Last updated: 03/03/20
We are Community Fibre Limited, a broadband provider based in England. If you need it, our company number is 07413288 and our registered office is 32 Page Street, London, England, SW1P 4EN. All references in this policy to "Community Fibre", "our", "us" or "we" refer to Community Fibre Limited, or our group companies and suppliers which provide services to us, as appropriate. All references in this policy to "our website" are a reference to the website owned by Community Fibre at www.communityfibre.co.uk
We have a strong commitment to protect your privacy, and so we follow the following rules to the letter:
This policy applies to:
Depending on our relationship, we will collect and use your information in different ways. Please see In detail: Key information you should be aware of, section 2 to find out the information that we collect about you and how we use this information.
You may ask to us stop using your personal information for direct marketing and where we use of your personal information on the basis of our, or another person's, legitimate interest. You can find out more information in section 6.
1.1 You may provide us with your personal information voluntarily. However, we may also receive information about you from third parties such as marketing agencies, market research companies, our suppliers, contractors and consultants, group companies, planning authorities, public websites and public agencies, which we refer to as "third party sources" or "suppliers" throughout this policy. We may also collect personal information from you using a variety of technologies that automatically and passively collect information when you use our website (usage data).
1.2 You may give us personal information by completing forms on our website, paper order forms, registering for an account, when enquiring about or ordering broadband services from us, entering a competition, completing customer satisfaction surveys or otherwise providing feedback on the services received (including via social media channels such as Facebook or Twitter), or by contacting us by phone, email or other means. This includes, for example, where you provide your personal information to us in order to receive information or services from us. If you are a supplier, you may also give us personal information about you when you are offering or providing services to us.
Please go to the section or sections below that best describe our relationship with you to find out what information we collect about you and how we use this information. We refer to this as "personal information" throughout this policy.
2.1.1 What personal information we collect about you
We, or third parties on our behalf, may collect and use any of the following information about you:
i) Technical information. This includes: the Internet protocol (IP) address used to connect your computer to the internet address or other unique identifier for the computer or other electronic device that you use to access the website; the website address and country from which you access information; the files requested;, browser type and version; browser plug-in types and versions; operating system and platform; and
ii) Information about your visit and your behaviour on our website (for example, the pages that you click on). This may include the website you visit before and after visiting our website (including date and time), time and length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, traffic data, location data, weblogs and other communication data and information provided when requesting further service or downloads.
2.1.2 How we use your personal information
We will collect, use and store the personal information listed above for the following reasons:
Please see sections 2.7 and 2.8 for more details about how we use your personal information.
2.1.3 A word about cookies
2.2.1 What personal information we collect about you
We, or third parties on our behalf, may collect and use any of the following information about you:
i) information needed to provide the broadband services and equipment to you (including information on completed forms, order details, information about your property or
access to your property, order history and payment details)
ii) customer services information and
iii) customer relationship management and marketing information;
2.2.2 How we use your personal information
We will collect, use and store the personal information listed above for the following reasons:
Please see sections 2.7 and 2.8 for more details about how we use your personal information.
2.2.3 Special categories of data
Some of the personal information that you provide to us about you or your family members may be information about physical or mental health which is a special category of data. You may give us this type of personal data to ensure we can make suitable arrangements when visiting your home to carry out installation of our broadband services (for example, if you are a wheelchair user and are unable to answer the door).
2.2.4 Information we need to provide services to you
We need certain types of personal information so that we can provide services to you and perform contractual and other legal obligations that we have to you. If you do not provide us with such personal information, or if you ask us to delete it, you may no longer be able to receive our broadband services.
2.3.1 We, or third parties on our behalf, may collect and use any of the following information about you:
2.3.2 How we use your personal information
We will collect, use and store the personal information listed above, if you have consented or, otherwise, if it is in our legitimate interests, for marketing purposes, to contact you (including by email
or post) with information about our products and services which either you request, or which we feel will be of interest to you.
Please see sections 2.7 and 2.8 for more details about how we use your personal information.
2.4.1 We, or third parties on our behalf, may collect and use any of the following information about you:
2.4.2 How we use your personal information
We will collect, use and store the personal information listed above to: (a) deal with any enquiries or issues you have about our business, broadband services or works to install new fibre broadband,
including any questions you may have about how we collect, store and use your personal information, or any requests made by you for a copy of the information we hold about you; and (b) to obtain and share information we need to carry out installation works for new fibre broadband. If we do not have a contract with you, we may process your personal information for these purposes where it is in our legitimate interests for customer services purposes, for the carrying on our business or to meet our customer and future customer demand for fibre broadband.
Please see sections 2.7 and 2.8 for more details about how we use your personal information.
2.5.1 We, or third parties on our behalf, may collect and use any of the following information about you:
2.5.2 How we use your personal information
We will collect, use and store the personal information listed above for general communication between us, including the following:
Please see sections 2.6 and 2.7 for more details about how we use your personal information.
2.5.3 Source of personal information.
We may receive some of your personal information from third party sources, such as your employer or your employer's company website. We may also collect this personal information from publicly available sources, such as LinkedIn.
2.5.4 Special categories of data.
Some of the personal information that we collect about you or which you provide to us about you or your employees may be special categories of data. Special categories of data include information
about your physical and mental health, sexual orientation, racial or ethnic origin, political opinions, philosophical belief, trade union membership and biometric data.
2.5.5 Information we need to provide services to you.
Please note that we need certain types of personal information so that you or your employer can provide services to us. If you do not provide us with such personal information, or if you or your employer ask us to delete it, you may no longer be able to provide services to us.
2.5.6 Use of your family and next of kin information
Separately, we may process personal information about your family and next of kin so that we may contact them in an emergency. We will only process your or your family/next of kin's personal information for this specific purpose or for any other purposes specifically permitted by law.
2.6.1 We, or third parties on our behalf, may collect and use any of the following information about you:
2.6.2 How we use your personal information
We will collect, use and store the personal information listed above for the following reasons:
2.6.3 Source of personal information
We may receive some of your personal information from third party sources, such as your employer, your employer's company website or a recruitment agency. We may also collect personal information from publicly-available sources, such as LinkedIn.
2.6.4 Special categories of data
Some of the personal information that we collect about you or which you provide to us about you may be special categories of data. Special categories of data include information about your physical and mental health, sexual orientation, racial or ethnic origin, political opinions, philosophical belief, trade union membership and biometric data.
Whatever our relationship with you is, we may also collect, use and store your personal information for the following additional reasons:
We will not use your personal information in any way that is incompatible with the purposes set out in this section 2. Please contact us using the details in section 13 if you want further information on the analysis we will undertake to establish if a new use of your personal information is compatible with these purposes.
We may use your personal information and combine it with the personal information of others to identify trends and share or provide this trend information in an aggregated and anonymous form with third parties. For example, we may use information about your browsing habits as part of an aggregated number to identify which are our most popular website pages.
i) run, grow and develop our business
ii) select appropriately skilled and qualified suppliers
iii) marketing, market research and business development
iv) provide broadband services to our customers, make and receive payment and provide customer services
v) invest in and roll out fibre broadband to benefit the communities in which we operate
vi) place, track and ensure fulfilment of orders with our suppliers
vii) for internal group administrative purposes.
If we rely on our (or another person's) legitimate interests for using your personal information, we will undertake a balancing test to ensure that our (or the other person's) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information.
3.2 We may use your special categories of data (such as health information) where you have provided your consent (which you may withdraw at any time after giving it, as described below).
3.3 We may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time after giving it, as described below).
3.4 If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by contacting us at [email protected] and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide broadband services to you.
4.1 We will share your personal information with the following third parties or categories of third parties:
4.3 We will also disclose your personal information to third parties:
i) if we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets
ii) if substantially all of Community Fibre's or any of its affiliates' assets are acquired by a third party, in which case personal information held by Community Fibre will be one of the transferred assets
4.4 We may also disclose and use anonymised, aggregated reporting and statistics about users of our website or our goods and services for the purpose of internal reporting or reporting to our group or other third parties, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.
4.5 Save as expressly detailed above, we will never share, sell or rent any of your personal information to any third party without notifying you and, where necessary, obtaining your consent. If you have given your consent for us to use your personal information in a particular way, but later change your mind, you should contact us, and we will stop doing so.
We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time we retain personal information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights. For example, our policy is to only keep customer data for 3 years from the end date of your contract with us unless we need to keep it for longer (for example to establish, exercise or defend our legal rights).
6.1 You have certain rights in relation to your personal information. If you would like further information in relation to these or would like to exercise any of them, please contact us via email at [email protected] at any time. You have the following rights:
6.1.1 Right of access.
You have a right of access to any personal information we hold about you. You can ask us for a copy of your personal information; confirmation whether your personal information is being used by us; details about how and why it is being used; and details of what safeguards are in place if we transfer your information outside of the European Economic Area ("EEA").
6.1.2 Right to update your information.
You have a right to request an update to any of your personal information which is out of date or incorrect.
6.1.3 Right to delete your information.
You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us using the details in section 13.
We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the contact details in section 13.
6.1.4 Right to restrict use of your information
You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances. You can ask us for further information on these specific circumstances by
contacting us using the details in section 13.
We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the contract details in section 13.
6.1.5 Right to stop marketing
You have a right to ask us to stop using your personal information for direct-marketing purposes. If you exercise this right, we will stop using your personal information for this purpose.
6.1.6 Right to data portability
You have a right to ask us to provide your personal information to a third party provider of services.
6.1.7 Right to object.
You have a right to ask us to consider any valid objections which you have to our use of your personalinformation where we process your personal information on the basis of our or another person's legitimate interest.
6.2 We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period allowed by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.
6.3 If an exception applies, we will tell you this when responding to your request. We may request you to provide us with information necessary to confirm your identity before responding to any request you make.
7.1 You must be aged 18 or over to purchase broadband services from us. Our website and broadband services are not directed at children and we do not knowingly collect any personal information from children.
7.2 If you are a child and we learn that we have inadvertently obtained personal information from you from our websites, or from any other source, then we will delete that information as soon as possible.
7.3 Please contact us at [email protected] if you are aware that we may have inadvertently collected personal information from a child.
