Terms & Conditions v2
FibreNest Terms & Conditions for the Residential Broadband Service
Please take a few minutes to read the terms & conditions fully. They form a Contract between you and FibreNest for the Services which FibreNest provides. References in these Conditions to "we" or "us" shall be read as references to FibreNest.
In these Conditions, we refer to the Services. However, where you opt to purchase a single Service from us, the references to Services in these Conditions should be read as applying to that Service. By using the Services provided by us, you agree to abide by the Contract which governs the Services, our obligations and yours, as amended from time to time.
The cost to call an international destination is a function of many factors, several of which are outside our reasonable control and are therefore very difficult to fix for the duration of your Minimum Term. Common examples of such factors include arbitrary decisions made by the Government of the country called and foreign exchange rates. The cost for you to call a telephone number outside the UK (noting the UK excludes the Channel Islands, Isle of Man and any British Overseas Territories or Dependencies) is always shown on our website, accessible at https://www.fibrenest.com/pricelist and is updated daily.
For the duration of your Minimum Term, we shall only increase the prices to call non-UK destinations by any increase in our cost of supply. The rate you will be charged will always be the rate shown on our website on the day you make the call, which may increase from time to time. For example, this means that if your price to call a landline in Spain was 17 pence per minute yesterday and our cost of supply increases by 1 pence per minute, the new price on the website will be 18 pence per minute, which is the cost you will pay for a call today.
The definitions within Annex A shall apply to the Contract subject to the following Conditions.
1. Our Services
- 1.1. We will provide you with the Broadband Service and/or the Telephony Service in accordance with this Contract and as set out in our Service Description. You can choose whether to enter into a contract with us for the provision of one of our Services (i.e. the Broadband Service or Telephony Service) or for both Services.
- 1.2. The Telephony Service includes the Call Service and Line Rental.
- 1.3. The Broadband Service is available at various Transmission Speeds, as described in our Service Description. Different Charges apply for different Transmissions Speeds. For more details, please see our Price List.
- 1.4. The Services are intended for domestic and personal use only. As the Services are not provided for business/commercial use, we accept no liability for any loss which results from such use.
- 1.5. The Services will be provided to the residential address that you give to us. You can have one Service subscription per house.
- 1.6. The Services are only available within our Network footprint – which means it is only available at certain Persimmon Group Developments, at properties to which the Network has been built. Should we be unable to provide our Services to your address or need to carry out additional installation works before we can provide the Services to you, we will inform you as soon as is reasonably practicable after you place the Order.
- 1.7. To enter into a Contract with us, you must have the authority to register and place an order for the Service at your address and you must be 18 years old or over. You agree that the details you provide us with are complete, true and accurate. You are required to update us of any changes to your account information (including your email address) throughout the duration of your Contract.
- 1.8. As part of the registration and Order process, we reserve the right to carry out a credit check on you. We may refuse to provide the Services or limit the Services provided to you to on the basis of that check.
- 1.9. The Services will be provided to you for an initial Minimum Period of 12 months. Once the Order has been placed, we will send you an email which will confirm whether your Order has been accepted, to advise of the Commencement Date of the Services and other important information about the Services.
- 1.10. If, at any time during your Minimum Period (or if you are outside your Minimum Period), you wish to upgrade your Services you must do so by contacting Customer Services. We will arrange the upgrade as soon as is reasonably practicable, but will endeavour to complete this request within two working days (excluding Public and Bank Holidays).
- Availability of the Services
- 1.11. When we provide you with the Services, we will use the reasonable skill and care of a competent service provider, but it is impossible to guarantee that the Services will never be faulty. In all cases where a fault is due to circumstances or situations beyond our reasonable control, we cannot accept responsibility for failure to provide the Services.
- Availability of the Telephony Service
- 1.12. You will be able to access the Call Service and the emergency services using 999 or 112 using the Telephony Service. Subject to our regulatory obligations, you accept that if there is a power cut or a Broadband Service failure you will not be able to access Telephony Service which means you will not be able to call emergency services. Service failures may be caused by reasons outside our control.
