Use of any Fibairo product or service is subject to our Acceptable Use Policy; and Privacy Policy
Which are hereby incorporated into these terms and conditions. These Terms and Conditions are in effect from 01/04/2021.
The Terms and Conditions of service are made up of this important information and the following terms (including any other document we refer to in those terms):
Fibairo Acceptable Use Policy
Fibairo General Terms
Fibairo Service Schedule
Fibairo Technology Charges Schedule.
If any of these documents contradict each other, the terms will apply in the order set out above.
Important information
1.1 The contract begins on the date Fibairo communicates its acceptance of the Customer’s order for the service and will continue until ended by the Customer or Fibairo in accordance with this contract.
1.2 The service commences on the service start date.1.4.3 until title passes the Customer undertakes not to sell, charge, assign, transfer or dispose of or part with possession of or encumber the equipment in any way;
1.4.4 Fibairo does not guarantee the continuing availability of any equipment and Fibairo reserves the right to add to, substitute or to discontinue any equipment; and
1.4.5 it is the Customer’s responsibility to satisfy itself as to the suitability of the equipment for its needs.
1.5 If the Customer does not wish to use Fibairo provided equipment with the service, the Customer can connect their own equipment once Fibairo has completed the provisioning process and advised the customer accordingly.
Fibairo 2021
Provision of the service
2.1 Where Fibairo sells equipment to the Customer, the equipment is designed for use with the service and includes a 12-month manufacturer warranty. Please see manufacturer’s documentation for more information. If the equipment is faulty upon arrival please notify us that it is faulty and we will send you a replacement service as soon as possible. Fibairo do not accept any liability for late deliveries or deliveries lost in the post. Fibairo or the manufacturer will not accept liability for equipment damaged by the Customer in or outside of the 12-month warranty period.
2.2 Orders placed for Business services are business to business transactions to which the Consumer Contracts (Introduction, Cancellation and Additional Charges) Regulations 2013 do not apply. Consumer contracts are unaffected by this clause and are subject to standard consumer protection legislation.
2.3 Where the Customer orders an additional option to be applied to the service provided under this contract, the terms and conditions applicable to that option will apply and will be incorporated into the Customer’s contract.
Site preparation, access and installation
2.4 The Customer agrees to prepare the site according to any instructions Fibairo may give and to provide Fibairo with reasonable access to the site for the purposes of the contract. The Customer agrees to provide at its expense a suitable place and conditions for Fibairo equipment and, where required, a continuous mains electricity supply and connecting points.
2.5 The Customer will obtain any permission needed for Fibairo to put Fibairo equipment on the site.
2.6 The Customer and Fibairo will meet each other’s reasonable safety and security requirements when on the site. The Customer and Fibairo agree to look after each other’s equipment on the site. If the Customer or Fibairo damages the other’s equipment it must pay for any repair or replacement needed. This does not apply where the damage results from normal use.
2.7 Fibairo will try to provide the service by any date agreed with The Customer, but all dates are estimates, unless the Service schedule states otherwise.
2.8 The Customer will be responsible for making good the site, after any work has been undertaken by Fibairo at the site, including putting items back and for re-decorating.
Faults and repair
2.9 Fibairo will try to provide uninterrupted service, but the Customer understands and agrees that from time to time faults may occur.
2.10 If the Customer reports a fault in the service Fibairo will repair the fault in accordance with the Service schedule. If Fibairo agrees to work outside the hours specified in the contract or if The Customer reports a fault and Fibairo finds there is none or that The Customer has caused the fault, Fibairo may apply a charge. This charge will be as detailed in the contract or if not detailed in the contract based on Fibairo’s reasonable costs.
Regulations and use of the service
3.1 Any customer equipment must be:
3.1.1. technically compatible with the service and not harm Fibairo’s network or another customer’s equipment;
3.1.2. connected using the applicable Fibairo network termination point, unless the Customer has Fibairo’s permission to connect by another means, and used in compliance with any relevant instructions, standards or laws; and
3.1.3. adequately protected by the Customer against viruses and other breaches of security.
3.2 The Customer will not permit or make any attempt to disassemble, deconstruct, break down, hack or otherwise interfere with any Fibairo equipment.
Proper use
3.3 The service must not be used:
3.3.1. in contravention of any licence, code of practice, instructions or guidelines issued by a regulatory authority, third party’s rights or Fibairo’s Acceptable Use Policy, or
3.3.2. fraudulently or in connection with a criminal offence or in any way that is unlawful, and the Customer must make sure that this does not happen; or
3.3.3. to send, communicate, knowingly receive, upload, download or use any material or make any calls that are offensive, abusive, indecent, defamatory, obscene, menacing, cause annoyance, inconvenience, needless anxiety or are intended to deceive; or
3.3.4. in any way Fibairo considers is or is likely to be detrimental to the provision of the service to the Customer or service to any of Fibairo’s other customers.
3.4 The Customer will comply with Fibairo’s reasonable instructions regarding health, security, safety, or the quality of the service.
Security
3.5 If Fibairo becomes aware of, or is made aware of, a malicious domain, it may take steps in its network to block access to that domain to protect the Customer from possible criminal threats associated with that domain.
3.7 The Customer is responsible for the proper use of user security details, if any, and must take all necessary steps to ensure they are kept confidential, secure and not made available to unauthorised persons.
3.8 If the Customer believes that any user security details are or are likely to be used in an unauthorised way, the Customer must inform Fibairo immediately. The Customer must not change or attempt to change a user-name without Fibairo’s prior agreement.
3.9 Fibairo does not guarantee the security of the service against unauthorised or unlawful access or use. If Fibairo believes there is or is likely to be a breach of security or misuse of the service Fibairo may:
3.9.1. change and/or suspend the user security details (and notify the Customer that it has done this); or
3.9.2. require the Customer to change the user security details.
Internet access
3.10 The Customer understands and agrees that the use of the internet is at the Customer’s own risk. Fibairo is not liable for tools, systems, sites or any other items the customer may access whilst online where those items are not and have not been provided, supplied, owned or maintained by Fibairo.
Content
3.11 Where Fibairo provides the Customer with content, the Customer’s use of the content is at the Customer’s own risk. The Customer understands and agrees that:
3.11.1. the content may change from time to time;
3.11.2. the content can only be used for its own purposes and is protected by copyright, trademark, and other intellectual property rights. The Customer must not copy, store, adapt, modify, transmit, distribute externally, play or show in public, broadcast or publish any part of the content without the express permission of Fibairo.
3.11.3. Fibairo does not guarantee the accuracy or completeness of the content.
3.11.4. some of the content will have its own terms and conditions. These may be displayed online or elsewhere. If the Customer accesses this content the Customer must keep to these terms and conditions; and
3.11.5. access to any content provided on a subscription basis as part of the service will cease when this contract ends.
Operational changes
3.13 Occasionally, for operational reasons, including the provision of service enhancements and/or software upgrades, Fibairo may:
3.13.1. change any codes or numbers given to the Customer, the performance or functionality of the service, or the way Fibairo provides the service, provided that any change to the service or the way Fibairo provides the service does not affect the performance or functionality of the service to The Customer’s significant detriment; or
3.13.2. interrupt or suspend service. If this happens Fibairo will restore the service as quickly as possible.