8.1 We may collect and use your personal information for undertaking marketing by email telephone and post.
8.2 We may send you certain marketing communications (including electronic marketing communications to existing customers) if it is in our legitimate interests to do so for marketing purposes.
8.3 However, we will always obtain your consent to direct marketing communications where we are required to do so by law and if we intend to disclose your personal information to any third party for such marketing.
8.4 If you wish to stop receiving marketing communications, you can contact us by email at [email protected]
9.2 Further details on the steps we take to protect your personal information, in these cases is available from us on request by contacting us by email at [email protected] at any time.
10.1 The main risk of our processing of your personal information is if it is lost, stolen or misused. This could lead to your personal information being in the hands of someone else who may use it
fraudulently or make public information that you would prefer to keep private.
10.2 For this reason, Community Fibre is committed to protecting your personal information from loss, theft and misuse. We take all reasonable precautions to safeguard the confidentiality of your personal information, including through use of appropriate organisational and technical measures. We ensure that:
10.3 In the course of provision of your personal information to us or using our broadband services, your personal information may be transferred over the internet. Although we make every effort to protect your personal information, the transmission of information over the internet is not completely secure. As such, you acknowledge and accept that we cannot guarantee the security of your personal information transmitted to our website or using our broadband services and that any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorised access to it.
10.4 Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
13.1 If you have any queries or complaints about our collection, use or storage of your personal information, or if you wish to exercise any of your rights in relation to your personal information, please contact [email protected]
We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your personal information.
13.2 In accordance with Article 77 of the General Data Protection Regulation, you may also make a complaint to the Information Commissioner's Office, or the data protection regulator in the country where you usually live or work, or where an alleged infringement of the General Data Protection Regulation has taken place. Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.
Last updated: 04/03/20
If Community Fibre Limited (the "Supplier") processes Personal Data on behalf of the Customer under the Contract and in connection with the Services (such Personal Data being referred to in this Addendum as "Relevant Personal Data"), this Addendum shall form part of and shall be incorporated into the Contract.
1.1 In this Addendum, unless the context requires otherwise:
(a) capitalised expressions defined in the Supplier's Standard Terms for the Supply of Services ("Standard Terms") and used in this Addendum have the meaning set
out in the Standard Terms and the rules of interpretation set out in the Standard
Terms shall apply; and
(b) the terms: “Data Subject”, “Personal Data Breach”, "Supervisory Authority" "controller" and “process”, shall have the meanings set out in the GDPR.
2.1 The Appendix to this Addendum sets out details of the processing of the Relevant Personal Data.
2.2 Where the Customer transfers Personal Data to the Supplier, the Customer shall have sole
(a) the accuracy, quality and legality of the Personal Data; and
(b) providing all notices and obtaining all consents as may be required under Data Protection Laws in order for the Supplier to process the Personal Data for the purposes of providing the Services and in connection with the Contract.
2.3 To the extent the Supplier processes Relevant Personal Data, then in relation to such processing, the Supplier shall:
(b) take commercially reasonable steps to ensure its personnel who are authorised to have access to Relevant Personal Data are committed to confidentiality or are under an appropriate statutory obligation of confidentiality when processing such Relevant Personal Data;
(c) taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, implement technical and organisational measures and procedures to ensure a level of security for such Relevant Personal Data appropriate to the risk, including the risks of accidental, unlawful or unauthorised destruction, loss, alteration, disclosure, dissemination or access;
(d) only transfer Relevant Personal Data outside the European Union in compliance with Data Protection Laws;
(e) inform the Customer without undue delay upon becoming aware of any such Relevant Personal Data (while within the Supplier's or its subcontractors' possession or control) being subject to a Personal Data Breach.
(f) except as required by Applicable Law, for internal governance or administration or in order to establish, exercise or defend any actual or possible legal claims (in which case the Supplier shall become the controller of the Personal Data), if requested by the Customer, take reasonable steps to return or irretrievably delete all Relevant Personal Data on termination or expiry of this Contract (at the Customer's cost);
(g) provide to the Customer and any Supervisory Authority such information and assistance as is reasonably required to demonstrate or ensure compliance with the obligations in this Addendum and/or the Data Protection Laws;
(h) take such steps as are reasonably required to assist the Customer (at the Customer's cost) in ensuring compliance with its obligations under Articles 30 to 36 (inclusive) of GDPR;
(i) notify the Customer as soon as reasonably practicable if it receives a request from a Data Subject to exercise its rights under the Data Protection Laws in relation to that person's Relevant Personal Data;
(j) provide the Customer (at the Customer's sole cost) with reasonable co-operation and assistance in relation to any request made by a Data Subject to exercise its rights under the Data Protection Laws in relation to that person's Relevant Personal Data; and
(k) subject to clause 2.5, permit the Customer or its representatives to access any relevant premises, personnel or records of the Supplier on 30 days' notice to audit (no more than once a year and at the Customer's sole cost) and otherwise verify compliance with this clause 2.3, provided that the Customer and its representatives do not disrupt the Supplier's business.
2.4 To the extent that the Supplier is processing Relevant Personal Data on behalf of the Customer, the Customer acknowledges that the Supplier is reliant on the Customer alone for direction as to the extent the Supplier is entitled to use and process the Relevant Personal Data. Consequently, the Customer shall be entitled to relief from liability in circumstances where a Data Subject makes a claim or complaint with regards to the Supplier's actions to the extent that such actions result from: (a) instructions received from the Customer; or (b) a breach by the Customer of its obligations under this Addendum.
2.5 The Supplier shall only be required to permit the Customer or its representatives to access any relevant premises, personnel or records of the Supplier pursuant to clause 2.3(j) if: (a) the Customer knows or has reasonable grounds to suspect that Relevant Personal Data which is processed by the Supplier pursuant to clause 2.3 is subject to a Personal Data Breach or is otherwise lost or destroyed, damaged, corrupted or unusable; (b) the Customer and, if applicable, its representatives commit to such confidentiality obligations as the Supplier may reasonably require; and (c) it takes place on Business Days during the Supplier's usual business hours.
2.6 The Customer acknowledges and agrees that the Supplier may subcontract its processing of the Relevant Personal Data on behalf of the Customer. The Supplier shall procure that any such sub-contractors enter into a written contract with the Supplier which contains obligations for the protection of the Relevant Personal Data which are substantially similar to those set out in this Addendum.
2.7 By entering into the Contract, the Customer is deemed to have approved the use of the Supplier's current sub-processors as at the date of the Contract ("Current Sub-Processors").
2.8 If, after the date of the Contract, the Supplier engages a new Sub-Processor ("New Sub-Processor") (which is not a Current Sub-Processor):
(a) the Supplier shall inform the Customer of the engagement by sending an email notification to the Customer or publishing the name of the New Sub-Processor on the Website;
(b) the Customer may object to the engagement of such New Sub-Processor by notifying the Supplier within 10 days of the Supplier's email, provided that such objection must be on reasonable, substantial grounds, directly related to such New Sub-Processor's ability to comply with substantially similar obligations to those set out in this Addendum, and:
(i) if the Customer does not so object, the engagement of the New Sub-Processor shall be deemed accepted by the Customer; and
(ii) if the Customer makes an objection in accordance with clause 2.8(b), the Supplier will use reasonable efforts to make available to the Customer an alternative solution or arrangement to avoid the processing by the relevant sub-contractor of any Relevant Personal Data provided by the Customer, provided that:
(A) the Supplier shall not be required to implement an alternative solution or arrangement which unreasonably burdens Supplier; and
(B) the Supplier shall be entitled to make a reasonable additional charge to cover the costs of implementing and operating the alternative solution or arrangement.
2.9 If the Supplier is unable to make available an alternative solution or arrangement within a reasonable period of time (which shall not exceed sixty (60) days) or the Customer is unwilling to pay any charge by the Supplier to cover the costs of implementing and operating the alternative solution or arrangement, the Customer may, by written notice to the Supplier:
(a) discontinue its use of that part of the Services which is impacted by the Customer's objection; or
(b) terminate the Contract, but only in such circumstances as it is not technically possible to discontinue only part of the Services pursuant to clause 2.9(a), and in either case the Customer shall be entitled to receive a pro rata refund of any prepaid fees and other applicable charges for the period following the effective date of the relevant part of the Services being discontinued or termination (as applicable) and shall not be liable to pay the Cancellation Fee.
2.10 The Customer shall reimburse the Supplier for all reasonable costs incurred by the Supplier and payable by the Customer pursuant to this Addendum, in accordance with clause 6.3 of the Standard Terms.
2.11 Nothing in this Addendum shall prevent the Supplier from using Relevant Personal Data for business analytics purposes (including sharing Relevant Personal Data with third parties for such purposes, provided that the Relevant Personal Data is shared in a form that does not enable the third party to identify a Data Subject).
Appendix to Data Processing Addendum
The Personal Data processing activities carried out by the Supplier under the Contract may be described as follows:
Subject matter of processing
Data captured from the order placed and process to onboard and supply service.
|Nature and purpose of processing||
To provide our services and ensure we can support it and improve the quality.
|Categories of Personal Data||
Account details for the customer and the premise for which the service is provided.
Categories of data subjects
|Individuals and organisations.|
|Duration||For a minimum of the initial contract term.|
Last updated: 01/07/20
All rights reserved. © Community Fibre Ltd 2020
These pages set out information about us and the legal Terms & Conditions for the services provided by us. These Terms & Conditions (together with our Usage Policy and the Confirmation) will apply to any contract between us for the provision of services to you.
In particular we wanted to highlight the following key provisions:
1.1 We are Community Fibre Limited (CFL), a company registered in England and Wales under company number 07413288 whose registered office is at 32 Page Street, London, SW1P 4EN. Our registered VAT number is 115 7983 90.
1.2 You can contact us by sending us an e-mail at [email protected]
The following words have special meanings in these Terms & Conditions where they start with a capital letter:
"Broadband Services" means the broadband services that we offer as described in more detail on the Website.
"Cancellation Fee" means the lower of £30 and the full amount of Charges you would have paid to us for the Services up to the end of the Minimum Period if the Services were not cancelled before the end of the Minimum Period plus any installation fee, less any costs we save, including the cost of no longer providing you with the Services.
