FIBRECAST TERMS AND CONDITIONS (FTTP/FTTC)
1. Definitions:
The following definitions used in these terms and conditions shall have the meanings given to them below: - Fibrecast Ltd ('Fibrecast', ‘FIBRECAST, 'us', 'we', 'our') is a provider of various Internet services, registered in Scotland (Company no: SC517063 and VAT no: 291024132).
‘A-end’ means the remote termination location of a FTTP/FTTC circuit. This is usually a data centre / telephone exchange.
‘B-end’ means the customer’s Premises location.
‘Bearer’ means the maximum bandwidth of the underlying network. This is usually Gigabit Passive Optical Network (GPON) or 10 Gigabit Symmetric Passive Optical Network (XGSPON) but in certain circumstances may be Active Ethernet (Point to Point), VDSL2 or 4G/5G.
‘CPE’ means customer premise equipment, typically a TP-Link customer router, that is located at the customer’s Premises.
‘Charges’ means any charges which the Customer is liable to pay under this Contract, for example installation costs, line rentals, circuit rentals, management fees, etc.
‘Credit Limit’ means the credit limit agreed between Fibrecast and the Customer in this Contract. Unless otherwise agreed, the credit limit shall be the equivalent of one month’s billing of network services. Plus 30 days credit of any other goods or services provided by Fibrecast, including Equipment or maintenance services.
‘Customer’, ‘Subscriber’, ‘they’, ‘them’, ‘you’ means the person or body corporate contracting Fibrecast to supply the Service(s) under this Contract
‘Carrier’ means the supplier responsible for providing the Service connectivity between the A-end and B-end.
‘Data Centre’ means a dedicated building providing space, power and secure facilities for storing data and network equipment and services. Often called a carrier hotel (where a telecommunications ‘carrier’ will rent space or ‘rooms’ within a data centre).
‘Signable means Signable Ltd, FIBRECAST’s current chosen eSignature provider used for signing of contracts electronically.
‘Equipment’ means any Equipment or products supplied by FIBRECAST to the Customer as part of the Service such as CPE, routers, modems and associated cables, fibre and filter(s).
‘Exchange’ means the BT Exchange for which communication services are routed back to from the customer’s premises.
‘ECCs’, ‘Excess Construction Charges’ are when FIBRECAST or their third party decree that the installation costs originally quoted (or which were included over the term if these costs are amortised) are not enough to cover the actual cost of the installation works. Such costs are known as Excess Construction Charges (ECCs), and these fees (where applicable) will be notified to the Customer post site survey.
‘Fibre’ means an optical fibre connection either from the Exchange to the customer’s premises, or from the local green cabinet to the customer’s premises.
‘Goods’ means any Equipment.
‘FTTC’, ‘Fibre to the Cabinet’ means a technology whereby the nearest Cabinet is connected to the Exchange by Fibre, and then the connection from the Cabinet to the customer’s Premises is routed using copper.
‘FTTP’, ‘Fibre to the Premises’ means a technology whereby Fibre is used to connect the Premises to the Exchange without the use of any copper cabling.
‘IP address’ mean the unique Internet Protocol address assigned to your connection.
‘LAN’, ‘Local Area Network’ means the customer’s private local area network.
‘Layer Two’ means the data layer link in the OSI model of computer networking.
‘Local fault’ means a non-hardware related fault. For instance, performance related issues where a ‘physical’ equipment fault has been eliminated as a possible cause.
‘MBORC’ means Matter Beyond Our Reasonable Control including Force Majeure events as defined in clause 12. ‘Mb/s’, ‘Mbps’, ‘megabits per second’ means a term used to describe how much data can be sent across a Circuit in a given time. 1 megabit = 106 bits = 1000000 bits = 1000 kilobits.
‘Minimum Notice’ means the notice required to terminate the relevant Service.
‘Minimum Period’, ‘Minimum Term’ means the minimum period/term for the supply of the relevant service.
‘Monthly Recurring Charges’, ‘MRC’ means any recurring monthly Charges for the Service.
‘NTE’, ‘Network Termination Equipment’ means a communications device that is typically installed, owned, operated and supported by the Carrier that typically terminates the Service at the A-end and/or B-end of the Service. Any CPE devices typically plug into this NTE as their gateway.
‘Physical faults’ means a fault arising from the discovery of faulty hardware. Physical faults are usually those where no data rates can be achieved.
‘Prices’ means the prices for the relevant Service as amended by Fibrecast from time to time.
‘Property’, ‘Premises’ means the Customer’s Property or Premises at which any Equipment shall be installed (and programmed) if necessary and/or the Service provided.
‘POP’, ‘Point of Presence’ is a node within the FIBRECAST or its supplier’s network, sited within a data centre. It is the local point within the network, to where Internet circuits are terminated at the A-end.