- 1.13. You can use the Telephony Service to make international calls. However, calls to some or all international or premium rate numbers may be barred. Please refer to the Price List for details. If you need more information on making international calls and access to premium rate numbers, please contact Customer Services.
- 1.14. You cannot elect to use indirect access codes (i.e. codes which are dialled ahead of dialling a phone number to facilitate using another service provider) for some or all of your calls. If you endeavour to use such codes, we reserve the right to restrict or disconnect your Service.
- 1.15. You accept that you do not own any telephone number we make available to you under the Contract. You may request us to ‘port’ your number from another communication provider and we will try to do this wherever is reasonably practicable. However, you accept that this may not always be possible. In these circumstances, we may have to provide you with a new number. We will notify you before we change your telephone number.
- 1.16. Should you wish to change the telephony number provided to you by us, you may request this change by contacting our Customer Services (see the Contact Us section for details). Please consult the Price List for the Charge we may impose for changing your telephone number.
- 1.17. Part of your Telephony Service includes additional features such as Call Forwarding, Call Routing, Caller Display, Voicemail to email and Call Recording. For a full range of these features, please see the Website.
2. Using the Services
- 2.1. By using the Services, you agree that your use of the Services, or anyone who uses the Services at your address, must be in compliance with any relevant laws and/or regulations that apply and in accordance with these Conditions. You also agree to any changes we may make to these Conditions (in accordance with Condition 9), or the Services (in accordance with Condition 6), from time to time.
- 2.2. You will be registered as the primary user, but you are permitted to nominate additional users to manage your account, provided they are members of your household and they consent.
- 2.3. If you permit others (including minors) to use the Services, you are responsible for their use of the Website and Services.
- 2.4. You are responsible for ensuring that your account details and password remain secure – you are responsible for their use. This means that if you advise anyone of your account details and password, you will be liable for any additional Charges incurred by them. If you know or suspect that your account details and password have been compromised, or if you suspect or become aware that there has been a security breach, you must tell us immediately. In those circumstances, you must ensure that your password is changed as soon as possible.
- 2.5. You must comply with any instructions we give you about the Services and you acknowledge that we, our authorised contractors or our agents, may give you instructions from time to time which we (or they) believe are necessary for health, safety or the quality of the Services provided to you by us.
- 2.6. You, and anyone authorised by you to use the Services, must not use the Services:
- a) To make any calls, or send any messages or communications, that are offensive, abusive, defamatory (damages someone’s reputation), obscene, menacing or illegal;
- b) To cause annoyance, nuisance, inconvenience or needless worry to, or interfere with the rights of, any other person;
- c) To perform any illegal activity;
- d) To break, or try to break, the security of anyone else’s equipment, hardware or software;
- e) To deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
- f) To upload, post, publish or transmit any information or software that is protected by copyright or other ownership rights without the permission of its owner;
- g) To copy or distribute any software that we provide (but you may make a backup copy of any software that we provide for your personal use);
- h) To harm the service of another user or impersonate another user, whether on our Network or external to our Network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving notice;
- i) In a way that violates our Network’s security or any third party system or network security by any method, including (i) unauthorised access to or use of data, systems or network, including any attempt to probe, scan or test the vulnerability of a system or network; (ii) unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network; or (iii) unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system of network;
- j) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- k) To run open mail relays or open web proxies or similar services that can allow unknown third parties to use your connection to (possibly) commit unlawful acts without your knowledge or control;
- l) To modify identifying network header information in order to deceive or mislead;
- m) To intentionally impair or attempt to impair, without authorisation, the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data;
- n) To prevent legitimate users from using or enjoying the benefit of the Services or any other similar service, including but not limited to, attempts to 'flood' the Network or to disrupt users from connecting to, accessing or using the Services; or
- o) For the purposes of intrusion, or attempts to intrude, into the equipment and systems of any third party, or the mounting of any harassment campaign.
- 2.7. This list is not exhaustive and any act which adversely affects the FibreNest Network may result in FibreNest taking action to suspend or terminate your Contract in accordance with Condition 7 below.
- 2.8. We reserve the right to investigate any suspected violations of this Condition 2.