"Charges" means our charges for any Equipment and the Services set out in your Confirmation which may consist of a subscription charge, a connection charge, installation charges and charges for any additional services set out in your Confirmation.
"Confirmation" means our acceptance notification that confirms the Services and Equipment that we will provide, the Charges, the commencement date of the Services and any Minimum Period.
"Contract" means the Confirmation, these Terms & Conditions and our Usage Policy.
"Downgrade Fee" means the number of months of any initial free period that have elapsed by the date of the downgrade plus one month, multiplied by the monthly subscription charge payable after the initial free period.
"means the minimum period of time that you have committed to take the Services from us. The Minimum Period will commence on the date of the Confirmation and continue until the expiry date set out in the Confirmation.
"Equipment" means any equipment that we own or is part of our network including equipment that may belong to our third party suppliers, including any broadband router, boosters and cabling that we provide to you.
"Services" means the Broadband Services we have agreed to provide to you as set out in your Confirmation and on your bill together with any installation services and additional services we make available to you.
"Terms and Conditions" means these home broadband terms and conditions.
"Usage Policy" means the terms which apply to the use of the Services and Equipment and are set out in clause 19.
"Website" means www.communityfibre.co.uk
3.1 All the Broadband Services advertised on the Website are subject to availability and we only provide them within buildings and/or properties that have been pre-wired to work with our services. We provide the Services and Equipment solely for private and domestic use by you (and, if applicable, members of your household). You must not use the Services or Equipment for commercial or business purposes. If you do use our Services or Equipment for any commercial or business purposes, we may cancel this Contract in accordance with clause 7.9(i).
3.2 We aim to provide a high quality fault-free service at all times, using reasonable skill and care. We will provide you with at least the minimum upload and download speeds set out in your Confirmation which will be the minimum level of service advertised for the Services on our Website. However, we are not able to guarantee that there will be no disruption to the Services we provide due to the nature of the Services and the Equipment including the requirement for regular maintenance. In particular the speed of the Services you receive can depend on various things such as the devices that you use to access the Services. If we identity a fault with our network, we will fix it as soon as we can.
3.3 In order to provide the Services to you, you agree that we may select and at any time change any Internet service provider (ISP) or other service provider used for the provision of the Services.
(a) not use the Services or Equipment for any unlawful purposes;
(b) comply with these Terms and Conditions and the Usage Policy at all times;
(c) give us any information that we reasonably ask for; and
(d) comply with our reasonable instructions in relation to the Services and the Equipment.
3.5 You are responsible for how our Services and Equipment are used and you will ensure that members of your household comply with this Contract.
3.6 The Services and Equipment are for Broadband Services and therefore do not provide access to calls to the emergency services numbers 999 and 112. You should ensure that you have alternative means to access the emergency services numbers.
3.7 The Services do not work with technology (such as personal alarm systems) that require copper lines to operate, for example to provide power to the technology.
4.1 The easiest way to order Broadband Services from us, is to register with us using the checkout process on the Website. Alternatively, you may register with us by Freephone on 0800 082 0770 or by e-mailing us at [email protected]
4.2 Our registration and order process allows you to check and amend any errors before submitting them to us. Please take the time to read and check your registration and any orders at each stage of the registration and order process.
4.3 As part of the registration process we may perform a credit check on you. If you do not meet the credit conditions that we have set it may limit the choice of Broadband Services we are able to provide to you.
4.4 By registering with us you agree that you:
(a) are at least 18 years old;
(b) will only order the Services for your personal or household use; and
(c) will provide accurate information about yourself when registering with us and update the information as necessary to keep it current including telling us if you move to a new address.
4.5 After you place an order for Services from us, if we are able to accept your order we will send you a Confirmation.
4.6 If we are unable to provide all or part of the Broadband Services to you, we will let you know by email and will not proceed with that part of your order.
4.7 You may change the Broadband Service you have with us at any time.
4.8 If you upgrade your Broadband Service, new Charges will apply from the date set out in the Confirmation and a new Minimum Period may apply.
4.9 If you downgrade the Broadband Service, you will need to return any additional Equipment (e.g. a second router) that we provided to you for free with that Service. New Charges will apply from the date set out in the Confirmation and all downgrades will be subject to a new Minimum Period. If you downgrade during an initial free period you will have to pay the Downgrade Fee.
5.1 The Contract between you and us will commence on the date of the Confirmation to you; or the date set out in the Confirmation if that is later. The Services will commence on the date set out in the Confirmation.
5.2 Unless either of us cancels the Contract in accordance with clause 7, the Contract and the Services, will continue at least for the Minimum Period. Unless we expressly agree with you otherwise, after the Minimum Period the Contract will carry on and the Charges will change to the monthly contract price available for your Service which applies on the date your Minimum Period ends.
6.1 The prices of our Services including any installation and connection fees will be as quoted on our Website or by our sales staff and may change from time to time. The Charges applicable to the Services and Equipment you order and that we agree to provide will be set out in your Confirmation. You will pay us the Charges set out in the Confirmation.
6.2 Your Confirmation will set out when you must pay the Charges which will depend on the Broadband Services which you order. Subscription and other charges for the package of Services are payable in advance from the date set out in your Confirmation. Any charges for additional Services or Equipment which you order are usually charged to you in the month following the one in which you took the additional Services or Equipment or in a later bill. If your Services have a connection fee, the connection fee is due when we send you the Confirmation.
6.3 Unless we agree something else, you must pay us the Charges as soon as you get our bill. We may collect the payments from you by direct debit using the details you have provided to us when registering. At our discretion, payment by card may be taken but additional administration fees may be applied. You will be responsible for any bank charges if you do not have enough money in your account.
6.4 You may change the account details for your direct debit and the date which the payment comes out of your account at any time and each change (whether to your account details or the date) will be subject to a £10 charge to cover our administrative costs of making the change.
6.5 If your direct debit fails, or where we have agreed you can pay by card you are late paying your bill, we may charge you a £10 charge to cover our costs of contacting you to collect payment.
6.6 We may increase the Charges at any time by giving you one month’s notice by email to the email address on your account with us. If the increase is to your material detriment, we will also give you a right to cancel the Services by giving us thirty days' notice but you will need to tell us that you want to cancel within 30 days of the date of the notice that we send you. Please see the “Cancellation and Suspension” section of these Terms & Conditions for further details.
6.7 If you request Equipment from us, we will charge you for the Equipment according to our price list or lease of Equipment to you on a monthly charge basis. Any Equipment Charges that are not already included as part of the Broadband Services you have ordered will be set out in your Confirmation.
6.8 You agree that you are liable for any Charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you have had no control over). If you do become aware of any fraud by someone else, you must tell us as quickly as you can. Under no circumstances should you give your passwords to anybody else (unless you're happy for them to use your account and add charges on your account). You will be liable for any Charges incurred by anyone who orders services and additional services as a result of accessing your account (for example, your family members and friends visiting your premises) and anyone you have given your account password to.
6.9 If you think there is an error in your bill, please tell us and we will not suspend or terminate your Services while we investigate the issue further.
6.10 This clause continues to apply after the Contract has ended.
7.1 As a consumer, you have a legal right to cancel your Contract during the period of 14 calendar days from the day after the date of your Confirmation (“Cooling off Period”). This means that during this period if you change your mind or for any other reason you decide you do not want to order the Services (or to cancel your order), you can notify us of your decision to cancel the Contract and receive a refund.
7.2 To cancel the Contract, you can call us on Freephone 0800 082 0770 send us an e-mail at [email protected], or write to to us at [xxx]. You may also use this model cancellation form [link], but it is not obligatory. If you decide to cancel the Contract within the Cooling off Period, you will receive a full refund of any charges you have already paid for the Services (less any charges in respect of Services which you have used and the installation fee set out in your Confirmation) and we will process the refund due to you as soon as possible and, in any case, within 14 calendar days from your notice of cancellation. We will refund you using the same payment method that you used for the original payment.
7.3 After the Cooling off Period has expired, you may cancel the Contract at any time on 30 calendar days' notice.
7.4 If you choose to cancel the Contract after the Cooling off Period and before the expiry of your Minimum Period you will need to pay us a Cancellation Fee.
7.5 You will not be charged a Cancellation Fee, where you are cancelling the Contract under clauses 7.6 (changes to the Services or Charges) or 7.7 (our breach).
7.6 If we have notified you that:
(a) we intend to change the Services we provide to you or this Contract; or
(b) we intend to increase the price of the Services.
7.7 Where we have breached these Terms & Conditions in a significant way, you are free to cancel the Contract between us at any time. We would like the chance to put things right first and so we'd ask you to give us reasonable time to do so before you cancel your Contract. For example, if the speed of the Services is significantly lower than the minimum speed set out in your Confirmation, you must let us know so that we could send a technician to your premises to test and fix the Services if we think that is necessary.
7.8 We may cancel the Contract or suspend the provision of Services to you immediately on notice to you if:
(a) a week has passed where you have failed to pay any Charges due to us after we have sent you a reminder to pay;
(b) you have continuously failed to pay the Charges for more than two months in a row in spite of reminders from us;
(c) you breach the Contract in a significant way and do not put things right in a reasonable time;
(d) you breach the Contract in a significant way that cannot be put right;
(e) you become bankrupt, enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
(f) we have reason to believe that you have provided us with false, inaccurate or misleading information or are using our Services fraudulently, or are using the Services in an unauthorised manner and do not put things right in a reasonable time;
(g) we have reason to believe that your equipment has become compromised by a computer virus or other malicious code that may threaten our network;
(h) you exceed your usage allowance or do not comply with our Usage Policy, and continue to do so after we have told you not to;
(i) you use the Services or the Equipment for any commercial or business purposes; or
(j) you threaten, verbally abuse, or endanger our employees.
7.9 Where we cancel the Contract due to your fault under clause 7.9, we will be entitled to charge you a Cancellation Fee in additional to any other charges you are liable to pay under this Contract up to the date of cancellation. However, we will take off any costs we save, including the cost of no longer providing you with the Services and Equipment.