‘OSI model’ means the Open Standards Interconnection model and is a prescription of characterising and standardising the functions of a communications system in terms of abstraction layers.
‘RIPE NCC’ means Réseaux IP Européens Network Coordination Centre, the body responsible for administering IP addresses within Europe, the Middle East and parts of central Asia.
‘Service’, ‘Services’ or ‘Circuit’ means the supply, connection and provision of the FIBRECAST FTTP connection. The FTTP connection method may include access by fibre optic or copper.
‘FIBRECAST’s Supplier’ means the direct supplier to FIBRECAST for any FTTP/FTTC or 4G/5G circuits.
‘Third party services’ means any part of the services which FIBRECAST procures from a third party, any third party telecommunications services and/or equipment which FIBRECAST uses in order to provide the services.
‘Third party service provider’ means the provider of any third party services.
‘User’, ‘Users’ means any human being that uses the Service, or in the case of automated, or programmed actions, an automated computer program or software accessing the Service.
2. Introductions:
2.1. These terms and conditions and any applicable FIBRECAST Charges (altogether the 'Terms') set out the legal relationship between you and FIBRECAST and the basis on which FIBRECAST will provide goods and Services to you.
2.2. You agree to be bound by these Terms either by successful placement of an order on our website, or by your use of the Service or by allowing others to use the Service.
2.3. While these Terms set out the express terms on which we agree to provide the Services, nothing in these Terms will affect your statutory rights unless expressly stated otherwise.
2.4. FIBRECAST will supply the customer with the services in accordance with these terms; the general terms and the accompanying online customer order record. The combination of which, will form a service contract between the customer and FIBRECAST.
2.5. FIBRECAST reserves the right to make any changes to these terms or to the service contract, including changes to the service as is required from time to time, to reflect:
2.5.1. Technical and operational changes to the core FIBRECAST network or that of one of our third party providers provided such changes do not materially affect the applicable service provided to the customer.
2.5.2. Changes enforced by law, regulation or codes of conduct which may be altered or issued from time to time.
3. Ordering Process:
3.1. FIBRECAST's Services are available by ordering online, or on specific circumstances as determined by us, by email. The contract will be displayed during the order process for your acceptance. FIBRECAST processes any related paperwork electronically using Signable. Placement of your order on our website indicates that you would like to place the order for the Services specified and agree to these Terms.
3.2. FIBRECAST will provide a confirmation of a customer order by email within a target of 5 working days.
3.3. FIBRECAST will endeavour to activate the services:
3.3.1. For
new customer connections requiring an engineer visit: on the appointment date
selected by the customer during the online order process. The service
activation may be delayed due to factors outside our control including blocked
ducts discovered on the appointed day or other underlying network issues.
3.3.2. For existing connections where the customer is switching providers on the same underlying network: on a date as determined by our supplier.
3.4. Throughout the provisioning process, FIBRECAST may need to communicate with the customer (or their nominated representatives) to arrange access to the customer or the end user’s premises, for FIBRECAST and/or their third party suppliers. Any delays to these requests either by the customer, their representatives, the end user, or the Landlord of the customer premises will delay FIBRECAST from meeting the activation date.
3.5. Site Survey:
3.5.1. Typically within 10 working days of acceptance of an order, FIBRECAST or their third party representative may undertake a survey at the customer premises, also known as a ‘site survey’. This is to determine whether any additional works are required to connect the customer to the network.
3.6. Excess Construction Charges:
3.6.1. When FIBRECAST or their supplier decree that the installation costs originally quoted (or which were included over the term if these costs are amortised) are not enough to cover the actual cost of the installation works. Such costs are known as excess construction fees or charges (ECCs), and these fees (where applicable) will be notified to the customer. At this point, the order will be placed on automatic ‘hold’ until the customer agrees (or not) to pay the excess construction fees. The customer has 20 working days to decide, and to notify FIBRECAST in writing of their decision. Should the customer decline they have the right to cancel their order with no further charges.
3.7. Dual Circuits
3.7.1. In the event that the customer takes a dual circuit solution from FIBRECAST, where the tail circuits are provided by alternate carriers (or the same carrier but via geographically diverse PoPs) and one is configured as primary, with the other as a backup, then FIBRECAST will provide an activation date for each circuit. The processes outlined within this document for delivery, will apply to each. Where the solution is quoted and sold at a fixed monthly, quarterly or annual price, FIBRECAST reserve the right to charge for separate services as they are delivered. E.g. customer takes FTTP service, with a FTTC backup. In this event, FIBRECAST will charge for the first circuit and accompanying hardware (such as, but not limited to, routers, firewalls or cable trays) delivered on a pro rata basis, as this is a useable Internet connection. The final charges will be applied on delivery of the second circuit and its confirmed live backup status presented in a working condition. At this stage, the contract term of the agreement for the solution will start. (E.g. customer taking a 18 month term contract, with a FTTP primary and a FTTC backup circuit).