- 2.9. We may modify or temporarily suspend the Services, or part of it, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of the Services and we will restore the Services to you as soon as we can. Where possible, we will endeavour to notify you of such activities in advance.
- 2.10. We make every effort to ensure the security of your communications when you’re using the Services. You are advised that IP-based communications are inherently insecure. Unless you take additional security measures, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications will pass over third-party networks over which we have no control. The Broadband Service enables you to access the World Wide Web. You agree that we are not responsible for your use of any third-party content or services accessible via the World Wide Web.
- 2.11. If you use the Services to access third party content and services, you agree that you are responsible for protecting your personal information and electronic equipment from viruses and malware, and you are responsible for adhering to any applicable policies for those services and websites.
- 2.12. Our Services are provided to many customers and we owe them a duty as a whole to preserve our Network integrity and to avoid Network degradation. To protect our Network and maintain quality of service for all our users, in accordance with the Traffic Management Policy, we can temporarily or permanently control or restrict your online activities where such activities may have a detrimental effect on other customers' quality of service and it is reasonable for us to do so, e.g. sending ‘spam’ messages, file sharing or hosting a website.
- 2.13. In accordance with the Traffic Management Policy, we reserve the right to monitor and control data volume and/or types of traffic transmitted via the Services. In the event that you, or any person at your address that uses the Services, does not comply with this Condition, we reserve the right (at our sole discretion) to reduce, suspend or terminate your Services in accordance with Condition 7.
- 2.14. During any time of reduction or suspension, your Contract will continue and you shall reimburse us the costs and expenses reasonably incurred in restricting the Services and/or recommencing it (please see the Price List for the details). If we restrict your Services, we will not recommence them until you confirm that you will only use the Services as agreed in your Contract. If we exercise this right to restrict your access to the Services, it will not affect our right to terminate your Contract under Condition 7.
- 2.15. If we restrict your Telephony Service for any reason, in accordance with these Conditions, you will not be able to receive any incoming calls or make any outgoing calls (except for emergency calls).
- 2.16. If you wish to use a router or any other equipment that we have not supplied to you in order to access the Services, we cannot guarantee that the Services will work with them and we will not provide technical support in relation to the same.
- 2.17. We recommend that you install your own security software on your personal devices, computers and laptops, as we do not provide anti-virus software as part of the Services. FibreNest is not responsible for any consequences of your failure to employ appropriate security measures to prevent unauthorised access by any third party to the Services.
3. Using the equipment
- 3.1. If you take the Broadband Service, we will provide and install equipment (including the Router) at your residential address for the provision of that Service. If you only take the Telephony Service from us, we will still need to install equipment (including the Router) at your address; however, we will not provide you with a telephone handset for use with the Telephony Service.
- 3.2. We will endeavour to ensure that this equipment is properly installed at your home before you move in. However, if we are unable to complete the installation before you move into your home (i.e., the Commencement Date for the Services is set for a date where you are already living at your property); you agree to allow us access to your property to install the equipment. We will always try to take account of any requests regarding where we install the equipment at your address; however, for technical reasons, this may not always be possible.
- 3.3. If we are unable to activate your Services before you move into your property, as a goodwill gesture, we will lend you a mobile Wi-Fi unit which will enable you to access a wireless internet connection (subject to mobile coverage in your area) until your Services go live. This is a data only SIM; you will not be able to use the mobile Wi-Fi unit to access voice services. We will lend the mobile Wi-Fi unit to you with a pre-loaded data allowance free of charge – we will advise you of your data allowance when the mobile Wi-Fi unit is issued to you. Once your Services are activated, you are required to return the mobile Wi-Fi unit, original packaging and any accessories to our on-site sales office within 10 working days. If you do not return the mobile Wi-Fi unit to our sales office, we reserve the right to charge you for the mobile Wi-Fi unit in accordance with our Price List. Use of this alternative and temporary means of wireless internet connection will not affect your rights under Condition 7.14-7.17.
- 3.4. Once the equipment is installed at your residential address, you agree that you are responsible for any loss of or damage to the equipment, regardless of how it happened. This equipment remains the property of FibreNest at all times. We will charge you for any loss of, or damage to, the equipment in accordance with the Price List.