7.10 We may also cancel the Contract or suspend the provision of Services or part of them to you immediately on notice to you if:
(a) any permission under which we are entitled to connect, maintain, modify or replace the Equipment required to provide the Services to you is ended for any reason;
(b) we are required to do so by law or regulation or to comply with an order, instruction or request of government, an emergency services organisation or other competent administration or regulatory authority; or
(c) we can no longer provide the relevant Service for any reason.
7.11 We may temporarily suspend the Services or part of them immediately on notice to you if we need to:
(a) carry out maintenance, technical repair, upgrades or emergency work; and
(b) take any measures to protect or to ensure the security of our network.
7.12 If we suspend the Services or part of them under this Contract, we will give you as much notice as possible, minimise the impact of the suspension on your use of the Services and Equipment and restore the Services to you as soon as we can.
7.13 During any temporary suspension, you may still have to pay the Charges that you owe us.
7.14 If we discover that you have used Services or Equipment from us without our permission at any time, we will also be entitled to charge you for any subscription or usage charges relating to those Services or Equipment.
7.15 On cancellation of the Contract or the Services you must promptly return to us or make available for removal any Equipment by us that we ask you to. We will send you a pre-paid envelope or courier for this purpose and will let you know the details of return or collection. If you do not comply with this clause and return the Equipment to us or make it available for removal by us, you must pay our direct charges for replacement and recovery of the Equipment which will be no more than the amount stated in your Confirmation.
7.16 This clause continues to apply after the Contract has ended.
(a) meets the minimum specifications (if any) detailed on our Website;
(b) is in good working order;
(c) conforms at all times with all applicable regulations and laws;
(d) is compatible with the Services and the Equipment; and
(e) will not harm our network or anyone else's equipment. You will disconnect your equipment immediately if we ask you to if we reasonably think that is harmful to our network or someone else's equipment.
8.2 You are responsible for taking appropriate measures to keep your equipment and data secure when it is connected to our network. You agree to provide us with information about your equipment that we reasonably request.
8.3 Where we provide Equipment to you in relation to the Services, you agree to:
(a) take all reasonable care to prevent the loss, theft and damage of our Equipment;
(b) not to interfere with our Equipment unless we ask you to; and
(c) keep our Equipment at all times under your control and possession and not to remove our Equipment from your premises.
8.4 You agree to tell us as soon as reasonably possible about any loss or damage to any part of our Equipment. You agree that you are responsible for any loss of or damage to the Equipment caused by your breach of this Contract. We will charge you for any loss of or damage to our Equipment caused by your breach of this Contract.
8.5 Where we provide Equipment to you that does not have a manufacturer's guarantee, we promise that on delivery and for a period of 12 months from delivery, the Equipment will be free from significant defects, save for:
(a) any fair wear and tear;
(b) any deliberate damage, abnormal storage or working conditions, accident, failure to use skill and care by you or by any third party, unless the third party is our subcontractor;
(c) if you fail to operate or use the Equipment in accordance with its user instructions; or
(d) any alteration or repair by you or by a third party not authorised by us, unless the third party is our sub-contractor.
9.1 If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our failure to use skill and care, except for those losses excluded in clauses 9.3 and 13 of these Terms & Conditions. You may ask us for compensation for this loss or damage.
9.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.3 Apart from liability we accept on an unlimited basis in clause 9.4, we have no liability to you for:
(a) any business or commercial loss, including loss of profit, loss of business, business interruption or loss of business opportunity;
(b) any delay or failure that is due to circumstances or situations beyond our reasonable control (for example, extreme weather, terrorist activities, strikes or other industrial action, fire and anything done by government or other public authority);
(c) any loss or damage you suffer as a result of:
(k) your (or any member of your household's) breach of this Contract or misuse of our Equipment or the Services;
(i) use of equipment that we have not provided to you;
(ii) loss or damage that we couldn't reasonably be expected to foresee or couldn't have been expected to consider when we agreed to this Contract with you;
(iii) information, content and data that you access, transmit or receive using our Services, including if it is not accurate or is illegal;
(iv) the failure of any safety, security or other alarm systems that are not compatible with the Services or which is not due to our fault or failure to use skill and care (for example a power outage);
(v) malware on any of your devices that you use to access the Services;
(vi) any loss, corruption or damage to or release of data or information which is not due to our fault or failure to use skill and care; and
(vii) the fault or failure to take reasonable care by a third party that you also have a contract with, even if we introduced you to them or if you purchased something from them via the Services.
9.4 We accept responsibility for anything that we cannot exclude or limit by law. In particular, we do not in any way exclude or limit our liability for death or personal injury caused by our failure to use skill and care, fraud or fraudulent misrepresentation.
9.5 Apart from liability we accept on an unlimited basis in clause 9.4, we will not pay you more than the following amounts in compensation under this Contract:
(a) £100,000 in any 12 month period for loss of or physical damage to your property caused our failure to use skill and care or the failure to use skill and care of someone acting on our behalf; and
(b) £5,000 per incident or series of connected incidents for any other loss or damage.
10.1 If we make any changes to our Services, the Equipment or the Contract which is likely to cause you a material detriment:
10.2 We may revise the Contract from time to time:
Please refer to clause 10.1 for your rights to cancel the Contract and the Services if the change is to your material detriment.
10.3 To protect our network and maintain quality of service for all our users we can temporarily or permanently control or restrict your online activities:
10.4 We reserve the right to monitor and control data volume and/or types of traffic transmitted via the Services and the Equipment. In the event that you exceed any usage allowance applicable to your Internet access or your use does not comply with our Usage Policy, we reserve the right (at our sole option) to reduce your Services. However, before we do so, we will give you reasonable notice, ask you to remedy the non-compliance and tell you how long we will reduce your Services for and our reason for the reduction. Please refer to clause 10.1 for your rights to cancel the Contract and the Services if the change is to your material detriment.
10.5 During any time of reduction under clause 10.4, you will remain responsible for the payment of your original level of subscription charge. We also reserve the right (at our sole option) to re-grade your Internet access to a different speed and/or usage allowance at the appropriate charge. If we make such changes, we will notify you as soon as possible. Please refer to clause 10.1 for your rights to cancel the Contract and the Services if the regrade is to your material detriment.
10.6 We may at any time change, replace or withdraw the Services, the Equipment or the Broadband Services available. For example, we can vary the maximum speeds of your chosen package. Please refer to clause 10.1 for your rights to cancel the Contract and the Services if the change is to your material detriment.
10.7 If we withdraw a package of Services entirely, we will move you to the closest equivalent package unless you notify us of a particular package choice within one calendar month of receiving the notification.
11.1 Where we provide Equipment for use with our Services, this Equipment remains ours at all times but you will be responsible for keeping the Equipment safe while it is in your premises.
11.2 If we sell equipment to you, you will own the equipment from the date which is the earlier of (i) when you have paid us the full amount for the equipment; and (ii) when the equipment is delivered to you or installed at your premises.
11.3 Any Internet address allocated by us to you will at all times belong to us and you may not sell or agree to transfer the number to any person. You will have a non-transferable right to use such Internet address whilst you receive Broadband Services from us. In the event the Contract is cancelled or expires, for whatever reason, your right to use the Internet address will automatically terminate and you will not be able to use the Internet address from that time.
12.1 The Services that we provide to you are limited to the provision of access to broadband Internet via our Equipment, namely a Broadband router. By itself, this does not allow storage or copying of copyright material.
12.2 We would however remind you that if you use our Services or Equipment in order to access any TV or radio programmes or other content which is covered by third party copyright, then you need to carefully consider whether or not you are permitted to copy or record such content as this could be in breach of copyright.
12.3 Ownership of all intellectual property rights in the Equipment and any and all software or hardware systems required to use and operate, or which form part of, any of the Services are the exclusive property of us or our licensors.
12.4 Your right to use the Equipment and any such software and hardware systems are subject always to the Contract and any 'end-user-licence' agreement (if you are asked to agree one). You agree not to use the Equipment and any software and hardware systems for any purpose other than using and accessing the Services. Except as expressly permitted by copyright law, you have no right to copy, adapt, reverse engineer, decompile, disassemble, modify or adapt the Equipment or any such software and hardware systems in whole or in part.
12.5 We may need to update or replace software relevant to the Services or Equipment from time to time and you will permit us to do so.
If you choose to purchase additional, paid-for services that are available to you via our own Broadband Services from a third party, we will have no liability to you for the quality or performance of that third party service.
15.1 We will give you access to our Service Desk via telephone or email. Our contact number is 08000820770 and our email is [email protected] Our Service Desk provides assistance with registration and access problems that may arise as a result of network issues relating to the Services or any issues with the Equipment. Any calls to the Service Desk may be recorded or monitored for training and other purposes.
15.2 The Service Desk Support does not include support of hardware or software installed on your PC or of other hardware that you own. These types of issues will not be logged with the Service Desk and you are responsible for obtaining any support you need at your own cost.
16.1 Where we need to install the Equipment needed to provide the Services:
(a) we will agree a date with you to do so; and
(b) you agree to provide reasonable access to us on that date for the installation.
We will explain the type of installation you need and any Charges before you complete your order and the details will be set out in your Confirmation.
16.2 We will try to meet the time and day which we agree with you for installation however if we need to change the time and/or date we will notify you of the changes as soon as possible (and within at least 48 hours). If you need to change or cancel the appointment for installation you will also let us know as soon as possible (and within at least 48 hours).
16.3 Our installation services include installing up to two pieces of Equipment (as set out in your Confirmation) within a reasonable distance from where the fibre enters your premises. We will try our best to locate the Equipment where you request, however this may not always be possible. If you need the Equipment to be located further from where we think is reasonable, you may have to pay the additional costs of the materials and the engineers times to do this. We will tell you what these additional costs are before we proceed with the installation. If it is not possible to proceed with the installation either for technical reasons or because you do not want to pay any additional costs of installation, the Contract will be cancelled.
16.4 You may need to be present during the installation and any repair or maintenance visits. If this is not possible, then you need to ensure that someone aged 18 or over, is at your address to allow us access. Otherwise we will not be able to complete the installation or carry out any repairs or maintenance. We will take instructions from anyone at your premises who we have good reason to think has your permission to give instructions to us.