Numbers
3.14 The Customer does not own any number or have any right to sell the number related to the service, excluding, but not limited to telephone number, IP address.
Indemnity
3.15 The Customer will indemnify Fibairo against any claims or legal proceedings that are brought or threatened against Fibairo by a third party because the service is or has been used in breach of clauses 3.1 to 3.4, 3.7, 3.8, 3.11.2 and 3.14. Fibairo will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.
Monitoring and recording calls
3.16 Fibairo may monitor and record its communications with the Customer, including e-mails and phone conversations. Information collected by Fibairo may be used for training purposes, quality assurance, to record details about the services ordered by the Customer, and in order to meet Fibairo’s legal and regulatory obligations generally.
Customer consent
3.17 Unless the Customer advises Fibairo otherwise, the Customer consents to receive marketing messages from Fibairo via electronic means, telephone and direct mail. Details on how to tell Fibairo to stop sending such messages can be found in Fibairo’s Privacy Policy.
WEEE regulations
3.18 The Customer is responsible under Regulation 9 of the Waste Electrical and Electronic Equipment Regulations 2006 (‘the WEEE regulations’) for the costs of collection, treatment, recovery, recycling and environmentally sound disposal of any equipment supplied under the contract that has become waste electrical and electronic equipment (‘WEEE’). Fibairo and the Customer acknowledge that for the purposes of Regulation 9 this clause is an agreement stipulating other financing arrangements for the collection, treatment, recovery, recycling and environmentally sound disposal of WEEE. The Customer is responsible for any information recording or reporting obligations imposed by the WEEE regulations. The Customer will indemnify Fibairo against any claims or legal proceedings that are brought or threatened against Fibairo by a third party which would not have been caused or made had the Customer fulfilled its express or implied obligations under this clause or in connection with the WEEE Regulations. Fibairo will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.
Charges and payments
General
4.1 Charges for the service are as detailed in the Service schedule and calculated using the details recorded by Fibairo. Unless otherwise stated in the Service schedule or order form, Fibairo will bill charges in pounds sterling and The Customer will pay all charges in pounds sterling.
4.2 The Customer is responsible for and must pay the charges for the service whether the service is used by the Customer or someone else.
4.3 Fibairo will publish bills online at the Customer Portal. Unless otherwise stated in the Service schedule, Fibairo will make its first bill available online at the Customer Portal shortly after providing the service, and then at regular intervals, usually every month. Sometimes Fibairo may send The Customer a bill at a different time.
4.4 The Customer will be liable for charges for the service from the service start date, unless otherwise stated in the Service schedule.
4.5 Unless otherwise stated in the Service schedule The Customer agrees to pay:
4.5.1. in advance for subscription, rental, and other recurring charges (including inclusive usage charges); and
4.5.2. in arrears for usage (excluding inclusive usage charges), connection and any other non- recurring charges. Where possible the charges will appear on the Customer’s next bill but sometimes there may be a delay.
4.6 All charges are inclusive of VAT which is chargeable at the applicable rate, unless otherwise provided in the Service schedule. Early termination charges will not be subject to VAT.
4.7 If payment of any charges becomes subject to withholding tax, levy or similar payment obligation imposed by a foreign tax authority on sums due to Fibairo under the contract such withholding tax amounts will be borne and paid for by the Customer in addition to the sums due to Fibairo. The Customer will provide Fibairo without charge the appropriate certificate(s) from the relevant authorities confirming the amount of the withholding taxes, levies or similar payments borne and paid for by the Customer.
4.8 As part of its credit management procedures, Fibairo may at any time:
4.8.1. require the Customer to pay a deposit or provide a guarantee as security for payment of future bills by the means requested by Fibairo; and/or
4.8.2. carry out a credit check of the Customer. The Customer agrees to provide Fibairo with any information Fibairo may reasonably require for this.
4.9 Payment is due on the date specified on the bill, unless otherwise stated in the Service schedule.
4.10 The Customer must pay all charges by direct debit or debit or credit card, unless otherwise advised by Fibairo. The Customer is responsible for advising Fibairo promptly of any changes to its bank details that may affect payment of the charges.
4.11 If the customer does not pay by Direct Debit they will pay the fee detailed in the Charges schedule for payment collection and processing services.
4.12 Where Fibairo has agreed that the service can be included within a standard Fibairo pricing package or scheme, The Customer agrees that while the service is included within the pricing package or scheme the charges specified in the Service schedule may be amended by the terms of the pricing package or scheme. Upon termination of the pricing package or scheme, the charges will revert to those specified in the Service schedule.
Disputed bills
4.13 If the Customer disputes any charge on a bill The Customer will notify Fibairo online using the Help Desk ticket system in writing within 30 days of the date of the bill with all relevant information. Where the disputed amount is:
4.13.1. less than 5% of the total bill, the Customer will pay the full amount of the bill; or
4.13.2. more than 5% of the total bill, the Customer must pay the amount not in dispute.
Any disputes will be resolved promptly and the resolved amount if any is payable immediately.
Late payment
4.14 If Fibairo does not receive payment by the due date, Fibairo may charge the Customer daily interest on late payments at a per annum rate equal to 7% above the base lending rate of the Bank of England, compounded daily, for the period beginning on the date on which payment is due and ending on the date on which payment is made.
4.15 We will generally not suspend or end the service or the agreement until 14 days after your payment was due, unless the service or charges schedule say otherwise. However, sometimes we may take this action earlier. For example, when you reach your credit limit where applicable.
4.17 If any sum owed by the Customer to Fibairo under the contract or any contract with Fibairo is not paid by the due date, Fibairo may deduct this sum from any payment or credit due to the Customer under the contract or any other contract with Fibairo.
Fraud prevention
4.18 Fibairo may check the Customer’s details with a fraud prevention agency. If the Customer provides information that Fibairo reasonably believes to be false or incorrect and Fibairo suspects fraud, Fibairo may record this information with a fraud prevention agency. Fibairo and other organisations may use and search this information.
Changing the contract
5.1 Fibairo can change the contract (including the charges) at any time and will publish any change in line with clause 5.2.
5.2 Unless otherwise stated in the Service schedule, Fibairo will publish any changes to the contract (including the charges) online at www.fibairo.com (or any other online address that Fibairo may advise The Customer) as follows.
5.2.1. for changes that are to the Customer’s significant detriment, at least one month before the change is to take effect. Such changes will also be notified directly to the customer by email at least one month before the change is due to take effect; and
5.2.2. for all other changes, at least one day before the change is due to take effect.
Ending the contract
6.1 The Customer may cancel the contract or the service at any time before Fibairo provides the service. The Customer will pay Fibairo the cancellation charge specified in the Service schedule.
6.2 Unless otherwise stated in the Service schedule, Fibairo can stop providing the service to the Customer by giving the Customer 30 days’ written notice. The Customer may tell Fibairo to stop providing the service at any time by either:
6.2.2. giving 30 days’ notice where the Customer is switching its provider. Fibairo will accept that provider’s order notification as the Customer’s notice.