- 3.5. You must comply fully with the reasonable installation instructions and advice that we provide to you in relation to the equipment provided. You must not modify, or in any way interfere with, the equipment we provide you with. You must not allow any alterations or repair to be conducted by you or a third party to the equipment, unless it has been authorised by us.
- 3.6. If you use or connect your own equipment, you are responsible for ensuring that if it connects to our Services, it is in in good working order and conforms at all times with all applicable regulations and laws. You are responsible for taking appropriate measures to keep your equipment and data secure when it is connected to the Network. You agree to provide us with any information about your equipment that we reasonably request.
4. Faults affecting the Service
- 4.1. You agree that you will tell us about any fault on the Services by calling, emailing us or via the Website (please see the Contact Us section for details). We will always aim to respond as promptly as possible.
- 4.2. Customer Services will assist you in resolving the fault in relation to the Services and/or the equipment. We will not provide any assistance for faults that arise in relation to other hardware or software that you have purchased for personal use at your address. Any calls to Customer Services may be recorded or monitored for training and other purposes.
- 4.3. In order to resolve the issue, the Customer Service representatives may call you to resolve the issue. Our Customer Service representatives may require you to undertake diagnostic tests so that they can diagnose the fault. You agree to follow reasonable instructions and undertake those diagnostic tests.
- 4.4. In some circumstances it may be possible to correct a fault over the phone. If this is not possible, we will send an engineer 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.
- 4.5. 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. Where we need to attend and require access to your address, you agree to provide reasonable access for us to do so. We try to meet the appointment time which we agree with you however, if we need to change the time and/or date, we will notify you of the changes as soon as possible.
- 4.6. You agree to follow the reasonable instructions that we may give you to allow our engineers to access your address. You also agree to ensure that the space that our engineers need to work in is clear of any hazards (including any furniture or any other breakables) before our engineers arrive.
- 4.7. You authorise us to install and keep installed our equipment at your address and you agree that we and our employees, agents or contractors may enter your home so that we can carry out any work that is necessary for us to connect, maintain, alter, replace or remove any equipment necessary for us to supply the Services that you and/or, anyone you’ve authorised to make changes to your account, have asked for. You must also ensure that someone aged over 18 years of age is present at the address when you allow access.
- 4.8. We always try to cause as little disturbance as reasonably possible when carrying out any work at your address and we agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause to your home.
- 4.9. You will be responsible for the reasonable costs of engineer call outs, replacement equipment and/or labour charges if, for example, you agree a time for an engineer to attend your home and are not present when they attend, or if you have been found to have tampered with our equipment which has caused a fault with the Services. Details of the Charges that may be payable can be found in our Price List.
- 4.10. Except in the case of fraud, or where our negligence has caused death or personal injury, we will not pay more than £3,000 or 150% of the Charges in the previous 12 months, whichever is higher, for a claim or series of related claims.
5. Payments and billing
- 5.1 The Charges shall be effective from the Commencement Date of the Services. You will be charged in accordance with the Contract until the Services are terminated by you or us in accordance with Condition 7.
- 5.2. All Charges incurred by you will be set out in the Price List. You agree that you must pay all of the Charges incurred by you, or any other person that uses the Services at your address.
- 5.3. If you request any additional equipment, you will be charged in accordance with the Price List.
- 5.4. Usually within 30 days of the Commencement Date, we shall prepare and send you a bill for the Services. Thereafter we will normally bill monthly in advance for the Broadband Service; whilst for the Telephony Service, we will bill you monthly for the previous month’s use of the Service. However, we may, at our option, invoice at any time for Services we have provided.
- 5.5. Unless you contact us to request itemised billing, the bills you receive will only set out the total of the Charges incurred from your use of the Services.
- 5.6. You will receive bills in electronic form. If you request that we provide you with paper bills, we reserve the right to charge you an additional amount for doing so (please see the Price List for details). We can provide bills in alternative formats for customers with a disability or those who require additional support, if those customers request it. Please see our Code of Practice or speak to our Customer Support for more information.
- 5.7. Bills must be paid by direct debit.