16.5 You authorise us to install and keep installed our Equipment at your premises and you agree that we and our employees, agents or contractors may enter your premises so that we can:
(a) 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; and
(b) inspect any equipment (such as your TV or computer) including our Equipment which you may keep there. You will ensure you have any permission we need to carry out any of these activities at your premises.
16.6 We agree to cause as little disturbance as we are reasonably able to when carrying out any work at your premises. We agree to repair, to your reasonable satisfaction, any damage that we, our agents or contractors may cause at your premises.
16.7 You agree not to do anything, or allow anything to be done, at your premises that may cause damage to or interfere with the Equipment or prevent use or easy access to it including replacing the Equipment with your equipment not provided by us.
16.8 You confirm that you are:
(a) the current occupier of the premises; and
(b) either the freeholder of the premises or a tenant.
16.9 If you are a tenant with less than 12 months’ lease, please ensure that you will be able to meet the Minimum Period of the Contract, for example by choosing Services with a shorter contract period.
16.10 We may modify the Services and Equipment, or part of them, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We may need to suspend the Services or part of them to carry out this work and if we do we will give you as much notice as possible, minimise the impact of the suspension on your use of the Services and Equipment and restore the Services to you as soon as we can. You will be responsible for payment of the Charges during the suspension in accordance with clause 7.14.
16.11 You agree that you will tell us about any fault in the Services or Equipment by phoning or emailing us or by reporting through our Website. We will aim to respond as promptly as possible. In many circumstances it is possible to correct a fault over the phone. If this is not possible, we will send a technician to investigate and correct the fault if necessary. You will give us a reasonable opportunity to correct a fault and provide us with your cooperation and assistance to help us to do so.
16.12 If we identify that a fault is due to equipment other than our Equipment being used with the Service or damage to the Equipment other than fair wear and tear, then we may charge you for our costs in repairing the fault including the cost of replacement Equipment and the technicians time which is charged at £50 per hour or part thereof.
17.1 At Community Fibre we aim to provide you with the best level of service possible. If you feel we have fallen short of this aim, please let us know. We’ll work with you to put things right and we will always try to use your feedback to improve things where we can.
17.2 If you are unhappy with our service then please let us know by giving us a call on Freephone 0800 0820 770 or e-mail us at [email protected] If you prefer to write then please send us a letter at Community Fibre Customer Services, 32 Page Street, London, SW1P 4EN.
17.3 Our preference is for you to call us as we will try to resolve your complaint during the initial call. If this is not possible, we will agree a course of action with you and provide you, where possible, with clear timeframes and next steps for the resolution of your complaint.
17.4 If you are not satisfied with the way your complaint has been dealt with or the proposed next steps then you can ask to escalate the issue to a manager.
17.5 If we have failed to reach an agreed resolution within eight weeks of receiving your complaint then you have the option of referring your complaint for independent consideration to The Ombudsman Service with the following contact details:
Post: Ombudsman Services, Communications, P.O. Box 730, Warrington, WA4 6WU
Phone: 0330 440 1614
Email: [email protected]
18.1 The Contract is between you and us. You may not transfer your rights or obligations under the Contract to anyone else, and no other company, firm or person is entitled to benefit under the contract except where we transfer our rights or obligations.
18.2 We can transfer our rights or obligations under the Contract between us to any company, firm or person provided this does not affect your rights under the Contract in a negative way.
18.3 Each clause of the Contract operates separately. If any part cannot be enforced, the remaining clauses will still apply.
18.4 If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing.
18.5 Only you and us can take action under this Contract. No other person will have any rights to enforce it.
18.6 The Contract is governed by and subject to the laws of England and Wales. Any disputes that you and we have can only be decided by the English and Welsh courts.
18.7 You may also be able to refer a dispute to the European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
19.1 This Usage Policy sets out the terms between you and us under which you may use the Services and the Equipment.
19.2 You will not use the Services or the Equipment in a manner which:
(a) involves any criminal or unlawful activity, including child pornography, fraud, drug dealing, gambling, harassment, stalking, sending or creation of viruses or other harmful files;
(b) advertises any products or services or involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(c) involves communicating or promotes false information or information you believe to be false;
(d) involves or promotes communications or conduct which is defamatory, offensive, abusive, obscene, menacing, threatening or otherwise made for the purpose of causing annoyance, inconvenience or anxiety to another;
(e) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f) harasses or advocates harassment of another person or exploits people in a sexual or violent manner;
(g) promotes illegal activities or conduct that is libelous;
(h) involves or promotes copyright infringement, patent infringement, or theft of trade secrets including providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons or violating someone's privacy;
(j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) interferes with, disrupts or creates an undue burden on the Services or the networks or services connected to the Services or the Equipment, or which creates a security threat or vulnerability in respect of the Services or the networks or services connected to the Services or the Equipment;
(l) attempts to impersonate another user or person;
(m) uses the account, username, or password of another person at any time or disclosing your password to any third party or permitting any third party to access your account;
(n) is in breach of any law or the rights of any other party; or
(o) involves distributing, uploading or downloading content which contains nudity, violence, or offensive subject matter or contains a link to an adult Website or includes a photograph of another person that you have uploaded without that person's consent.
19.3 You will not use our Services with devices or equipment, or connect any devices or equipment to our Equipment, which you have reason to believe has become compromised by a computer virus, malware or other malicious code that may harm or threaten our network, affect the service we provide to other customers or adversely affect the status of the internet protocol (IP) address that we have assigned to you.
19.4 If you do not comply with the Usage Policy or let anyone else misuse the Services or the Equipment we may have to charge you for any loss or damage that we suffer as a result.
Last updated: 01/09/20
Offer only available on a 24 months contract (Ultrafast, Hyperfast & Gigafast packages) for new customers only. Offer excludes Superfast package. Offer cannot be used in conjunction with any other offer. Customer must enter code BOOM at the checkout to redeem the offer and cannot be added retrospectively. Offer only available from 17th August 2020 to 13th September 2020 at 23:59. For full details see communityfibre.co.uk/deals.
Last updated: 12/05/20
Community Fibre Limited B2B Terms & Conditions All rights reserved. © Community Fibre Ltd 2020
1.1 These Standard Terms set out the definitions and the general terms and conditions applicable to the Services. By placing an
order for Services, the Customer agrees to these Standard Terms, the Usage Policy and, if applicable, the Data Processing Addendum in full.
1.2 These Standard Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.3 In the event of a conflict between these Standard Terms and an Order Form, these Standard Terms shall prevail.
In these Standard Terms, the following definitions apply:
"Applicable Law" means all laws, regulations, orders, rules, guidance, directions, judgments, directives, industry agreements or determinations in force from time to time applicable to a Party and relevant to this including the Bribery Act 2010.
"Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
"Business Hours" means 8am to 8pm, Monday to Sunday.
"Broadband Services" means the broadband services offered by the Supplier as described in more detail in the Specification.
"Cancellation Fee" means the full amount of Charges that the Customer would have paid for the Services up to the end of the Minimum Contract Term if the Services were not terminated before the end of the Minimum Contract Term plus any installation fee.
"Charges" means the charges payable by the Customer for any Equipment and the Services set out in the Order Form which may consist of a subscription charge, a connection charge, installation charges and charges for any additional services set out in the Order Form.
"Commencement Date" means the date of the Supplier's written acceptance of the Customer's Order Form.
"Contract" means the contract between the Supplier and the Customer for the Equipment and the Services comprising of the Order Form accepted in writing by the Supplier, these Standard Terms, the Specification, the Usage Policy and, if applicable, the Data Processing Addendum.
"Customer" means the person who purchases the Services from the Supplier as set out on the Order Form.
"Customer Default" means as described in clause 7.7(b).
"Customer Premises" means the premises at which the Services are to be supplied as specified on the Order Form.
"Data Processing Addendum" means the data processing addendum available at www.communityfibre.co.uk/legalstuff#data-processing
"Data Protection Laws" means any applicable laws and regulations relating to the use or processing of personal data including:
(i) EU Regulation 2016/679 ("GDPR");
(ii) any laws or regulations ratifying, implementing, adopting, supplementing or replacing the GDPR (including, in the UK, the Data Protection Act 2018 ("DPA") and the applied GDPR); and (iii) any laws and regulations implementing or made pursuant to EU Directive 2002/58/EC (as amended by 2009/136/EC) (including, in the UK, the Privacy and Electronic Communications (EC Directive) Regulations 2003); in each case, as updated, amended or replaced from time to time.
"Equipment" means any equipment that is owned by the Supplier or is part of the Supplier's network and used to install, supply or maintain the Services including equipment that may belong to the Supplier's third-party suppliers (including any broadband router, boosters and cabling.)
"Event of Force Majeure" means an event beyond the reasonable control of a party including a strike, lock out or other form of industrial action, outbreak of hostilities, riot, civil disturbance or acts of terrorism; fire, explosion or flood; failure of a utility network or transport network; or theft and malicious damage.
"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Minimum Contract Term" means the minimum period during which the Customer commits to take the Services as specified on the Order Form. The Minimum Contract Term shall commence on the date of installation and shall continue for the period set out in the Order Form.
"Order Form" means the order form for the Services.
"Party" means a party to the Contract.
"Services" means any Broadband Services and other services described in the Specification that the Supplier has agreed to provide as set out in the Order Form accepted by the Supplier together with any installation and connection services and any additional services made available to the Customer.
"Specification" means the description or specification of the Broadband Services and other services offered by the Supplier provided in writing by the Supplier to the Customer.
"Standard Terms" means these terms and conditions as revised from time to time in accordance with clause 9.3.
"Supplier" means Community Fibre Limited (CFL), a company registered in England and Wales with company number 07413288 and with registered office address being 32 Page Street, London, SW1P 4EN.
"Supplier Materials" means all materials and equipment provided by and owned by the Supplier or its suppliers or licensors for the Customer's use of and access to the Services.
"User" means the Customer or anyone permitted by the Customer to use the Services under this Contract.
"Usage Policy" means the Supplier’s usage policy as made available on the Website and which may be amended from time to time.
"Website" means any website as operated by the Supplier from time to time including but not limited to www.communityfibre.co.uk.