6.3 The Customer may end the contract if:
6.3.1. Fibairo materially breaches the contract and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by the Customer to do so; or
6.3.2. Fibairo ceases to do business; or has bankruptcy or insolvency proceedings brought against it; or makes an arrangement with its creditors (other than where solely for solvent amalgamation or solvent reconstruction); or a receiver, administrative receiver or administrator is appointed over any of its assets; or it goes into liquidation; or a notice is given, a petition is issued, a resolution is passed or any other step is taken to commence any of the foregoing procedures; or there is a corresponding event under Scottish law.
6.3.3. The connection is unable to meet the minimum guaranteed speed quoted during the signup process and Fibairo have been unable to improve the speed of the service within 28 days.
6.4 Fibairo may suspend the service or end the contract, or both, at any time without notice if: 6.4.1. the Customer breaches the contract or any other contract that The Customer has with Fibairo and, if the breach is capable of remedy, fails to put right the breach within a reasonable time of being asked by Fibairo to do so. In this clause breach includes non-payment of any valid invoice by the due date; or
6.4.2. Fibairo reasonably believes that the service is being used in a way forbidden by clauses 3.1 to 3.4, 3.7, 3.8, 3.11.2 and 3.14. This applies even if the Customer is unaware that the service is being used in such a way; or
6.4.3. the Customer ceases to do business; or has bankruptcy or insolvency proceedings brought against it; or makes an arrangement with its creditors (other than where solely for solvent amalgamation or solvent reconstruction); or a receiver, administrative receiver or administrator is appointed over any of its assets; or it goes into liquidation; or a notice is given, a petition is issued, a resolution is passed or any other step is taken to commence any of the foregoing procedures; or there is a corresponding event under Scottish law.
6.5 The Customer will continue to pay the charges during any period of suspension.
Consequences of ending the contract
6.6 If the Customer or Fibairo ends the contract or the service during the minimum period The Customer will pay Fibairo the termination charges set out in the Service schedule by way of compensation. This clause will not apply if:
6.6.2. the Customer gives notice to end the contract in accordance with clause 6.2.1 within 30 days of Fibairo notifying The Customer of an increase to the charges or changes to the conditions in either case to The Customer’s significant detriment; or
6.6.3. Fibairo ends the contract or the service during the minimum period for convenience; or 6.6.4. the contract ends because either clause 8.6 or 9.2.2 applies.
6.7 If the contract ends Fibairo will refund any money owed to the Customer after first deducting any money due to Fibairo under this contract or any other contract that Fibairo has with the Customer.
6.8 If the contract ends and unless the Service schedule states otherwise Fibairo may delete all content including emails stored on the service. Fibairo recommends that The Customer saves copies of information The Customer wishes to keep on other devices not connected with the service.
Limitation of liability
7.1 Neither the Customer or Fibairo excludes or restricts in any way its liability under or in connection with the contract for death or personal injury caused by its negligence or to any extent not permitted by law.
7.2 Subject to clauses 7.1 and 7.3, The Customer and Fibairo’s liability to the other under or in connection with the contract for all and any direct loss or damage arising from any one incident or series of connected incidents in any period of 12 months is limited to the amounts specified in the Service schedule.
7.3 Neither the Customer or Fibairo will be liable to the other (whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for:
7.3.1. any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with the contract or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or
7.3.2. any indirect or consequential loss or damage whatsoever.
7.5 The limitations of liability referred to in clauses 7.2 and 7.3 above will not apply in respect of claims brought under clauses 3.15 and 8.5.
7.6 Each part of this clause 7 operates separately. If any part of the clause is held by a Court to be unreasonable or inapplicable the rest of the clause will continue to apply.
7.7 The Customer is advised to obtain its own business continuity insurance.
Intellectual property and confidentiality
Intellectual property
8.1 All intellectual property rights whether pre-existing or created by the Customer or Fibairo during or arising from the performance of the contract will remain the absolute property of that party or its licensors.
8.2 If software is provided to enable the Customer to receive and use the service, Fibairo will grant the Customer a, non-transferable and non-exclusive licence to use the software in object code form solely as necessary for receipt of the service and solely in accordance with the contract and the applicable documentation. The term of any licence granted by Fibairo under this clause is co- terminous with the term of the service with which the software is associated.
8.3 If the service provides the Customer with software licensed by third parties who require the Customer to accept their terms of use, the Customer must keep to those terms.
8.4 Except as permitted by applicable law or as expressly permitted under the contract the Customer agrees not to copy, de-compile or modify any software, or knowingly permit anyone else to do so.
8.5 Fibairo will indemnify the Customer against all claims and proceedings arising from infringement of any third party’s intellectual property rights by Fibairo’s provision of the service to the Customer. This indemnity will not apply to claims or proceedings arising from:
8.5.1. use of the service or any software in conjunction or combination with other equipment or software or any other service not supplied by Fibairo; or
8.5.2. any unauthorised modification of the service or any software; or
8.5.3. content, designs, specifications or software supplied by or on behalf of the Customer; or
In relation to any claim or allegation of infringement the Customer will promptly notify Fibairo in writing and must not make any admission without Fibairo prior written consent. The Customer will allow Fibairo sole conduct of all negotiations and proceedings and give Fibairo all reasonable assistance in doing so. Fibairo will pay the Customer’s reasonable expenses for such assistance.
8.6 If the service becomes, or Fibairo believes it is likely to become, the subject of a claim of infringement of any intellectual property rights Fibairo, at its option and expense, may:
8.6.1. secure for the Customer a right of continued use; or
8.6.2. modify or replace the service so that it is no longer infringing, provided that modification or replacement must not materially affect the performance of the service.
If the indemnity in clause 8.5 applies and none of the remedies in this clause is available to Fibairo on reasonable terms, Fibairo may notify the Customer and terminate the service without liability to the Customer.
8.7 The indemnity in clause 8.5 sets out the Customer’s sole and exclusive remedy for infringement of intellectual property rights.
Confidentiality
8.8 Subject to clause 8.9, Fibairo and the Customer will keep in confidence all confidential information, obtained under or in connection with the contract and will not disclose it to any party other than in confidence to:
8.8.1. their employees or employees of their group companies; 8.8.2. their professional advisers; or
8.8.3. in the case of Fibairo, employees of their subcontractors who have a need to know such confidential information and to the extent necessary for performance of the contract or use of the service.
8.9 Clause 8.8 will not apply to information which is:
8.9.1. in the public domain other than through a breach of the contract;
8.9.2. in the possession of the Customer or Fibairo without confidentiality restriction before disclosure under the contract;
8.9.3. obtained from a third party who has a lawful right to disclose it; or
8.9.4. developed by the receiving party independently of and without access to confidential information obtained under the contract.
8.10.1. satisfied itself that the demand is lawful;
8.10.2. given the other party the maximum written notice permissible under the demand in which to make representations; and
8.10.3. marked the required information as the confidential information of the other party.
8.11 The Customer and Fibairo acknowledge that breach of clauses 8.8 to 8.10 may cause irreparable harm for which damages may not be an adequate remedy and that injunctive relief may be available for such breach.
8.12 Information Fibairo holds about the Customer may be used for fraud prevention and credit vetting purposes and this may include Fibairo sharing such information with third party companies including other communication companies.