- 5.8. We will collect each bill payment from the bank account that you register with us on the payment date shown on your bill. This date will be on or around the same time each month, unless we otherwise notify you in writing in advance. Unless we expressly agree otherwise, any and all Charges are inclusive of VAT.
- 5.9. If payment is not made at the nominated time, or a direct debit dishonoured, we reserve the right to suspend and/or terminate your Services in accordance with Condition 7. We may charge you a reasonable fee if you miss payments that you owe us; we also reserve the right to charge you a reconnection fee to reinstate your Services once the outstanding Charges have been paid (please see the Price List for details). You will also be responsible for all reasonable debt recovery fees/charges incurred in recovering your debt, in addition to those charged by us and set out in the Price List. We will notify you in writing (either by email or letter) before taking action to suspend or terminate the Services, apply the fees mentioned in this clause, and/or instruct a debt collection company.
- 5.10. Upon termination of any Services for whatever reason, all outstanding sums owed and any cancellation charges (including any Early Termination Charges if you are within your Minimum Period) arising as a result of the termination will be treated as a debt and shall become immediately due and payable. For details of the applicable Charges, please see the Price List.
6. How we change the Service
- 6.1. We will provide the Service as described in the Service Description, from time to time, and make it available on our Website. We can change, replace or withdraw the Service for any of the reasons stated at Condition 6.2 and 9.
- 6.2. Where we make changes to your Services, we will update the Service Description. We will give you at least 30 days’ notice in writing if:
- a) We make changes to, impose new, or increase the Charges payable for your Service. This notice does not apply where we reduce your Charges (in which case we’ll notify you by another suitable method);
- b) We change or withdraw your Service; and/or,
- c) We are required to make any changes to the Service, or the Charges incurred, by law or if any regulatory authority requests or requires a change to any aspect of our pricing, including to reflect a change in the rate of VAT or other applicable taxation charge or levy, which affects your Charges directly or our pricing structure generally.
- 6.3. If you are materially disadvantaged by the changes in accordance with Condition 6.2(a) and 6.2(b), you can contact us and terminate your Contract in accordance with the process set out at Condition 7.8(a).
- 6.4 If we withdraw any/all your Services under Condition 6.2(b):
- a) we will move you on to the nearest equivalent Service, unless you notify us that you wish to move to another Service within 10 working days of receiving our notification. If this happens during your Minimum Period, the price of your relevant Services will not increase before the end of your Minimum Period.
- b) and the level of service provided to you is reduced, and you are materially disadvantaged by this, you may notify us that you wish to move to an alternative Service; or terminate your Contract in accordance with the process set out at Condition 7.
- 6.5 If we change your Services, or increase prices in accordance with Condition 6.2(c), you will not be entitled to terminate your Contract during the Minimum Term without incurring Early Termination Charges.
- 6.7 We will update the prices on the Price List on at least 30 days’ notice before any price increase takes effect under this Conditions 6.2.
- 6.8 The Transmission Speed is the maximum potential speed of your Broadband Service. We do not guarantee the Transmission Speed and the Transmission Speed estimated at point of order may be different to what you actually receive. Please note that "upload speeds" will always be slower than "download speeds". We can provide further details of the same upon request. Your browsing experience is dependent on a range of factors, such as the response times of the web pages you are accessing. For more details about the Transmission Speeds offered, please see the Price List and Service Description.
- 6.9 Subject to Condition 6.7 if we reduce the level of service provided by your Services, or if we increase the monthly charge for your Services and you are materially disadvantaged by this, you may give us notice that you wish to end this Contract under Condition 7, even if you are within your Minimum Period.
7 How long your Contract will last and how it can be cancelled
- 7.1. The Services will be provided to you for an initial Minimum Period of 12 months.
- 7.2. If you seek to end your Contract during the Minimum Period under your Contract, you will be liable to pay the Early Termination Charges for the Services, unless you have a right to do so under this Condition 7.
- 7.3. 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 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.
- 7.4. If your Contract continues after your Minimum Period, your Contract will change to a rolling monthly Contract. It will continue until you or we seek to end it in accordance with this Condition.