In these Standard Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a Party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
(e) a reference to writing or written includes faxes and e-mails; and
(f) time shall not be of the essence for performance of the Services.
2.3 In this Contract the terms "Personal Data", "processing", "processor" and "controller" shall have the meanings set out in the GDPR.
3.1 The Order Form constitutes an offer by the Customer to purchase the Services in accordance with these Standard Terms and the Usage Policy. The Order Form shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order Form to the Customer, at which point the Contract will come into existence.
3.2 Subject to earlier termination in accordance with these Standard Terms, the Contract shall commence on the Commencement Date and shall continue until expiry of the Minimum Contract Term and thereafter unless and until terminated by either Party in accordance with these Standard Terms.
3.3 All Broadband Services and other services advertised on the Website are subject to availability and the Supplier will only provide them within buildings and/or properties that have been pre-wired to work with the Services.
4.1 The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects. However, the Supplier is unable to guarantee that there will be no disruption to the Services provided (in particular, the speed of the Services) due to the nature of the Services and the Equipment including the requirement for regular maintenance.
4.2 The Supplier shall use reasonable endeavours to meet any installation and delivery dates in the Order Form accepted by the Supplier, subject to any dates being estimates only.
4.3 Notwithstanding clause 4.2, if the Services are not ready for use by the Customer within one hundred and twenty days (120) from the Commencement Date (or such other period as is otherwise agreed by the Parties in the Order Form) then either Party may terminate the Contract without any liability to the other Party including any liability to pay the Cancellation Fee, by seven (7) days' notice in writing.
4.4 The Supplier shall ensure that:
(a) the Services are provided using reasonable care and skill of a competent telecommunications network provider; and
(b) all work carried out by the Supplier in connection with the Services are carried out by competent and suitably qualified personnel.
4.5 The Supplier shall use reasonable endeavours to pass the benefit of any manufacturer's guarantee for all new Equipment onto the Customer where it is able to do so. If the Supplier provides Equipment that does not have a manufacturer's guarantee that can be passed onto the Customer, the Supplier warrants that on delivery and for a period of six (6) months from delivery, the Equipment will be free from significant defects, save for:
(a) any fair wear and tear;
(b) any deliberate damage, abnormal storage or working conditions, accident, failure to use skill and care by the Customer or by any third party, unless the third party is the Supplier's sub-contractor;
(c) if the Customer fails to operate or use the Equipment in accordance with the Equipment's instructions; or
(d) if the Customer (or any third party) carries out any alteration or repair not authorised by the Supplier, unless the third party is the Supplier's subcontractor.
4.6 The Customer shall pay for any out of warranty replacements of Equipment.
4.7 Any drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them and do not form part of the Contract.
5.1 The Customer shall:
(a) ensure that the terms of the Order Form are complete and accurate;
(b) be responsible for any Charges under the Contract regardless of whether the Customer or anyone Community Fibre Limited Standard Terms for the Supply of Services (whether they are authorised to use the Services or not) incurs those Charges (unless the Charges result from fraud by someone the Customer could not have had control over);
(c) subject to clause 5.2, be responsible for any loss of or damage to the Equipment (fair wear and tear excepted) and reimburse the Supplier for any loss or damage to the Equipment, except where such loss or damage is caused by the Supplier or its sub-contractors or agents;
(d) obtain and maintain all necessary licences, permissions and consents required for performance of the Customer's obligations in connection with this Agreement and installation of the Equipment; and
(e) be solely responsible for the content and security of data or information which it or its Users sends or receives using the Services.
5.2 The Customer shall (and shall procure that its Users shall), at the Customer's own cost and expense:
(a) co-operate with the Supplier and comply with the Supplier's instructions and any applicable guidance or manuals in all matters relating to the Services and provide the Supplier with such information and materials as the Supplier may reasonably require in connection with the Services, and ensure that such information is accurate in all material respects;
(b) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer Premises and other facilities as reasonably required by the Supplier;
(c) prepare the Customer Premises for the supply of the Services;
(d) ensure any equipment it uses to connect to the Services meet the minimum specifications (if any) detailed on the Website, is compatible with the Equipment and the Services, is in good working order and conforms at all times with any applicable industry guidelines, regulations and laws;
(e) provide reasonable access in order to install, connect, maintain, inspect, alter, replace or remove the
(f) carry out a virus check before the Services are connected to the Customer's equipment and provide the Supplier with any information about the Customer's equipment that the Supplier reasonably requests;
(g) take all reasonable care to prevent the loss, theft and damage to the
Equipment, to keep the Equipment at all times under its control and possession and not to remove the Equipment from the Customer Premises;
(h) inform the Supplier immediately about any loss or damage to the Equipment;
(i) comply with all licence terms as required from time to time in relation to any of the Services;
(j) inform the Supplier immediately upon becoming aware of any fraud or any suspected or actual unauthorised use of the Services;
(k) comply with all Applicable Law; and
(l) comply with the Usage Policy.
5.3 The Customer agrees that it is procuring the Services and Equipment for its own use and for the benefit of its Users as authorised by and in accordance with this Contract and it will not re-sell, re-supply or otherwise distribute the Services and Equipment or
allow Users to do so.
5.4 The Customer shall not use the Services for any unlawful, immoral or improper purpose including, without limitation, sending or receiving any communications contrary to section 127 of the Communications Act 2003. A breach of this clause 5.4 shall be a material breach of the Contract. The Customer shall indemnify the Supplier in full against all losses, damages, claims, liabilities demands, costs and expenses arising out of or in connection with any use of the Services in breach of this clause 5.4.
6.1 The Customer shall pay the Supplier the Charges set out in the Order Form accepted by the Supplier, in full and in cleared funds to a bank account nominated in writing by the
Supplier. Time for payment shall be of the essence of the Contract.
6.2 The Order Form will set out the timescales for payment of the Charges. Subscription and other charges for the package of Services are payable in advance from the date set out in the Order Form. The Supplier will either charge for any additional Services or Equipment in the month following the one in which the additional Services or Equipment are taken or in a later bill. If the Services have a connection fee, the connection fee is due on the installation date, being the date for installation set out in the Order Form or such later date as notified to the Customer in accordance with clause 18.2.
6.3 Save for payments due in advance pursuant to clause 6.2, the Customer shall pay each invoice submitted by the Supplier within five (5) Business Days of the date of the invoice by BACS or Direct Debit to the bank account specified by the Supplier from time to time.
6.4 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
6.5 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment which is not disputed in good faith in accordance with clause 6.7 then the Supplier may:
(a) charge the Customer and the Customer shall pay interest on the overdue amount at the rate of 4% per cent per annum above Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
6.6 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
6.7 The Customer must notify the Supplier in writing of any amount disputed in good faith within fourteen (14) days of the date of the invoice.
6.8 The Supplier will charge for any Equipment requested by the Customer as a lump sum or in instalments payable on a monthly basis, as set out in the Order Form accepted by the Supplier. Any Equipment Charges that are not already included as part of the order for Broadband Services will be set out in the Order Form.
6.9 The Supplier reserves the right to increase its Charges at any time. The Supplier will give the Customer not less than thirty (30) days’ written notice of any such increase before the proposed date of the increase. If such increase is to the Customer's material detriment, the Customer may terminate the Contract without liability for any Cancellation Fee subject to the requirement that the Customer must serve thirty (30) days' written notice of termination within (30) days of the notice of the increase from the Supplier pursuant to clause 7.1.
6.10 Any price quoted on the Supplier’s Website or any of its sales staff for the Broadband Services or any other services advertised on the Website shall not constitute an offer by the Supplier and may change from time to time.
6.11 If the Supplier discovers that the Customer has used the Services or Equipment without the Supplier's permission at any time, the Supplier will also be entitled to charge the Customer for any subscription or usage Charges relating to those Services or Equipment.
6.12 This clause continues to apply after the Contract has ended.
7.1 If the Supplier has notified the Customer that the Supplier intends:
(a) to change the Services provided;
(b) to change the Contract; or
(c) to increase the Charges, and it is likely to be to the material detriment of the Customer, the Customer has the right to terminate the Services and the Contract by serving thirty (30) days' notice within thirty (30) days of receipt of the notice from the Supplier of the changes.
7.2 Subject to clause 7.3 either Party may terminate the Contract in whole or in part at any time by giving the other Party 30 days' notice in writing, provided that the Supplier shall not exercise its rights under this clause 7.2 during the Minimum Contract Term.
7.3 Except for termination by the Customer pursuant to clauses 6.9, 7.1, 7.5 and 9.1 and 11, if the Customer chooses to terminate the Contract before the expiry of the Minimum Contract Term or if the Supplier chooses to terminate this Contract pursuant to clauses 7.4 or 7.5, the Customer will be liable to pay the Supplier:
(a) the Cancellation Fee and the usage charges that would have been paid for the remaining period of the Minimum Contract Term or any extension of it; and
(b) any other charges that the Customer has accrued under this Contract up to the date of termination. The Parties agree that the Cancellation Fee and the charges that would have been paid for the remaining period of the Minimum Contract Term or any extension of it are a genuine pre-estimate of the loss likely to be suffered by the Supplier and not a penalty.
7.4 The Supplier may terminate the Contract or, where reasonable to do so in the circumstances, suspend all or part of the provision of the Services immediately upon written notice to the Customer, if one or more of the following occurs:
(a) except where the charges are disputed in good faith in accordance with clause 6.7, the Customer fails to pay Charges due ten days after the Supplier has sent a payment reminder;
(b) the Supplier has reason to believe that the Customer has provided false, inaccurate or misleading information or is using the Services fraudulently, or is using the Services in an unauthorised manner and does not remedy the false information or fraudulent usage in a reasonable time;
(c) the Customer has exceeded its usage allowance or does not comply with the Usage Policy, and continues to do so after notification from the Supplier.