8.13 Where the Freedom of Information Act 2000 applies to the Customer and the Customer receives a request under the Act that includes any information held by the Customer that was provided by Fibairo in connection with the contract the Customer will:
8.13.1. notify Fibairo immediately of the request; and
8.13.2. give Fibairo at least five working days to make representations.
General terms
Matters beyond reasonable control
9.1 If The Customer or Fibairo is prevented, hindered or delayed from performing any obligation under the contract because of something beyond its reasonable control including: act of God, natural disaster, lightning, flood, subsidence, earthquake, weather conditions, epidemic, pandemic, fire, explosion, war, civil disorder, acts of terrorism, something beyond the reasonable control of its suppliers, industrial disputes, acts or omissions of local or central government or other competent authorities, or acts or omissions of parties for whom the Customer or Fibairo is not responsible, change of law or any other cause whether similar or dissimilar that is outside its reasonable control, then it will have no liability to the other for any resulting failure, delay, defect or omission in performing its obligations under the contract.
9.2. Fibairo will not be liable for failure to or delay in supplying the service if:
9.2.1 another supplier delays or refuses the supply of an electronic communications service to Fibairo and no alternative service is available at reasonable cost; or
9.3. If any of the events detailed in clauses 9.1.1 or 9.1.2 materially affects the performance of the contract and continues for more than three months, then the Customer or Fibairo may terminate the contract in whole or part by written notice to the other.
Escalation and dispute resolution
9.4 Fibairo will try to work through any dispute that the Customer may have with Fibairo. If this does not resolve the dispute then the Customer may refer the matter to the relevant dispute resolution service where appropriate, in accordance with the details set out in Fibairo Code of Practice.
Transfer of rights and obligations
9.5 The Customer and Fibairo may not transfer any of their rights or obligations under the contract without the written consent of the other, except that:
9.5.1. The Customer may transfer its rights or obligations or both to a group company with the written consent of Fibairo, such consent not to be unreasonably withheld or delayed; and
9.5.2. Fibairo may transfer its rights or obligations or both to a group company without consent provided that it notifies the Customer that it has done so.
Severability
9.6 If any term of the contract is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if the contract had been made without the invalid, illegal or unenforceable terms.
Survival
9.7 Clauses 4.13, 4.14, 7, and 8.8 to 8.13 will survive the termination or expiry of this contract for two years.
Entire agreement
9.8 The contract contains the entire agreement between the Customer and Fibairo and supersedes all previous understandings, commitments, representations, agreements, draft agreements, arrangements, undertakings, or prior collateral contracts of any nature made by the Customer and Fibairo, whether written or oral relating to its subject matter.
9.9 The Customer and Fibairo each agree that in entering into the contract they have not relied upon and have no rights or remedies (whether in tort, under statute or otherwise) in respect of any statements, collateral or other warranties, assurances, undertakings or representations (whether innocently or negligently made) of any party (whether party to the contract or not) in relation to the subject matter of the contract, except for those contained in the contract.
9.10. Nothing in this clause 9.19 excludes or restricts the liability of either the Customer or Fibairo to the other arising out of pre-contract fraudulent misrepresentation or fraudulent concealment.
9.11 A failure or delay by the Customer or Fibairo to exercise any right or act upon a breach under the contract will not be a waiver of that right or breach. If the Customer or Fibairo waives a right or breach of the contract, that waiver is limited to the particular right or breach.
Rights of third parties
9.12 The contract does not create any right enforceable by any party who is not the Customer or Fibairo (a ‘Third Party’) under the contract (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a Third Party which exists or is available apart from that Act.
Notices
9.13 Notices given under the contract must be in writing and delivered by hand, email or first class post to the following addresses unless otherwise stated in the contract.
9.13.1. to Fibairo at the address shown on the bill or any address which Fibairo provides to the Customer for this purpose; or
9.13.2. to the Customer at any one or more of the following: the address to which the Customer asks Fibairo to send bills or the address of the site or the Customer’s primary email address or if the Customer is a limited company, its registered office.
9.14 This clause does not apply to notices given under clauses 1.1 and 5.1.
9.15 A notice will be duly served.
9.15.1 if delivered by hand, at the time of delivery;
9.15.2. if sent by first-class post, three (3) working days after the date of posting; or 9.15.3. if sent by e-mail, at the time of successful transmission.
9.16 The Customer must inform Fibairo immediately if there is any change to any of the contact information the Customer provided to Fibairo.
Law and jurisdiction
9.17 The contract is governed by the law of England and Wales and is subject to the non-exclusive jurisdiction of the English courts.
Data protection
9.18 The Customer and Fibairo will comply with their respective obligations under the Data Protection Act 1998 and any data protection, privacy or similar laws that apply to any personal data processed in connection with the contract. The Customer and Fibairo will provide such help and co-operation as is reasonably necessary or requested by the other to enable compliance with this clause.
9.19 Fibairo may take instructions from a party whom it thinks, with good reason, is acting with The Customer’s permission.
Definitions
10.1 In the contract the following terms (whether capitalised or not) have the meanings shown next to them.
Fibairo
Fibairo, also known as Fibairo Holdings Ltd, is an Internet Service Provider based at Unit 1 Whitecairn, Castle Douglas DG7 3EY and having its registered office at 804 Merlin Business Park Ringtail Road, Burscough Industrial Estate, Ormskirk, England, L40 8JY.
Fibairo equipment
Any equipment, including any software, owned or controlled by Fibairo and placed on the site to provide the service.
Content
Applications, data, information, video, graphics, sound, music, photographs, software or any other material.
Contract
This agreement between Fibairo and The Customer comprising the following documents and,
unless
otherwise stated in the service schedule, in the following order of precedence:
– the order/registration form;
– the Service Schedule;
– the Fibairo General Terms;
– the Charges Schedule;
– the customer requirements form (if any); and
– any other documents expressly incorporated by any of these documents or by agreement
between the Customer and Fibairo.
The Service schedule & Charges schedule
These documents operate independently to each other. Any change to any service specific service or charges schedule will not affect other schedules or the business general terms.
The person with whom Fibairo contracts to provide the service (or, where applicable, a Fibairo pricing package).
Customer equipment
Any equipment, including any software, for use with the service that is not part of Fibairo’s network, and which is owned or controlled by The Customer.
Customer requirements form
The Fibairo form that sets out the requirements for the service agreed between The Customer and Fibairo.
Group company
A subsidiary or holding company including a holding company, or a subsidiary of any such holding company, all as defined by Section 736 of the Companies Act 1985 and as amended by the Companies Act 1989.
Intellectual property rights
Any patent, petty patent, registered design, copyright, design right, database right, rights in designs, invention, semiconductor topography right, know-how, or any similar right exercisable in any part of the world and including any applications for the registration of any patents or designs.
Minimum period
The intended minimum period over which the service will be provided as stated in the service schedule, or the order/registration form, and measured from the service start date.
Service
The service or part of the service specified in the service schedule.
Service level
The standard of service set out in the service schedule.
Service schedule
The schedule to these General Business Terms that describes the service to be provided by Fibairo or where applicable the terms of a Fibairo pricing package.
Service start date
The date on which the service is first made available to the Customer unless otherwise stated in the service schedule. This may sometimes also be referred to as the Operational service Date.