3.8. For all services, when an installation fee is levied (as per the customer order process) FIBRECAST reserve the right to invoice this fee, which must be paid before we hand over the service to the customer or end user.
3.9. Customer’s Responsibilities: It is always the responsibility of the customer to ensure the following:
3.9.1. 3 pin standard UK plug socket is available for each piece of required electronic equipment supporting the service(s) provided. Typically this will be one socket for each carrier NTE, and one for each router (or CPE) supplied by FIBRECAST to support the service. In addition, additional power sockets may be required as directed following initial site survey depending upon the solution(s) purchased.
3.9.2. For all FTTC services as a backup, the customer must ensure that a non service bearing standard BT analogue PSTN line is available for FIBRECAST to enable the FTTC service. This PSTN line must terminate within 3 metres of the location of the FIBRECAST CPE
4. Equipment:
4.1. FIBRECAST retain full ownership of any Equipment provided (excluding carrier NTEs) to deliver the service throughout the life of the Service, and upon any cancellation, customers are expected to return the Equipment (excluding carrier NTE(s) to FIBRECAST at their cost using a fully insured postal service.
4.2. Any NTEs, where provided by the carrier, remain the property of the carrier.
4.3. Where Equipment is provided, it must not be tampered with, changed, damaged or otherwise interfered with or for you to let any other person do so.
4.4. From time to time, the Equipment may be discontinued by the manufacturer, meaning that they can no longer be ordered, but devices that are in use will continued to be supported by FIBRECAST.
4.5. You are responsible for any damage or loss of the Equipment, unless this is caused by our negligence or our contractor’s whilst installing, upgrading, or maintaining the Equipment or where the fault is caused by the Equipment during its normal operation.
4.6. You are responsible for ensuring that the Equipment is secure and protected from unauthorised interference.
4.7. All of the Equipment provided to deliver the Service is covered under warranty during the life of the Service contract, subject to the exclusions in clause 4.8 that begins on the Service commencement date. Any eligible faults, subject to clause 4.8, arising with the Equipment during this period will be covered by the warranty at no extra cost.
4.8. If we need to replace Equipment because of factors out of our reasonable control, including but not limited to, electrical surges and damage, lightning damage, storm damage, flood damage, acts of war or riots damage, then there may be a service fee to replace or repair the damaged Equipment. FIBRECAST recommend Customers keep the Equipment in a well-ventilated environment whereby the Equipment is running in conditions acceptable to the ones listed in the Equipment’s data sheet. The Equipment’s data sheets are available on request to FIBRECAST in writing.
4.9. If you connect the Service to your LAN, you are responsible for ensuring that the LAN does not adversely affect our Equipment or our network. You are responsible for your LAN including all aspects of its configuration including but not limited to, routers, wireless access points, firewalls, computers, tablets and phones. You are also responsible for your devices and other devices that may connect to your LAN with or without your knowledge.
4.10. Our demarcation point with your LAN shall be the on the provided CPE router. If you are using your own router, then our demarcation point will be the NTE. You are responsible for everything beyond this point.
4.11. Equipment maintenance and recovery:
4.11.1. From time to time FIBRECAST may need to repair, replace, maintain or upgrade any Equipment installed on your premises or to recover our Equipment following any termination of this contract.
4.11.2. If FIBRECAST requires access, we will contact you to arrange an appointment to attend your premises for this purpose. You must agree to cooperate with us in arranging a suitable time for us to arrange any visits and permit access to all of the Equipment.
4.11.3. If FIBRECAST is unable to gain access in a timely manner and is unable to carry out the maintenance, then we cannot be held for any subsequent outages, faults, or downtime associated with your service if the maintenance, repair, replacement or upgrade would have prevented this. We will charge for our Equipment which cannot be recovered which you will be liable to pay.
5. Network maintenance:
5.1. From time to time FIBRECAST or its suppliers may need to repair, replace, maintain or upgrade any core network infrastructure beyond the customer premises to improve the network performance, reliability or features, or allow new components into the network.
5.2. FIBRECAST will make every reasonable effort to provide prior notice of planned maintenance work on our website status page. It is your responsibility to check the status page so that you are aware of when this maintenance occurs.
5.3. Sometimes FIBRECAST or its suppliers may need to undertake emergency maintenance. This emergency maintenance may not be pre-planned and may need to be carried out immediately at any time of the day without any prior notice. We will always make best efforts to pre-warn of any interruption of service if we are at the cause of it, however for emergency works, this may not be possible.
6. Upgrades/downgrades and changes of Service requested by the customer
6.1. Requests for upgrades and downgrades to the Service may be made through the FIBRECAST support@fibrecast.uk email address. A feasibility check will be undertaken to determine whether the change is possible.