7.5 Either Party may terminate the Contract or, in case of the Supplier, where reasonable to do so in the circumstances, suspend all or part of the provision of the Services immediately upon written notice to the other Party, if one or more of the following occurs:
(a) the other Party commits a material breach of the Contract and fails to remedy it within thirty (30) days of receiving notice requiring it to be remedied or if the breach is unable to be remedied;
(b) the other Party passes a resolution for its winding-up or a court of competent jurisdiction makes an order for the winding-up or the dissolution of the other Party;
(c) any steps are taken for the making of an administration order or the appointment of an administrator under the out-of-court procedure under the Enterprise Act 2002 or notice is given of an intention to appoint an administrator in relation to the Other Party or any steps are taken for the appointment of a receiver or administrative receiver, or an encumbrancer takes possession of or sells any of the other Party's assets;
(d) the other Party makes an arrangement or composition with its creditors generally or makes an application to a court of competent jurisdiction for protection from its creditors generally;
(e) the other Party ceases to do business at any time for 30 consecutive days;
(f) the other Party is unable to pay its debts (within the meaning of that term under section 123, Insolvency Act 1986);
(g) the other Party (being an individual) is the subject of a bankruptcy petition, application or order;
(h) any event occurs or proceedings are taken with respect to the other Party in any jurisdiction to which it is subject that has an effect equivalent or similar to any events or proceedings set out at clauses7.5 (b) to (g).
7.6 The Supplier may terminate the Contract or suspend provision of the Services (or part of) immediately on notice to the Customer if:
(a) any permission under which the Supplier is entitled to connect, maintain, modify or replace the Equipment required to provide the Services is ended for any reason;
(b) the Supplier is required to do so by law or regulation or to comply with an order, instruction or request of government, an emergency services organisation or other competent administration or regulatory authority; or
(c) the Supplier can no longer provide the relevant Service for any reason, provided that, in each case, the Supplier shall provide as much notice to the Customer as is
practicable in the circumstances.
7.7 The Supplier may temporarily suspend the Services or part of them immediately on notice to the Customer:
(a) the Supplier has reason to believe that the Customer's equipment has become compromised by a computer virus or other malicious code that may threaten the Supplier's network;
(b) if the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation ("Customer Default");
(c) if the Supplier needs to carry out maintenance, technical repair, upgrades or emergency work or take any measures to protect or to ensure the security of the Supplier's network;
(d) in an emergency, including if in the Supplier's reasonable opinion, the provision or use of the Services is likely to cause death, personal injury or damage to property; or
(e) if the Customer becomes subject to any of the events listed in clause 7.5, or the Supplier reasonable believes that the Customer is about to become subject to them. The Supplier may terminate the Contract immediately on notice to the Customer if the circumstances described in clause 7.7(a) are not remedied within thirty (30) days of the Supplier's notice of it.
7.8 The Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from suspension of the Services permitted under this clause 7. The Customer shall reimburse the Supplier on written demand for any costs
or losses sustained or incurred by the Supplier arising directly or indirectly from a Customer Default.
7.9 The Customer shall remain liable to the Supplier for the Charges during any period of suspension.
7.10 If the Supplier suspends the Services or part of them under this Contract, the Supplier will provide as much notice as possible, minimise the impact of the suspension on use of the Services and Equipment and restore the Services as soon as reasonably possible.
8.1 On termination of the Contract or the Services:
(a) the Customer shall immediately pay to the Supplier all outstanding Community Fibre Limited Standard Terms for the Supply of Services Charges properly due and payable
under this Contract; and
(b) the Customer must promptly return any Equipment to the Supplier at the Customer's own cost. If the Customer fails to comply with this clause 8, at the Supplier's election:
(i) the Supplier may enter the Customer's premises to take possession of the Equipment and the Customer shall pay the Supplier's reasonable charges for recovery of the Equipment; or
(ii) the Customer shall pay the Supplier's charges for replacement of the Equipment. Until the Equipment has been returned, the Customer shall be solely responsible for its safe keeping and will not use it for any purpose not connected to this Contract.
8.2 All rights and obligations of the parties shall cease to have effect immediately on termination of this Contract except that termination shall not affect:
(i) the accrued rights and obligations of the parties at the date of termination;
(ii) the right to claim damages for losses whenever they occur provided they arise out of an event occurring on or before termination of this Contract; and
(iii) the continued existence and the validity of the rights and obligations of the parties under clauses 6-15, 19 and 20 and any provisions of this Contract necessary for the interpretation or enforcement of this Contract and any other clauses that expressly or by implication survive termination.
8.3 This clause 8 continues to apply after the Contract has ended.
9.1 The Customer may request at any time that a change (including without limitation any modification, addition or reduction) be made to the Services or the Equipment by completion of a new Order Form subject to these Standard Terms. The Supplier shall have the right to reject any new or amended Order Form requested by the Customer but shall not exercise such right unreasonably. The new Order Form shall become effective once it has been accepted by the Supplier in writing.
9.2 If the Supplier makes any changes to the Services, the Equipment or the Contract which is likely to cause the Customer material detriment:
(a) the Supplier will give the Customer at least thirty (30) days' written notice of the change by email; and
(b) the Customer will be entitled to terminate the Services and the Contract, subject to the Customer serving thirty (30) days' written notice within thirty (30) days of the date that the Supplier sends the notice of the change.
9.3 The Supplier may revise the Contract from time to time:
(a) for compliance with any law, regulation, regulatory requirement, licence, guidance or code of practiceor safety requirements;
(b) to reflect changes in technology, the Supplier's prices, the Supplier's business, the Broadband Services or other services or the Equipment including any changes to the Supplier's suppliers; or
(c) to make the Contract clearer or easier to understand or otherwise which do not materially affect the nature or quality of the Services or the Customer's rights and obligations under this Contract.
9.4 The Supplier may temporarily or permanently control or restrict the Customer's online activities to protect the Supplier's network and maintain the quality of service:
(a) where such activities may have a detrimental effect on other customers' quality of service and it is reasonable for the Supplier to do so (e.g. sending “spam” messages).
(b) if the Customer does not comply (or does not procure that its Users comply) with the Usage Policy and it is reasonable for the Supplier to do so.
9.5 The Supplier reserves the right to monitor and control data volume and/or types of traffic transmitted via the Services and the Equipment. In the event that the Customer exceeds any usage allowance applicable to the Internet access or does not comply with the Usage Policy, the Supplier reserves the right (at its sole option) to reduce the Services provided reasonable notice is served.
9.6 During any time of reduction under clause 9.5, the Customer will remain responsible for the payment of its original level of subscription charge. The Supplier also reserves the right (at its sole option) to regrade the Customer's Internet access to a different speed and/or usage allowance at the appropriate charge provided reasonable notice is given.
9.7 Subject to clause 9.2, the Supplier may at any time change, replace or withdraw the Services, the Equipment or the Broadband Services available.
9.8 Upon withdrawal of the Services, the Supplier will supply the closest equivalent package unless the Customer notifies the Supplier in writing of their particular package choice within thirty (30) days of receiving the Services withdrawal notification from the Supplier.
10.1 Nothing in these Terms and Conditions shall limit or exclude either Party’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be restricted by applicable law; or
(d) an event giving rise to a claim under clauses 5.4, 13.5 or 14.
10.2 Subject to clause 10.1, neither Party shall be liable to the other Party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
(a) loss of profit;
(b) loss of business;
(c) loss of contracts;
(d) loss of bargain;
(e) loss of anticipated savings;
(f) loss of or damage to goodwill or reputation;
(g) loss of corruption to data; or
(h) indirect or consequential loss.
10.3 Subject to clauses 10.1, 10.2 10.4 and 10.5 each Party's total liability to the other Party arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed 125% of the value of the amounts paid or
payable to the Supplier by the Customer for the Services and any Equipment in the twelve (12) months preceding the event giving rise to the liability, in aggregate.
10.4 Except as expressly set out in this Contract, all warranties, conditions and other terms implied by statute, common law, custom, trade, course of dealing or otherwise, are excluded to the fullest extent permitted by law, including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
10.5 Nothing in this clause 10 shall limit or exclude the Customer's obligation to pay the Charges or any Cancellation Fee.
10.6 This clause 10 shall survive termination of the Contract.
Neither Party shall be deemed to be in breach of this Contract, or otherwise liable to the other, by reason of any delay in performance or non-performance of any of its obligations under this Contract to the extent that such delay or non-performance is due to Community Fibre Limited Standard Terms for the Supply of Services an Event of Force Majeure. The Party affected by the Event of Force Majeure shall be entitled to a reasonable extension of time for performance if its obligations affected by the Event of Force Majeure, provided that if the delay or non-performance continues of more than 60 days, either Party may terminate this Contract, without liability for any Cancellation Fee, with immediate effect by serving a written notice on the affected Party.
12.1 Where the Supplier provides Equipment for use with the Services, the Supplier continues to own this Equipment at all times.
12.2 Any internet address allocated by the Supplier to the Customer will at all times belong to the Supplier and the Customer may not sell or agree to transfer the number to any person. The Customer has a nontransferable right to use such Internet address whilst the Customer receives Broadband Services from the Customer. In the event the Contract is terminated or expires, for whatever reason, the Customer's right to use the Internet address will automatically terminate.
13.1 All Intellectual Property Rights in the Equipment and any and all software or hardware systems required to use and operate, or which form part of or arise out of or in connection with any of the Services, other than any Intellectual Property Rights
created by the Customer, are the exclusive property of the Supplier or its licensors.
13.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights used in the provision of the Services, the Customer’s right to use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.
13.3 The Customer's right to use the Equipment and any such software and hardware systems is subject always to the Contract and any 'end-user-licence' agreement (if asked to agree one). The Customer agrees not to use the Equipment and any software and
hardware systems for any purpose other than using and accessing the Services. Except as expressly permitted by copyright law, the Customer has no right to copy, adapt, reverse engineer, decompile, disassemble, modify or adapt the Equipment or any such software and hardware systems in whole or in part. 13.4 The Customer will comply with all applicable laws and the Usage Policy in relation to any Intellectual Property Rights in the course of its usage of the Services, for example, access to third party copyright material.
13.5 The Customer agrees to indemnify the Supplier and keep the Supplier fully indemnified against all losses, damages, claims, demands, costs and expenses of whatever nature (including reasonable legal fees and court costs) arising out of or in any way connected with the Customer’s unauthorised or illegitimate use of Intellectual Property Rights.