The place(s) at which Fibairo provides service.
Software
Any software and associated written and electronic documentation and data provided by Fibairo under the contract.
User
Anyone who is permitted by the Customer to use or access the service.
User security details
Any IDs, user names, personal identification numbers and passwords.
Working day
Any day between Monday and Friday, excluding bank and public holidays.
Working hours
Working hours are defined as 09.00 to 1730 Monday to Friday, excluding bank and public holidays.
We pride ourselves on our customer service and customer experience, however we recognise that sometimes things can go wrong. When they do, we want to put them right for you as quickly as we can. In this Complaints Code of Practice, we’ll tell you how to get in touch with us if you want to make a complaint and how we’ll deal with your complaint.
How to make a complaint
If you’re a Fibairo residential or business broadband customer, here’s how to contact us.
By Phone
The fastest way to let us know if you’re not happy with your service is by contacting us by phone (01387 444 004, 9am – 5pm every day).
By using our Support Portal
If you prefer to contact us in writing, you can use the Fibairo Support Portal (you’ll need your account username and password). A member of our team will investigate and respond to your complaint within 5 working days.
By Letter
If you prefer, you can make a complaint by writing to the address below.
To help us deal with your complaint as quickly as possible, we recommend including some information to help us find your account. Things like your username, postcode and telephone number of the service you’re complaining about are really helpful.
Once we receive your letter, we will respond within 10 working days. If you need a quicker response, please use one of the other methods mentioned above.
Our address is: Fibairo Holdings Ltd Unit 1, Whitecairn Castle Douglas Dumfries & Galloway DG7 3EY
What we’ll do and when
Our aim is to resolve any problem as quickly as possible, preferably during a phone call with you. However, if we can’t resolve your complaint there and then, we’ll investigate further and get back to you with an update as soon as we can.
If you prefer to contact us in writing, we’ll respond within 5 working days to any complaints you make through the Support Portal, or within 10 working days to any letter of complaint. We’ll always try to resolve your complaint immediately, but whatever happens, we’ll keep you regularly updated.
So that our services are used in a lawful, safe and appropriate way, we have to set out some rules about how they can be used. This acceptable use policy sets out these rules.
1. When this policy applies
1.1. As a Fibairo customer you will have signed up to receive one or more of our products. These products are collectively referred to as our ‘Services’. Any interaction with Fibairo or use of our Services will be subject to this policy.
1.2. This policy applies to both Fibairo residential and business services, and also to Fibairo Partner and affiliate brands.
1.3. If you allow other individuals to use our Services, you will be responsible for any breach of this policy or our terms and conditions committed by those individuals. If you allow individuals under the age of 18 to use our Services, we recommend that you take the reasonable precautions to ensure that they use the Services appropriately.
2. Illegal and inappropriate activities
2.1. While using any of our Services you must comply with all relevant and applicable laws.
2.2. You must not use any part of our Services to:
2.2.1. download, possess or transmit in any way, illegal material (for example indecent images of children);
2.2.2. send, publish, distribute, circulate or otherwise propagate any material that is threatening, invasive of privacy, discriminatory, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious;
2.2.3. gain or attempt to gain unauthorised access to any computer systems for any unauthorised or prohibited purpose;
2.2.4. prevent other users of our Service from accessing the Service;
2.2.5. cause critical disruption to our Services (for example using the Services to launch or receive a deliberate denial of service (DDOS) attack);
2.2.6. execute, for malicious purposes, any form of network monitoring or data interception that may affect third parties;
2.2.7. intentionally impair or attempt to impair the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data (for example deleting files or changing the desktop settings);
2.2.8. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.2.9. infringe the legal rights of others, including, but not limited to, privacy rights and intellectual property rights; or to commit fraud, or for any other unlawful or fraudulent purpose or effect.
2.3. Any use of any part of our Services as described in paragraph 2.2 will be seen as a breach of this policy and we may take any of the actions as set out in paragraph 4.
2.4. You must only use safe and appropriate equipment or software when using our Service and if we discover, or are informed, that any equipment or software which you use to access to our Services has been compromised and is likely to cause harm or damage to our services, network or other customers, we reserve the right to request that you cease use of such equipment or software immediately.
3. Interacting with us
3.1. We understand that people can become annoyed or frustrated when they feel strongly about matters that are not being dealt with as they wish. If this escalates into behaviour towards our staff via phone, letter, online chat or otherwise that may cause them to feel afraid, threatened or abused, or the making of vexatious complaints or unreasonable demands are made of our staff, we reserve the right to terminate a call or an online chat. Repeated behaviour of this type will be seen as a breach of this policy and we may take any of the actions set out in paragraph 4.
4. Breach of this policy
4.1. If you, or an individual who you have knowingly or unknowingly allowed to access our Services,
breaches this policy, we may at our discretion:
4.1.1. temporarily suspend your access to any of our Services;
4.1.2. terminate your account or our agreement to provide our Service;
4.1.3. commence legal proceedings against you;
4.1.4. disclose such information to law enforcement authorities as we reasonably feel is necessary; and /or
4.1.5. take any other reasonable action.
4.2. We’ll normally warn you that you’re in breach of this policy and request you comply with its terms before taking any action under section 4.1. However, we may not do this if there is a real risk of loss or harm to us, our staff, our network or our other customers.
4.3. Reports of breaches of this policy can be sent to support@fibairo.com.
4.4. We reserve the right to investigate any suspected violation(s) of our policy.
4.5. We are not responsible for any consequences of your failure to employ appropriate security measures to prevent unauthorised access by any third party to the Services.
5. Our obligations
5.1. We are obliged, under the certain applicable laws, to disclose certain information to law enforcement and other public authorities. Similarly, we must comply with court orders to disclose information.
5.2. We are not responsible for the content of any of our customers’ webspaces or chat rooms, instant messages, emails, newsgroups, community posts or any other communications sent or communicated via our Services. We cannot and do not guarantee that all of these are free of illegal material or other content that may be considered as unacceptable by others.
6. Notifications
6.1. We regularly send out notifications by email and/or post. You are expected and required to review all these messages. This will enable us to advise you of any significant issues that may affect your use of the Services.
7. Broadband
7.1. This section 7 of this policy will apply if you take one of our broadband products. 7.2. You are responsible for ensuring that your broadband connection is secure.
7.3. If you subscribe to a broadband product that has a data usage cap, you are responsible for monitoring the usage of your product and liable for any usage costs that are incurred should you exceed your usage cap (see our Price guide for usage charges).
7.4. You will be solely responsible for your use of the Internet and any web pages that you host through your broadband service (see section 10 below for more information on hosting).
7.5. We recommend you use and continue to update anti-virus and malware scanners to ensure that your computer is kept secure.
8. Changes to this policy
8.1. We may change this policy from time to time and we’ll update this web page when we do so.
8.2. It is your responsibility to regularly check our website for changes and updates to the policy.
8.3. Your continued use of any of our Services after any change to our policy shall constitute acceptance of the changes.
8.4. Our policy was last updated on 10 April 2021
This Service Schedule forms part of our general terms and conditions and applies to all customer contracts from April 1 2021. If there are any discrepancies between this document and our Fibairo Terms and Conditions document, the Terms and Conditions document should be deemed authoritative.
