6.2. Once we have received your order form and service has commenced, all necessary documentation should be completed to allow this payment to be made immediately the services have been installed. If the installation pack charge is payable directly by you then payment becomes due from you as specified in your order form.
6.3. We will accept payment for the installation by cheque and first month’s charges by cheque or BACS transfer and thereafter by standing order.
6.4. We will bill you each month in advance for the Services starting on the Commencement Date at the applicable tariff. Unless otherwise agreed with us, you agree to set up a monthly Standing Order with your bank in order to pay for the monthly tariff. Payments must be received by UPFIBRE within the first 10 days of the month to prevent service suspension
6.5. If any amount owing under the Agreement is overdue at any time we will notify you in by email. If any amount remains overdue for more than 7 days after the date on which we notify you that an amount is overdue, then we reserve the right to suspend and/or terminate the provision of the Services.
6.6. If we suffer any charges from our bank in respect of non-payment by you, we reserve the right to pass these charges on to you. We will notify you if we incur such charges as a result of your non-payment and let you have a breakdown of these.
6.7. You may be required to pay a re-connection charge if you wish to be re-connected following a suspension of the Services in accordance with paragraph 6.5.
6.8. Moving the equipment installed at the Premises cannot be conducted by anyone other than our Staff.
A charge may be made if this is at your request.
6.9. If you require a name change on your account we will conduct this change without charge, unless there is a good reason why this should not be the case.
- Security and confidentiality
7.1. In order
to enable you to use the Services, we will provide you with Security Details.
You will be responsible for maintaining the confidentiality and security of the
7.2. You will immediately notify us if any of the Security Details:
7.2.1. have been disclosed to an unauthorised person or are or may be used in an unauthorised way (or if you suspect or have reason to suspect that this may occur or have occurred); and/or
7.2.2. have been lost or stolen.
7.3. We may suspend the Services if at any time we think that there is, or is likely to be, a breach of your Security Details and require you to change any password.
7.4. You will be responsible for all actions undertaken by anyone else using any of your Security Details unless you have given notice to us at the first possible opportunity upon becoming aware of the events listed in paragraph 7.2 above as the case may be. We may suspend the Services and you will fully indemnify us from all losses resulting from such actions.
7.5. You accept that we cannot guarantee the security of the Services and we do not guarantee the prevention or detection of any unauthorised attempts to access the Services.
7.6. You agree to keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under or in connection with this Agreement and will only use such information in order to receive the Services.
- Personal data
8.1. We will comply with our obligations under the Data Protection Act 1998 and any other applicable data protection legislation.
8.2. By registering for the Services you consent to our using your personal data for the following purposes:
8.2.1. the provision of the Services to you;
8.2.2. the management of our network and other technical maintenance;
8.2.3. the operation and enforcement of these Terms and Conditions;
8.2.4. the maintenance of records for a reasonable period of time following termination of the Agreement; and
8.2.5. the provision to you of information about other services we may offer unless you advise us that you do not wish to receive such information.
8.3. It is your responsibility to keep the personal data which you provide to us up to date. We may send notices or other information to you at the address you have provided to us. You should notify us immediately of any change to your personal data
8.4. We will disclose personal data to comply with all applicable laws and lawful requests by the appropriate authorities.
- What we are liable for
9.1. Nothing in the Agreement shall restrict or exclude our liability for fraud, death or personal injury caused by defects in the Services or our negligence or that of our employees acting within the course of their employment and within the scope of their authority.
9.2. We will not be liable in contract, tort (including negligence) or otherwise for any damages for any direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss nor for any damage or destruction of data however arising from the use of, or inability to use, the Services, or from any action or omission taken as a result of using the Services.
9.3. Subject to paragraphs 9.1 and 9.2 our aggregate liability to you in contract, tort (including negligence) or otherwise and arising out of, or in connection with, this Agreement and/or the provision of the Services shall be limited to £250.
9.4. The information on the Website is updated from time to time. However, so far as permitted by law we exclude all responsibility as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Services or any of the contents of the Website.
9.5. You agree to indemnify us against all costs, claims, losses and expenses (including indirect and consequential losses) howsoever arising, from any claim brought against us by any third party relating to any breach by you of your obligations under the Terms and Conditions.
- Termination and suspension
10.1. If you are an individual, you may cancel your order within 14 days of the date on which we notify you of the agreed installation date (“the Cooling Off Period”) by giving us notice in writing to be received by us no later than the 14th day after the receipt by you of such notification. If you cancel your order within the Cooling Off Period you will not be charged for any part of the Services, but if we have supplied you with equipment you must return it to us. The Cooling Off Period is not applicable to business customers.
10.2. After the Commencement Date this Agreement may be terminated in accordance with the terms set out in this Agreement. After the Commencement Date the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (“the Distance Selling Regulations”) will no longer apply to the Services.
10.3. We may terminate this Agreement at any time on notice if:
10.3.1. we are directed by any legal entity to cease the provision of the Services or any part of them; or
10.3.2. you are in breach of any of the Terms and Conditions.
otherwise specified in the Agreement, either you or we may terminate this
giving not less
than 1 months notice to the other; such notice not to expire before the end of
the first 12 months except as described under section 4.7.
10.5. You may terminate the Agreement with respect to the Services within 1 month after the Commencement Date. If you do terminate you agree to pay us all the costs that we have incurred in setting up that have not been paid to date and any cost of us ceasing to provide the Services to you. This will include, amongst other things, a de-installation charge together with a charge for the unexpired portion of the monthly tariff to the end of the agreed term.
10.6. On termination of the Agreement you agree to cease using the Services immediately and to pay any monies which remain outstanding. On termination your right to use the Services ceases immediately. We will collect all equipment and you agree to co-operate with us in connection with the same.
10.7. If the Services consistently fall below the standards set out in the Agreement and the breach cannot be remedied within 4 weeks of us being notified in writing of the same, then you may terminate the Agreement before the minimum term expires by giving 1 months notice in writing and you will not be liable for the charges referred to in paragraph 10.5.
11.1. All intellectual property rights in or relating to the Services belong to us, or have been licensed to us. You are only permitted to use these intellectual property rights as provided in these Terms and Conditions and in order to receive the Services. You agree not to use our name, logo, trade mark or any other intellectual property rights without our prior written consent.
11.2. We may change the Terms and Conditions at any time by written notice or email prior to the change becoming effective. You will be deemed to have accepted any such changes by your continued use of the Services. Changes to Fees are covered by paragraph 6.1 of the Terms and Conditions.
11.3. We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you any notice beforehand. You may not assign, sub-contract, sell or otherwise transfer your rights or obligations under this Agreement without our express written consent.
11.4. Any notice or communication required to be sent pursuant under the Terms and Conditions should be sent to us at
- UPFIBRE Limited, Unit 3 Cedar Court, 1 Royal Oak Yard, London SE1 3GA
- Email: email@example.com
- or to you at the address indicated in the registration form.
11.5. No waiver by us of any breach of the Terms and Conditions will be considered as a waiver of any subsequent breach of the same or any other provision.
11.6. If any provision of the Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions, and the remainder of the provision in question, will not be affected.
11.7. Except as expressly stated in these Terms and Conditions, no person who is not a party to the Contract will derive any benefit from it, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.8. The Agreement will be governed and construed in accordance with the laws of England and Wales and you agree to irrevocably submit to the exclusive jurisdiction of the English and Welsh Courts.
11.9. The Agreement
sets out the entire agreement between us relating to the provision of the
you and supersedes any and all previous agreements and understandings between us in respect of such provision.