- 7.5. The equipment we install in your property remains the property of FibreNest at all times. If you seek to terminate your Contract with us, you agree to leave the Router in situ after the end of your Contract. If you remove the equipment without our consent; we reserve the right to charge you for a replacement.
- 7.6. If you seek to terminate your Contract with us for any reason, you must give us 30 days’ notice to cancel your Services. You must do this by notifying us in writing – please see the Contact Us Section for details. However, if you are still within your Minimum Period, Condition 7.8 applies.
- 7.7. We may end this Contract at the end of or after your Minimum Period by giving you 30 working days’ notice in writing at any time.
- 7.8. As detailed above, if you terminate the Contract during the Minimum Period, subject to Condition 7.9, you will be required to pay us the Early Termination Charge. We will notify you of the total Charges payable and when they will be due in writing. Unless agreed otherwise, we will take payment for the total sums due from the card details provided when you signed up for your Contract with us.
- 7.9. Subject to Condition 7.8, you may terminate this Contract at any time without incurring Early Termination Charges:
- a) by giving us at least 30 days’ notice where you have a right to end the Contract under Condition 6.2(a) and (b).
- b) by giving us at least 30 days’ notice where you have a right to end the Contract under Condition 9.4.
- c) where you are exercising your statutory rights to cancel in your Cooling Off Period 7.14 – 7.17.
- d) by giving us at least 30 days’ notice where we are in material breach of our obligations.
- 7.10. If you cancel your Contract with us, you will be responsible for transferring to another service provider. If you do not do this, you may be left without any Services.
- 7.11. We may immediately suspend the provision of Services to you and/or terminate this Contract without compensation (including if during the Minimum Period) if:
- a) you have missed any payments owed to us or break any of the Conditions; we have reason to believe that you have provided us with false, inaccurate or misleading information;
- b) you become bankrupt, enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
- c) we have reasonable grounds to suspect that you are engaged in fraud or any other unlawful activity;
- d) we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority; and/or,
- e) if, at any time, one of our suppliers ceases to provide services such that we are unable to provide any of the Services to you.
- 7.12. For non-serious breaches of these Conditions we will issue you with a formal written warning specifying the details of the breach and give you an opportunity to put things right, which you will need to do within 7 days of receiving written notice from us. If you do not remedy the breach, we reserve the right to temporarily suspend the Services and/or terminate the Services. For more serious breaches, we may exercise our right to suspend and/or terminate your Services immediately and notify you of such action as soon as practicable thereafter. Following the remedy of a breach, if we reconnect your Services, we reserve the right to charge you a reconnection fee, as detailed in our Price List.
- 7.13. If your Contract has been terminated by you or us; if we hold money on account for any Services paid in advance, we will refund the excess of such payments after the settlement of all of your outstanding Charges owed to us.
- Cooling Off Period
- 7.14. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as may be amended from time to time), you have the right to cancel your Order within the first 14 days from the day after the: (i) the Commencement Date; or (ii) the receipt of the Conditions; whichever is later; without incurring any Early Termination Charges.
- 7.15. If you wish to cancel your Order, you must do this by notifying us via email – please see the Contact Us Section for details.
- 7.16. If we've already started providing the Services by the time you cancel it, you'll have to pay us the full cost of the Services you've received prior to the point at which the Services are ceased. In this situation, any discounts that were offered to you and applied to your account when you signed up for the Services will not be applied to the period you received the Services: you will be charged for the full cost of the Services you received up to the date that the Services are ceased.
- 7.17. If you’ve paid for Services in advance, we will refund the excess of such payments after the settlement of all of your outstanding Charges owed to us. We will process the refund due to you as soon as possible and in any case, within 30 calendar days from your notice of cancellation.
8. What we are not liable for
- 8.1. Nothing in this Contract will limit or exclude any liability we may have to you for death or personal injury as a result of our negligence or that of our agents, employees or sub-contractors; fraud or fraudulent misrepresentation; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- 8.2. No company nor its officers, employees or agents who act as FibreNest’s agent in providing any part of the Services, shall be liable to you or any other person who you allow to use the Services.