Fibairo refers to Fibairo Holdings Limited
Service description
Service overview
1.1 The service provides high speed, broadband network access in the United Kingdom to the Internet, together with a range of Internet services, helpdesk services and applications, for purposes as set out at the Customer Portal and will be provided to the Customer at the site.
1.2 The service may be ordered either by telephone or online at https://Fibairotechnology.net/contact/ or via Fibairo approved third party channels.
1.3 Where equipment is provided under the contract, clause 2.1 of the General Terms will not apply to that equipment.
1.4 For any equipment supplied under the contract:
1.4.1 risk passes and acceptance takes place at the time of delivery;
1.4.2 title in equipment passes to the Customer on payment of the charges as detailed in the Charges schedule at which point the equipment becomes Customer equipment, however title in any equipment supplied without charge remains with Fibairo as Fibairo equipment;
1.4.3 until title passes the Customer undertakes not to sell, charge, assign, transfer or dispose of or part with possession of or encumber the equipment in any way;
1.4.4 Fibairo does not guarantee the continuing availability of any equipment and Fibairo reserves the right to add to, substitute or to discontinue any equipment; and
1.4.5 it is the Customer’s responsibility to satisfy itself as to the suitability of the equipment for its needs.
1.5 If the Customer does not wish to use Fibairo provided equipment with the service, the Customer can connect their own equipment once Fibairo has proved the service to be working. The Customer is responsible for ensuring that its equipment is compatible with the service.
1.6 Before Fibairo can be certain that it can provide the Customer with the service, it needs to successfully complete an availability check and/or survey. If the availability check and/or survey reveal that Fibairo cannot provide the service to the Customer, Fibairo will notify the Customer as soon as possible and the contract for the service will be cancelled immediately without liability to either party.
1.7 The service start date is the date Fibairo advises the Customer the service has been activated.
Minimum period
1.8 The service will have a minimum period of: 1.8.1 twenty four months; or
1.8.2 twelve months from the service start date depending upon the minimum period that the Customer agrees to when it applies for the service.
1.8.3 Minimum period for Business services is 36 months
Service levels
Faults in the service
2.1.1 Fibairo will provide the Customer with the service care level applicable to the service option selected.
2.1.2 Fibairo will provide the customer with a minimum guaranteed speed during the signup journey. Fibairo will use all reasonable care to improve the connection speed should it fall below this level. If it has not been possible to do this within 28 days, the customer has the right to cancel without penalty as detailed in clause 6.3.3 of the Terms and Conditions.
Standard Care service level
2.2 For the Standard Care (SC) service level Fibairo aim to respond to faults within 8 hours. However there is no Service Level Guarantee (SLG) on SC fault resolution.
Enhanced Care service level
2.3 For the Enhanced Care (EC) service level Fibairo commits to a 1 “working hour” response for all technical support enquiries relating to Fibairo Broadband. Responses will be made via the Help Desk tickets or telephone.
2.5 Fibairo Enhanced Care Business Broadband includes a SLG. A qualifying fault under the SLG is defined as a customer having no end to end IP connectivity between the Internet and the customer premises equipment (CPE) at the customer’s site.
2.6 The SLG clock starts when the customer raises a fault either via Telephone or the Help Desk ticket system.
2.7 The SLG clock can be suspended due to the following reasons and suspended time will be excluded from the total fault time:
2.7.1 Fault passed back for retest: Fibairo believes the fault to be resolved and require confirmation from the end user via a retest.
2.7.2 Further diagnostics required: Fibairo requires further end user diagnostics in order to progress the fault.
2.7.3 Awaiting customer visit appointment: The fault clock will be suspended whilst the appointment is arranged between the customer and Fibairo and until the completion of the engineer visit.
2.7.4 No access to Customer premises at appointment slot: The fault clock will be suspended until a new appointment is made.
2.8 The response and resolution time is measured from the moment a Help Assistant ticket reference is created, either by the Customer via the portal or by an analyst over the telephone.
2.9 The fault will be closed and the fault clock stopped once the customer informs Fibairo that the fault has been cleared or after 5 working days, whichever is the earlier.
2.10 The Fibairo Enhanced Care service provides guaranteed response and resolution service levels to Faults on the Business Broadband service provided by Fibairo.
General
2.11 The service levels apply exclusively to Fibairo Broadband products
2.12 The service levels do not apply to other associated services including (but not limited to) email, webspace or any other additional service provided with Fibairo Broadband.
2.13 The service levels do not apply to any equipment connected to the circuit or Fibairo network irrespective of whether or not it has been supplied by Fibairo.
2.15 The Customer will provide a nominated contact to which all fault updates will be communicated.
2.16 The Customer agrees to supply Fibairo with all necessary data to prove the existence of a fault and provide reasonable assistance to the Fibairo analyst in determining the cause and condition of the fault throughout the duration of the fault.
2.17 The Customer must be available to provide access to the affected site premises 24/7 in cases where an engineer visit is required to fix the fault.
2.18 The Fibairo Enhanced Care service level applies once the provision order has been completed and is activated on the account. Only faults raised after this will be dealt with under the Enhanced Care service level.
2.19 A 30-day notification period for cancellation of EC service is required.
2.20 Where Fibairo fails to meet the service levels as set in paragraphs 2.2 to of this Broadband service schedule Fibairo agrees to compensate the Customer with a maximum of one month’s fee as a service credit. The service credit will be applied in the form of a credit against the advanced subscription fee for the Fibairo Broadband service affected.
2.21 Compensation is limited to the service credit. The Customer acknowledges that payment of service credit(s) is in full and final settlement for failure by Fibairo to achieve the service levels set out as set in this paragraph 2.2 to 2.10 of this Broadband service schedule and is the Customer’s sole remedy for such failure.
2.22 Any claims must be registered via the Help Desk within 5 working days of Fibaironotification that the fault has been resolved.
2.23 Service credits are limited to a maximum of one month’s subscription fee in any calendar month regardless of the number of faults registered by the Customer in any calendar month.
2.24 The Customer can only make one claim against each fault.
2.25 Fibairo is under no obligation to guarantee service credits will be issued against every claim. Each claim will be assessed on a case by case basis.
2.26 Fibairo will use only Fibairoperformance and availability information in order to determine whether a fault, as defined in paragraph 2.5 of the Broadband service schedule above and subject to any exclusions set out in paragraph 2.27 of this Broadband service schedule below, has occurred. Fibairodecision on this shall be final.
2.27 Claims will not be issued when a fault is caused by the following:
2.27.2 where the cause of a fault has been identified as being a malicious act or otherwise through the actions of either the Customer or another Fibairo user that is found to be in breach of the Acceptable Usage Policy (AUP), service schedule or General Terms;
2.27.3 if a fault was caused by the misuse or interference with the Fibairo supplied service which is beyond the control of Fibairo; or
2.27.4 if a fault was caused by data transmission originating from customer equipment. 2.28 The service levels apply to the Fibairo Broadband only.
