or directory enquiry service. Please call or write to us (please see our website for contact details) if you would like us to do so. There may be a reasonable charge for this service.
15. Nuisance calls
15.1 Nuisance calls can include the following: unwanted marketing calls (for example, live sales calls, recorded calls, silent or abandoned calls), spam and malicious communications. We refer to these as “nuisance calls”.
15.2 We take the problem of nuisance calls very seriously. We tackle it by working closely with the police and others in the communications industry.
15.3 If you have been a victim of nuisance calls, please call Customer Services to report the incident and we can provide you with advice on how to deal with it.
16. Services for people who are disabled or vulnerable
16.1 We are committed to helping all our customers to communicate easily. We offer the following additional services on request for customers who are older, or who may have a disability, including:
- text relay services;
- additional help and support if you have difficulty paying your bill;
- copies of bills in accessible alternative formats, such as in large print, on computer disc (or in Braille) for customers who have difficulty reading their bill;
- copies of this Code of Practice, FibreNest policies and Terms and Conditions are available in other formats on request; and
- You may also nominate a close friend or relative to contact us to manage your account, and if necessary any complaints.
16.2 We will also work with our network partners to provide a priority fault repair service as swiftly as practicable to customers who are vulnerable, have disabilities or who have a genuine need for an urgent repair.
16.3 For more information about the help we can provide to customers who are vulnerable or have disabilities, please consult our Accessibility and Vulnerable Customer Policy.
17. Data protection
Part 2 - Premium Rate Service (“PRS”) and Number Translation Service (“NTS”) calls
18.1 This Part 2 informs you about our policy on calls to PRS and NTS and how we charge for calls to these numbers.
18.2 Calls to fixed line numbers for NTS and PRS usually begin with: 118, 084, 0870, 0871, 0872, 070, 09. SMS short code, which are usually around five digits, usually begin with 2, 6, 7 or 8 (SMS stands for short message service).
18.3 Examples of the types of services you might call when you use these numbers includes competition voting for TV talent shows, entering TV or radio competitions and calling video chat services.
18.4 Calls to these numbers are typically more expensive than calls to other phone numbers.
19. Phone-paid Services Authority (PSA) and PRS
19.1 PSA is the industry-funded regulatory body for all premium-rate charged telecommunications services. It regulates premium-rate services through the PSA code of practice (the latest edition can be found on their website). PSA’s main role is to prevent harm to consumers.
19.2 PSA investigates complaints about the promotion and operation of services that involve the use of a telephone connection via a premium-rate number. This includes services available through various mediums such as voice (telephone), fax, Internet, mobile phone SMS and interactive TV.
19.3 PSA regulates the following services and promotions:
- numbers beginning with 090 or 091
- directory enquiry (DQ) services operating on numbers beginning with 118
- reverse-billed SMS (you are charged for receiving messages) containing content operating on shortcodes.
19.4 PSA can fine companies and bar access to services if its code of practice is breached. PSA can also bar the individual(s) behind a company from running any other PRS under any company name on any telephone network for a defined period.
19.5 PSA can deal with lesser problems by issuing formal reprimands or requiring companies to seek prior approval before offering a service.
19.6 Their service is free to consumers and is fully independent.
20. How to complain to PSA
20.1 If you think a particular service falls within PSA’s remit, you can submit a complaint to them. There are various ways of submitting your complaint, but, before you do, we recommend that you visit their online number-checking facility for instant information about the number in question. After that, please use one of the following methods:
- if you have a hard copy of the promotion in question (i.e. a page from a magazine), please supply your complaint in writing with a copy of the promotion to: PSA, FREEPOST WC5468, London SE1 2BR;
- by using their online complaint form (www.psauthority.org.uk); or
- by calling their free helpline on 0800 500 212 from 8am–8pm, Monday–Friday.