- 8.3. Notwithstanding Condition 8.1, we are not liable to you, or any other person who uses the Services, for:
- a) Any business losses (including: loss of profits, revenue, contracts or anticipated expenses, wasted expenses or any other purely financial loss). The Services are only intended for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
- b) Any indirect loss which was not a reasonable foreseeable consequence of our negligence or of breach of the Contract (including loss of anticipated savings, wasted expenses and other purely financial loss);
- c) Any fault on the equipment (including the Router, cabling or Network equipment) caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions, these Conditions or other usage instructions;
- d) Any use of the Services, or content accessed, sent or received using the Services, nor for any charges incurred with a third party, or any transactions entered into through us, unless caused by us;
- e) Your use of any other internet services on the World Wide Web, using the Services;
- f) A delay or failure by us to provide any element of the Services where such a delay or failure is caused by events outside our control; for example (but not limited to) civil disorder, terrorist activity, war, Government action, severe weather conditions;
- g) Any loss or damage caused by viruses or unauthorised use of the Services, or your computer or other electronic devices connected to the Services;
- h) Your use of any equipment that we have not supplied to you for use with the Services; and/or,
- i) Any loss or damage caused by the equipment (including the Router, Network equipment,) or anyone from us or our sub-contractors or Partners to the extent that such loss was caused by your breach of the Contract (including related policies).
9. How we can change the Conditions
- 9.1. We can make changes in accordance with the other Conditions of this Contract for any of the following reasons:
- a) The Services are sold as variable services with variable prices (this means our Services can be changed, altered, improved or added to at FibreNest’s discretion). For example, we can vary the maximum speeds of capacity of your Broadband Service;
- b) We intend to change the way that we structure our Services;
- c) We intend to introduce new Services or features;
- d) The cost of providing the Services increases (for example, we have to pay our Partner or other third parties more for the use of their infrastructure);
- e) Other costs associated with the running of FibreNest’s business increases;
- f) To introduce new charges where the cost of running our business increases;
- g) To help us improve the security and operation of the technical infrastructure (e.g. to prevent misuse);
- h) To change the way that we provide the Services to you (e.g. we invest in new technology to improve your Services);
- i) We reorganise the way we run our business;
- j) Valid legal or regulatory reasons;
- k) We change the Conditions to make them easier to understand, to reflect in law or to update our contracts from time to time so all our customers are on the same Conditions. We can amend these Conditions at any time (even within your Minimum Period). We will notify you of any such changes in accordance with Condition 9.3 below. However, we cannot change or add to Conditions 6.4(b), 7.9, 9.2, except for security, legal or regulatory reasons.
- 9.2. You will receive at least 30 days’ notice in writing of any changes or additions to these Conditions. We will tell you about any other changes or additions to these Conditions in writing by a suitable method and by posting a notice on the Website.
- 9.3. If you are materially disadvantaged by any changes to the Conditions, you may end this Contract under Condition 7.9(b), even if you are within your Minimum Period.
10. Use of your information
- 10.1. In order to manage your account, we (and our Partners) will collect and hold personal information about you.
11. How this Contract can be transferred
- 11.1. We can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way.
- 11.2. This Contract is personal to you and those you authorise to use the Services. You may not transfer your rights or obligations under this Contract to anyone else. No other third party is entitled to benefit under this Contract except pursuant to Condition 11.1.
- 12.1. We have a customer Complaints Code which explains the steps that you will need to take when you want to complain to us about something. Details of this complaints process are set out in the Code of Practice.
- 12.2. FibreNest is part of a dispute scheme provided by the Ombudsman Service whose website is: https://www.ombudsman-services.org/. Alternatively, you can refer your dispute to the European Commission online dispute resolution platform, whose website is: ec.europa.eu/consumers/odr/main/?complaintType=1&event=main.complaints.new
13. Law and Geographical limits
- 13.1. The Contract is governed by, and subject to, the laws of England and Wales.
- 14.1 Where we are required to give you notice under the terms of this Contract, unless specified differently in these Conditions, we will do so in writing via the email address you have provided us.