Faults in the equipment
2.29 If, during the guarantee period, Fibairo is notified of a fault in the equipment which is due to faulty design, manufacture or materials, or the negligence of Fibairo, Fibairo will where necessary by arrangement with the Customer, replace or (at its option) repair the faulty part free of charge provided that:
2.29.1 the equipment has been properly kept, used and maintained in accordance with the manufacturer’s or Fibairoinstructions, if any, and has not been modified except with Fibairowritten consent;
2.29.2 the fault is not due to accidental or wilful damage; interference with or maintenance of the equipment by persons other than Fibairo;
2.29.3 the fault is not due to faulty design by the Customer where the equipment has been manufactured to the Customer’s design; or
2.29.4 the equipment has not been tampered with so as to invalidate the guarantee. 2.30 This guarantee does not cover fair wear and tear.
2.40 Where the equipment is installed by the Customer, the Customer will normally be required to return faulty equipment to Fibairo (where necessary, by arrangement with the Customer), unless Fibairo agrees otherwise in writing.
2.50 If the Customer reports a fault and Fibairo finds there is none or the fault falls outside paragraphs 2.29 and 2.30 of this Business Broadband service schedule, Fibairo may apply a charge as set out in the Charges schedule.
2.60 Fibairo does not warrant that software supplied under the contract will be free of faults or that its use will be uninterrupted, but Fibairo will remedy those defects which significantly impair performance (where necessary by arrangement with the Customer) within a reasonable time.
Responsibilities of the Customer and Fibairo
General
3.1 The Customer will need to provide a suitable location at the site for any Fibairo equipment and Customer equipment.
3.2 The Customer must access the service through the equipment or in an alternative way permitted by Fibairo, and the Customer must not attempt to circumvent any security measures in the service.
Charges
General
4.1 The Customer must pay the charges for the service and for any equipment that it purchases from Fibairo. These charges are set out in the relevant Charges schedule.
4.2 Fibairo will not send paper bills to the Customer (unless required to by applicable law or regulatory guidance). All bills are available online at the Customer Portal.
4.3 Payment is due on the Customer’s bill date.
4.4 If the Customer changes service to another Fibairo Broadband service, there will be no charge however the Customer may be required to start a new contract (with a new minimum term).
4.5 Unless otherwise agreed by the Customer, payment will be made by monthly Direct Debit or debit and credit card.
Excess construction charges
4.6 If Fibairo determines that additional infrastructure is required to enable the Customer to receive the service, Fibairo will inform the Customer by notice in writing of the excess construction charges to apply.
4.7 The Customer will have a period of 30 days from the date of the notice within which to accept the charges. Failure to accept the charges within this timescale will result in the Customer’s order for the service being cancelled without liability to either party.
Abortive visit charge
4.9 Fibairo reserves the right to raise an abortive visit charge as set out in the Charges schedule in the following circumstances:
4.9.1 an engineer attends an incorrect address provided by the Customer;
4.9.2 an engineer arrives to carry out the installation at the address provided by the Customer, but the Customer no longer wants the installation completed or, having previously chosen to be present at the time of installation, the customer does not attend;
4.9.3 when entry is refused at the site, or no access can be gained at the appointed time agreed between Fibairo and the Customer;
4.9.4 if Fibairo is delayed in its installation activities because the Customer fails to make equipment that Fibairo has despatched to the Customer for installation purposes available at the site;
4.9.5 if the engineer attends on site and finds that the location and/or environment provided by the Customer for the Fibairo equipment and/or Customer equipment is not suitable; or
4.9.6 if the Customer provides Fibairo with less than 24 hours’ notice of an amendment to, or cancellation of, its order.
4.9.7 The abortive visit charge will be published in the Charges Schedule
Usage charges
4.10 If the service option selected by the Customer includes a monthly usage allowance then the allowance will expire at the end of each calendar month and cannot be transferred to a subsequent month if unused. Fibairo will notify the Customer once it has reached 80% and 100% of its allowance. If the Customer subsequently exceeds its allowance, Fibairo reserves the right to charge the Customer for its extra usage in accordance with the charges set out in the Charges schedule, or end the contract in accordance with clause 6 of the Business General Terms, or upgrade the Customer to another service option that is better suited to the Customer’s usage.
Cancellation charges
4.11 The cancellation charges referred to in clause 6.1 of the Business General Terms are set out in the Charges schedule.
Early termination charges
4.12 The termination charges referred to in clause 6.6 of the General Terms are set out in the Charges schedule.
4.13 If the Customer ends the contract for the service and the service is ceased or the Customer switches their service to another provider on a different network, the Customer must pay a cease charge which is set out in the Charges schedule. A cease charge will not be payable where the Customer moves to a new site and Fibairo is unable to provide the service at the new site.
Additional conditions
Temporary loss of service
5.1 During certain weather conditions or planned maintenance the Customer may experience a temporary loss in its broadband service. Whilst such occurrences should be rare Fibairo will communicate effectively and regularly with the Customer and work with due diligence to keep service disruption to a minimum.
Fibairo Broadband
5.2 Further to clause 2.4 of the General Terms, the Customer will obtain at its cost any permission needed for Fibairo to put any Fibairo equipment on the site. Permissions may include that of landlords and/or any necessary planning consent. In addition to the indemnity set out in paragraph 5.15 of this Broadband service schedule, the Customer will be liable to Fibairo if Fibairo incurs any other costs as a result of the Customer’s failure to obtain necessary permissions.
5.3 Depending on the broadband option selected;
5.3.1 Fibairo Equipment required to provide the service is connected to the Customer’s on premise electricity supply; or
5.3.2 Fibairo Equipment required to provide the service is installed both to the outside of the Customer’s site and within the site (main termination point).
5.4 Fibairo can provide and install a data extension kit up to 20 metres in length at no additional charge, should the Customer require Fibairo equipment to be located at a distance from the main termination point. The route the data extension kit will run will be agreed between the engineer and the Customer at the time of installation.
5.5 If the Customer chooses to connect their own equipment to the Fibairo broadband service, instead of the router offered by Fibairo as part of its Fibairo Broadband product, Fibairo my not be able to offer any support to set up your broadband and you will need to contact your router provider for support. As some routers can be locked to a specific provider and there can be other issues with the compatibility of other routers we strongly recommend that you use one of our routers where we can provide full support.
5.6 Fibairo may require the Customer to return to it:
5.6.1 any equipment provided with the service if the contract is cancelled or ended under clauses 6 or 9.3 of the Business General Terms; or
5.6.2 any faulty equipment if the Customer has been provided with equipment by Fibairo to replace faulty equipment,
such equipment must be returned to Fibairo in the prepaid postage package Fibairo sends to the Customer. If the Customer does not return the equipment to Fibairo within 14 days of receiving the prepaid postage package, the Customer may be charged for the equipment (at the charges set out in the Charges schedule), postal charges for both initial despatch and the prepaid return package and a reasonable administration charge.
5.7 Any infrastructure or Fibairo equipment installed under this contract remain the property of Fibairo and will be removed from the site following the ending of the contract for any reason.
Network management
5.8 In exceptional circumstances Fibairo may take action to manage network performance during periods where there is high demand which may include line speed reductions, application and protocol management.
Static IP addresses
5.9 If the Customer chooses to opt for static IP or a range of static IP addresses provided by Fibairo the allocation of static IP addresses is subject to full justification and use case analysis. Fibairo retain the right to decline the allocation of static IP addresses.