21. Finding information about our premium-rate service (PRS) tariffs
21.1 You will find up-to-date information about the tariffs for calling PRS numbers from our network on our Website.
22. How PRS works
22.1 Calls to PRS numbers are typically more expensive than calls to other telephone numbers. Most PRS numbers operate on the basis of a revenue-sharing arrangement. This means that the bulk of the revenue from calls to such services goes to the PRS providers who are responsible for the content, product or services provided or who act as resellers or ‘aggregators’ on behalf of a number of such providers. The PRS providers are responsible for complying with most of the obligations imposed by the PSA code of practice mentioned above.
22.2 The rest of the revenue is shared by:
- the network where the consumer dials the number – also known as consumer’s ‘originating’ telephone company (for instance our wholesale partner, which receives a small fee for origination of the phone call); and
- the network which connects the customers call with the PRS service provider – also known as the ‘terminating’ telephony company. The terminating telephony company contracts with the PRS provider to terminate these calls in this way.
23. How to bar access to PRS numbers
23.1 We offer the facility to bar calls to premium-rate numbers, which will stop any dialling on your line to all UK-based 0900-0909 premium numbers. If you want to place a premium bar on your line or need to check whether you already have an active bar in place, please call our Customer Services team.
24. Disputes about PRS numbers on your phone bill
24.1 PSA: Furthermore, the PSA may order a PRS service provider to pay you a refund if they have completed an investigation and the outcome requires this. If it can be shown that your phone has been used without your permission to call certain types of premium-rate service (e.g. live and recorded chat and live tarot services), the PSA may also be able to help you get compensation from the PRS provider.
24.2 The PSA will also be able to help you identify the service provider who provides the service behind the PRS number on your phone bill. Please visit its website at: www.psauthority.org.uk.
24.3 Ombudsman Services (Communications): of which we are a member, can investigate if you have a complaint that we cannot resolve about calls to PRS numbers appearing on your phone bill.
25. NTS and PRS Charges
25.1 We publish Charges for calls to NTS and PRS on our Price List.
25.2 You will note that we are unable to comment on the service charges payable for contacting a PRS provider as it will vary from provider to provider. We have, however, set out the access charges that arise from originating the call on our Network.
25.3 Our published charges for calls to number-translation services will include variations by time of day, for example, whether the call is made during the day, evening or weekend.
25.4 We will also make it clear whether any special offers, discount schemes or call bundles include calls to number-translation services.
26. Internet diallers
26.1 If you use the Internet, it is possible for software to be placed on your computer without you knowing using the same methods as for computer viruses. This type of software (known as Internet or rogue diallers) can then make calls to PRS and NTS numbers without your knowledge. The PSA has been given responsibility for policing this type of activity and you can contact them via www.psauthority.org.uk to ask for help or to report examples of this type of abuse. For other ways to contact PSA, see the ‘Useful addresses’ section below. We can also help by barring calls to 09 numbers.
27. The Telephone Preference Service (“TPS”)
27.1 If you don’t want to receive sales and marketing calls you have not requested, you can add your details to a list run by the TPS. If your number is on the list, it is unlawful for a company to call you for marketing purposes. You can contact the TPS via www.tpsonline.org.uk or by telephoning 0845 070 0707.
Part 3 - Useful addresses
Advertising Standards Agency Mid City Place, 71 High Holborn, London WC1V 6QT. Tel: 020 7492 2222. Website: https://www.asa.org.uk
Information Commissioners Office Wycliffe House, Water Lane, Wilmslow SK9 5AF. Tel: 0303 123 1113. Website: https://ico.org.uk/
The Ombudsman Services Communications (formerly Otelo) PO Box 730, Warrington, Cheshire, WA4 6WU. Tel: 01925 430870 or 0845 050 1614 email: firstname.lastname@example.org Website: www.otelo.org.uk
PSA Clove Building, 4 Maguire Street, London, SE1 2NQ. Tel: 0800 500 212 or 020 7940 7474 Website: www.psauthority.org.uk
Telephone Preference Service DMA House, 70 Margaret Street, London W1W 8SS Tel: 0845 070 0707 Website: www.tpsonline.org.uk
This document was published in [February] 2019 and was correct at the time of publication