- 14.2 You are required to provide us with current and accurate contact details (including your email address) with which we can communicate with you about the Services and the Contract. You are responsible for keeping it up-to-date.
- 14.3 When you are required to give us notice under this Contract (including during the Cooling Off Period) you are required to do so in writing via email (please see the Contact Us section below for details).
- 15.1 If any provision of this Contract is found to be invalid or unenforceable, the remaining Conditions will continue to apply.
- 15.2 If either party fails to exercise a right they may have under these Conditions, it does not mean that right is waived.
Annex A: Definitions and Interpretation
In this Contract (unless the context otherwise requires):
"Billing Period" means any period, usually monthly, in respect of which we bill you from time to time for your use of the Service we provide to you;
"Broadband Service" or "Service" means the fibre-based access to the internet in accordance with the Service subscription chosen that is supplied to your address via our Partner and in accordance with your Contract;
"Charges" means the charges for the Service, as amended from time to time and published on the Price List;
"Code of Practice" means the document where you can find out about our Services, complaints procedure and other customer care policies, currently located at Code of Practice
"Commencement Date" means the date upon which we commence our supply of the Service to you. This date will be communicated to you by us. This date is not guaranteed;
"Condition" or "Conditions" means the terms and conditions as set out in this document;
"Cooling Off Period" means the statutory cooling off period as more particularly defined within Conditions 7.13-7.16;
"Contract" means the Contract between you and us for the receipt of the Service (together with such changes and/or other terms as may be notified to you from time to time in accordance with these Conditions);
"Credit or Debit Card" means your nominated credit or debit card, details of which you have provided to us;
"Customer Services" means the customer services facility provided by us for you to report any faults with any Service or make general or account enquiries. This facility is available in respect of Service between the hours of 8am – 8pm, Monday to Saturday. All calls made to Customer Services will be charged at local rates (charges from a mobile will vary depending on your provider). Calls to Customer Services may be monitored and recoded. For contact details please refer to the Contact Us section in the Conditions.
"Early Termination Charges" means the fee to compensate us for our losses if you cancel or terminate your Service during the Minimum Period. The details of this fee are set out in the Price List;
"FibreNest" is the trading name of Persimmon Homes Limited, which is providing the Service to you in accordance with your Contract;
"Minimum Period" means the term of your Contract from the Commencement Date until the expiration of 12 months later;
"Network" means the internet protocol packet network operated by the Partner for the provision of the Service;
"Partner" means wholesale suppliers or companies that from time to time will operate the fixed line Network, which can be accessed for communication purposes and the provision of the Service;
"Order" means any order that you submit to us for the provision of the Service;
"Persimmon Homes Limited" means the corporate entity, company number 04108747; whose registered office is at Persimmon House, Fulford, York, YO19 4FE; VAT number is 412 1165 09.
"Price List" means the online location where all relevant Charges for the Service can be found, currently located at url: www.fibrenest.com/broadband
"Router" means the high-speed wireless Router together with any ancillary equipment (which may include microfilters, wireless USB adapters and other peripheral equipment) that we, or our authorised distributors, may supply to you when you subscribe to the Service that enables you to connect your computer to the internet;
"Service" means the Broadband Service that we provide to you, pursuant to your Contract;
"Service Description" means the document which describes the service and which we may update from time to time in accordance with this Contract, currently located at url www.fibrenest.com/privacy
"Traffic Management Policy" means the policy that we adhere to when monitoring and controlling data volume and/or types of traffic transmitted via the Service, in order to preserve our Network integrity and to avoid Network degradation, currently located at url: www.fibrenest.com/traffic
"Transmission Speed" means the rate in either thousands of bits per second (or Kbps) or millions of bits per second (or Mbps) that data is transferred between two points. Your estimated Transmission Speed will be provided when you place your Order;
"Website" means the website for FibreNest currently located at url: www.fibrenest.com
"you" and "your" means the person named in the registration and Order process and/or, where required, a person who has been appointed to, or that we reasonably believe is acting on that person’s authority.
Words in the singular shall include the plural and vice versa and references to legal persons shall include natural persons and vice versa.
The headings in these Conditions are intended for reference only and shall not affect their construction.