5.9.1 Fibairo is not responsible under the contract for providing any technical or other support to the Customer’s Local Area Network, including their internal wireless network;
5.9.2 the IP addresses that are allocated to the Customer are for use in connection only with the service and the Customer will not gain any ownership rights in those IP addresses. The Customer must not sell them or agree to transfer them to anyone else or try to do so; and
5.9.3 if the contract is terminated for any reason the IP addresses will revert to Fibairo.
Limits of liability
5.11 Subject to paragraph 5.12 of this Broadband service schedule, the limit of liability under clause 7.2 of the Business General Terms is:
5.11.1 £1,000,000 for loss of or damage to physical property; and
5.11.2 £50,000 for all other direct loss or damage arising from any one incident or series of connected incidents and £100,000 for all incidents in any period of 12 months.
5.12 Fibairo sole liability for failure to repair a service covered by SLG is limited to the amounts payable to the Customer as set out in paragraph 2.11 to 2.28 above.
Indemnity
5.13 The Customer will indemnify Fibairo against any claims that are brought or threatened against Fibairo by a third party because the Customer has failed to obtain necessary permissions as required by paragraph 5.2 of this Business Broadband service schedule.
Resale
5.14 The service and software is provided solely for the Customer’s own use and the Customer will not resell or attempt to resell either (or any part or facility of it) to anyone else.
Notices
5.15 In addition to the addresses stated in clause 9.13.1 of the Business General Terms, notices may be delivered to the Customer at the primary email address that Fibairo holds for the Customer on registration for the service.
5.16 Fibairo at its discretion may also notify the Customer of any changes that Fibairo makes to the contract or the service under clause 5 of the Business General Terms at the primary email address that Fibairo holds for the Customer on registration for the service.
Premises moves
5.23 Office or premises moves are subject to the availability of Fibairo Broadband services. Fibairo does not guarantee that service can or will be available in any given area.
5.24 Where service is available Customers will be liable to pay the charges as listed in the Charges schedule or as advised by Fibairo staff.
5.27 The Customer acknowledges that they may experience an interruption to their service during an office or premises move and will not hold Fibairo liable for any loss of service during this time.
Fibairo Holdings Ltd April 2021
This Charges schedule forms part of our general terms and conditions and applies to all customer contracts from 1 April 2021. If there are any discrepancies between this document and our Fibairo Terms and Conditions document the Terms and Conditions document should be deemed authoritative.
Subscription Costs
All Residential prices are shown inclusive of VAT. All Business prices are shown exclusive of VAT.
Fibairo Consumer broadband options have a minimum period of either 12 or24.
Business connections are subject to a minimum 36 month commitment.
The charges for the service will vary according to the Fibairo Broadband service option and minimum contract period chosen at signup.
Subscription Charges
As per sales proposal
Additional charges
Fibairo Customer Premise Equipment (CPE)
Equipment including an antenna, client radio and wireless router will be provided as part of the initial install of our service. All equipment installed by us will carry a 12-month warranty.
Where replacements are required outside of a fault condition or warranty claim the following charges will apply:
Fibairo Holdings Ltd 2021
Item
Wireless Router Antenna
Contract period
24 Month 12 Months
No contract 24 Months 12 Months No contract
Replacement Cost
£0.00
£50.00 £25.00 £35.00
Delivery Charge
£5.00 £15.00
Install fee
Self-install £70.00
1
Fibairo Holdings Ltd 2021
Client Radio 24 Months 12 Months
No contract
£200.00 £25.00 £100.00 £300.00
£350.00
Abortive visit charge
The abortive visit charges referred to in paragraph 4.9 of the Service schedule are as follows: Broadband fault – £144.00
New service installation – £100.00
Cancellation charges
If you wish to cancel the contract or the service at any time before Fibairo provides the service, Fibairo may charge an abortive visit charge (if applicable, see costs above). An additional charge of £50.00 will be made for any router provided by us if you do not wish to return it.
Early termination charges
The termination charges referred to in clause 6.6. of the General Business Conditions are due for any remaining part of the minimum period and are as follows for broadband customers:
Product
Residential broadband Business broadband
Contract period
24 months 12 months 24 months 12 months
Monthly Early Termination Charge
£10.00 £14.00 £25.00 £35.00
Example: You sign up for a 24 Month contract as a Home Broadband customer and decide to cancel your service in month 10. You will be charged 14 x £10 = £140 by way of an early termination charge (£10 per month for each of the 14 months left on your contract.
These charges are compensatory and not subject to VAT.
If your contract has expired, you can move for free by agreeing to start a new contract or pay the £50 premises move fee.
Broadband care level charges
Standard care is included with all Fibairo Broadband products. Enhanced Care is charged at £8.50 per month
Fibairo Holdings Ltd 2021
At Fibairo we are passionate about privacy and personal data. This Privacy Notice sets out the types of information we collect, and what we’ll do with it.
Our Website
When you visit our website, we will collect non-identifiable data, and provide this to Google Analytics. This data includes things like whether you’re on a phone or a laptop, the country you’re in, and the pages you visit on our site. We use this data to improve our website and services.
Data collected before signing up to our services
If you want to talk to us about our services, we’ll need to collect some basic information from you so that we can tell you whether our services are suitable, and give costs and timescales. This includes contact information and some information about the location where you may want to receive service. If you choose not to proceed we will keep this data for a period of twelve months before deletion.
Marketing Consent
When you contact us we’ll ask you to provide your consent to receive marketing from us. We promise this will be infrequent, relevant and specific to your requirements. If provided you can withdraw this consent at any time via Contact Us, a support ticket or by
emailing support@fibairo.com.
Our Services
When you sign up for Fibairo connectivity services we’ll need to collect information to be able to provide you with a service. This will include a mixture of personal (your name and full address for example) and non-personal information (such as location data or company information).
Data Storage
Our data is stored in our CMS (content management system) and our CRM (customer relationship management system). Data is stored within the EU and processed in line with all applicable regulations.
3rd parties
We occasionally have a need to share information with 3rd parties, but we only do this when necessary for us to be able to provide a service, such as:
storing information in our CRM system
setting you up an account on our support system
sharing non-identifiable information with Google Analytics
sharing information with our backhaul connectivity suppliers to provide service
sharing location information with regulators
We may also be required to share your information with government or law enforcement agencies as a result of a RIPA (Regulation of Investigatory Powers Act) request or court order. We’ll meet all of our obligations but will only share what we have to.
We don’t share your data with anyone else, and we will never profit from your personal information.
Access to your data
You can access your data at any time, by raising a support ticket or by emailing support@fibairo.com.
Right to Erasure
Right to Erasure means that if asked we have to delete your personal information, unless we have to keep it for legal reasons. How much we can delete depends on whether you are currently, or have ever been, a customer. If you’d like to exercise your right to erasure you can do so by raising a support ticket, or by emailing support@fibairo.com.
Right to Object
You have a right to object to us using your personal data for direct marketing purposes. If you want us to stop processing your data for this purpose please let us know via Contact Us, a support ticket or by emailing support@fibairo.com.
If you have any questions about our Privacy Notice, data security or data retention policies please get in touch.