13.6 The Supplier shall:
(a) notify the Customer as soon as reasonable practicable of any matter which the Supplier reasonably considers gives rise to liability under the indemnity;
(b) subject to the Customer providing security to the Supplier's reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which the Supplier may incur in the process, allow the Customer to take such action as the Customer may reasonably request to avoid, dispute, compromise or defend the claim with the reasonable assistance of the Supplier (at the Customer's cost); and
(c) not admit liability in respect of, or settle the matter without the prior written consent of the Customer such consent not to be unreasonably withheld or delayed.
13.7 The Supplier reserves the right to update or replace software relevant to the Services or Equipment from time to time and the Customer will allow the Supplier to do so.
14.1 A Party ("Receiving Party") shall keep in strict confidence all commercial and technical information including business, statistical, financial, marketing and personnel information, customer or supplier details, know-how, designs, trade secrets and software which would be regarded as confidential by a reasonable business person and have been disclosed to the Receiving Party by the other Party ("Disclosing Party"), its employees, agents or subcontractors ("Confidential Information").
14.2 The Receiving Party shall only disclose such Confidential Information to:
(a) those of its employees, agents, professional advisers, auditors and subcontractors who need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such persons comply with the obligations set out in this clause as though they were a Party to the Contract.
14.3 This clause 14 shall not apply to: (a) information that has entered the public domain through no fault of the Receiving Party;
(b) information that was previously disclosed to the Receiving Party without any obligation of non-disclosure;
(c) information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction but only to the extent required and for the purpose of such disclosure; and
(d) information that the Disclosing Party has given its consent in writing to disclose.
14.4 This clause 14 shall survive termination of the Contract.
15.1 Subject to clause 15.4, the Parties acknowledge and agree that for the purposes of the Data Protection Laws, the Supplier is a controller with respect to the Customer Personal Data under this Contract and in
connection with the Services.
15.2 Each Party shall comply with its obligations under Data Protection Laws when processing Personal Data under this Contract and in connection with the Services.
15.3 The Customer shall:
(b) to the attention of Users; and
(c) take reasonable steps to ensure that the Personal Data is accurate and up-to-date when disclosed to the Supplier.
15.4 To the extent that the Supplier processes Personal Data on behalf of the Customer as a processor in connection with the Services, the Data Processing Addendum shall apply to and be incorporated into this Contract.
16.1 The Services enable access to the internet, use of which is solely at the Customer's risk.
16.2 If the Customer chooses to purchase additional, paid-for services that are available via the Broadband Services from a third Party, the Supplier will have no liability to the Customer for the quality or performance of that third-party service.
17.1 The Customer will have access to the Supplier's Service Desk via telephone or email. The Supplier's contact number is 0800 082 0770 and our email is [email protected]. The Supplier's Service Desk provides assistance with registration and access problems that may arise as a result of network issues relating to the Services or any issues with the Equipment. Any calls to the Service Desk may be recorded or monitored for training and other purposes.
17.2 The Service Desk Support does not include support of hardware or software installed on the Customer's PC or of other hardware that the Customer owns. These types of issues will not be logged with the Service Desk and the Customer is responsible for obtaining any support needed at its own cost.
18.1 Where the Supplier has not installed all the Equipment needed to provide the Services:
(a) the Supplier will agree a date to do so; and
(b) the Customer agrees to provide reasonable access on that date for the installation.
The Supplier will explain the type of installation needed and any Charges before completion of the order and the details will be set out in the Order Form.
18.2 The Supplier reserves the right to change the time and/or date of installation will notify the Customer of the changes and as soon asreasonably possible (and within at least forty–eight (48) hours).
18.3 Pursuant to clause 5.2(c), a competent staff member from the Customer over the age of 18 must be present during the installation and for any repair or maintenance required to the Equipment.
18.4 The Customer agrees that the Supplier is authorised to install and keep installed the Equipment at the Customer Premises and that the Supplier's employees, agents or contractors may enter the Customer premises to:
(a) carry out any work that is necessary to connect, maintain, alter, replace or remove any equipment necessary to supply the Services; and
(b) inspect any equipment including the Equipment which may be kept there.
18.5 The Customer will ensure that it has the appropriate and necessary permissions for the Supplier to carry out any of these activities in this clause 18 at the Customer Premises.
18.6 The Supplier will use reasonable endeavours to comply any reasonable health and safety and security policies notified to it in advance.
18.7 All risks in Equipment pass to the Customer on delivery or, if the Equipment is to be installed by the Supplier, on installation.
19.1 The Customer may submit any complaints by calling Freephone 0800 082 0770 or by email at [email protected] or by post at Community Fibre Customer Services, 32 Page Street, London, SW1P 4EN.
19.2 The Supplier will attempt to resolve the complaint during the initial call but may escalate the complaint to a manager if necessary.
19.3 If we have failed to reach an agreed resolution within eight weeks of receiving your complaint then you have the option of referring your complaint for independent consideration to The Ombudsman Service with the following contact details:
Post: Ombudsman Services, Communications, P.O. Box 730, Warrington, WA4 6WU
Phone: 0330 440 1614
Email: [email protected]
Assignment and other dealings
20.1 The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
20.2 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
20.3 If you need to contact us, please email us at [email protected] in the first instance.
20.4 Alternatively, notices under or in connection with the Contract may be addressed to a Party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that Party may have specified to the other Party in
writing in accordance with this clause. 20.5 A notice given under clause 20.4 shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 20.3; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
20.6 The provisions of these clauses 20.3 to 20.6 shall not apply to the service of any proceedings or other documents in any legal action.
20.7 To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of this Agreement, it shall not affect the enforceability of the remainder of this Agreement nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
20.8 If any clause or sub-clause of this Contract is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original clause.
20.9 No single or partial exercise, or failure or delay in exercising any right, power or remedy by any Party shall constitute a waiver by that Party of, or impair or preclude any further exercise of, that or any right, power or remedy arising under this Agreement or otherwise.
No partnership or agency
20.10 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either Party the agent of the other for any purpose. Neither Party shall have authority to act as agent for, or to bind, the other Party in any way.
20.11 No express term of this Contract or any term implied under it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a Party to it.
20.12 Except as set out in these Terms and Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by each Party.
20.13 This Contract sets out the entire agreement and understanding between the Parties and subject to the provisions of sub-clause 20.12 supersedes all prior agreements, understandings or arrangements (whether oral or written) in respect of the subject
matter of this Agreement.
20.14 Each Party acknowledges that it has entered into this Contract in reliance only on the representations, warranties, promises and terms contained in this Contract and, save as expressly set out in this Contract, neither Party shall have any liability in respect of any other representation, warranty or promise made prior to the date of this Contract unless it was made fraudulently.
20.15 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
20.16 Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including contractual disputes or claims).
21.1 For the purposes of this clause 21, "Material Fault" means a business critical failure of the Services or the Equipment that materially impacts the operations of the Customer's business or prevents business critical work from being done.
21.2 The Supplier shall remedy all Material Faults within twenty-four (24) Business Hours of the Customer reporting the fault in accordance with clause 21.4. If the Customer is paying for an Enhanced SLA (as described on the Order Form) then the Supplier commits to
remedy all Material Faults within the hours declared for that Enhanced SLA on the Order Form accepted by the Supplier in writing. The Parties may, on a case-by-case basis, agree in writing to a reasonable extension of the Material Fault response times set out in this clause 21 and/or the Order Form.
21.3 The Customer acknowledges that, to properly assess and resolve a fault, it may be necessary to permit the Supplier access to the Customer Premises.
21.4 The Customer shall report all faults by telephone to the Customer's Service Desk number set out in clause 17 or by such other method as the Supplier may from time to time permit or require as stated on the Website. To be eligible for a credit, the Customer must notify the Supplier of the fault using the above method as soon as practicable and in any event within thirty (30) days from the date the fault comes to the Customer's attention. The Customer must include sufficient information for the Supplier to identify the Customer and Services affected, including when the Customer became aware of the fault and a description of the problem. The remedy time is calculated from the time a fault is reported in accordance with this clause 21.4 and ends when the Supplier closes its maintenance log concerning such fault.
21.5 Subject to clauses 21.6 and 21.7, if the Supplier fails to remedy any Material Fault within the applicable period stated in clause 21.1, it shall grant the Customer a maximum one-off single credit of £25, or maximum £100 one-off credit if the Customer is paying for an Enhanced SLA per fault or series of related faults. All credits will be applied as a deduction from the following month’s Charges payable by the Customer under this Contract. The Supplier shall not in any circumstances be obliged to pay any money or make any refund to the Customer. The Customer agrees that such payment represents the Customer’s sole remedy and the Supplier’s sole liability in contract, tort (including negligence) or otherwise for any failure of the Supplier to comply with clause
21.1 and for any faults or other failure in Services. The Customer may only claim one credit per fault or series of connected faults.
21.6 The SLA set out in clause 21.1 shall not apply:
(i) to a fault cause by an Event of Force Majeure or by anyone other than the Supplier (including without limitation faults caused by the action, inaction or delay of the Customer or of a third party supplier of the Customer or the Supplier) or to a failure within equipment provided by the Customer or otherwise outside of the Supplier's Broadband Services network;
(ii) if the fault is caused by the Customer (or any of its Users)'s act, omission or delay;
(iii) if, following reporting of the fault, the Supplier is unable to contact the Customer or the Customer does not provide access to the Customer Premises when reasonably required or is unavailable to take delivery of a replacement router or fails to provide such other assistance as the Supplier may reasonable require;
(iv) if the Supplier’s failure to remedy a fault within the agreed remedy period is due to a Force Majeure Event; or
(v) if the Supplier is unable to find a fault or the Customer cancels the fault report prior to the fault being remedied.
21.7 The Parties agree that the credits set out in this clause 21 are a genuine pre-estimate of the loss likely to be suffered by the Customer and not a penalty.
Last updated: 06/04/20
It is the intention and policy of Community Fibre Ltd. (CFL) that the health & safety, environmental and quality performance is continually improved in order that we meet our moral, social and legal responsibilities and are held in high regard by our customers and employees. To this end, CFL has developed an integrated management system (IMS) in accordance with the requirements of ISO45001, ISO14001 and ISO9001.
To view the full policy click here.
Last updated: 10/03/20
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