6.2. During the minimum period:
6.2.1. Package Upgrades:
6.2.1.1. Provided that the bearer of the circuit allows, and network capacity is available, the Customer may upgrade the package.
6.2.1.2. Any new charges related to the upgrade will take effect on the date of the upgrade where prorata billing for part-months will be applicable.
6.2.2. Package Downgrades:
6.2.2.1. Not generally permitted – by exception only.
6.3. After the minimum period:
6.3.1. Package Upgrades:
6.3.1.1. Provided
that the bearer of the circuit allows, and network capacity is available, the
Customer may upgrade the package.
6.3.1.2. Any
new charges related to the upgrade will take effect on the date of the upgrade
where prorata billing for part-months will be
applicable.
6.3.2. Package Downgrades:
6.3.2.1. Provided
that the bearer of the circuit allows, and network capacity is available, the
Customer may upgrade the package.
6.3.2.2. Any new charges related to the downgrade will take effect from the next billing period.
7. Permitted users:
7.1. You are responsible for all users who access the Internet through the Service provided to you.
7.2. You must make sure that all users of the Service are aware of these terms and accept them.
7.3. You are not permitted to resell, share, distribute the Service to anyone outside of your premises to other residential users or businesses or the wider community by means including but not limited to wireless, cable or fibre, without the prior written consent of FIBRECAST.
8. Fair and Acceptable Usage Policy:
10.1.1. For our Fair and Acceptable Usage Policy, please see the separate Fair and Acceptable Usage Policy.
10.1.2. Your use of our service is governed by this additional policy and you must abide by and agree to the terms set out in it.
9. FTTP Internet circuit Technical details:
9.1. Public IPv4 addresses:
9.1.1. Each suitable circuit will receive a single public IPv4 address.
9.1.2. If your connection is disconnected or terminated, your IPv4 address may be reallocated.
9.1.3. We shall grant you non-exclusive use of the public IPv4 address we assign to your service. Subject to RIPE NCC’s requirements, you will not own your assigned public IPv4 addresses.
9.1.4. Sometimes we may need to change customer’s assigned public IPv4 address(es) due to network configuration changes or where we are required to by RIPE NCC guidelines. We shall provide prior written notice where we are required to change your IPv4 address so you can make sufficient provisions to change any DNS records or update any services that require knowledge of your public IP address.
9.2. IPv6:
9.2.1. At this time, we do not support the allocation to customers of IPv6 addresses. This is something that is in the roadmap for deployment with no timeframe on delivery or support.
9.3. Reverse DNS:
9.3.1. Some customers may require a reverse delegated record, herein called rDNS or reverse DNS, for the IPv4 address assigned to their Service. FIBRECAST will allow customers to request an rDNS record be applied only if the domain name DNS A-record is pointing to the IP address whose rDNS record needs applying.
10. Non-permitted actions:
10.1. The specific terms for non-permitted actions when using the service are set out in the separate Fair and Acceptable Usage Policy.
11. Payment Terms:
11.1. You have a responsibility to pay the Charges for the Services you're receiving from FIBRECAST. Some charges are payable in advance of the service going live, others are payable from the day that the Service goes Live. Recurring Charges (MRC) will be collected in advance, while one-off fees will be collected in arrears.
11.2. Our Charges include the following fees:
11.2.1. Monthly Recurring Charge (MRC): A recurring Charge, paid monthly in advance, for the provision of your monthly service.
11.2.2. Connection/Installation fee: A one-off charge, paid at the time of activating your account where applicable.
11.2.3. Excess Construction Charges (ECCs): Where excess construction charges have been identified to deliver the Service, a one-off, in advance charge for the ECCs is applicable. This is due immediately after the customer has accepted the ECCs prior to the service going live.
11.2.4. CPE Service Fee: Paid if FIBRECAST needs to replace or repair your CPE device(s) due to faults caused by MBORC or where the fault was caused by the actions of the Customer.
11.2.5. NTE Service Fee: Paid if the carrier needs to replace or repair your NTE device(s) due to faults caused by MBORC or where the fault was caused by the actions of the Customer.
11.2.6. Cancellation fee: Paid if costs have already been incurred by FIBRECAST to process your order and subsequent cancellation if you cancel your order before the Services connection date, on top of any costs of providing the Services.
11.2.7. Reactivation fee: Paid if your account has been suspended because of failure to pay FIBRECAST for the charges.
11.2.8. Early termination fee: Paid if you cancel your service before the minimum term or subsequent new minimum term has been reached.
11.2.9. Missed appointment fee: Paid if our engineers attend a scheduled appointment but installation cannot be completed due to no fault of FIBRECAST or it’s suppliers.
11.3. Calls to FIBRECAST direct numbers are charged at local rates (03 numbers) and these may be included at no additional cost as part of your mobile or landline telephone phone contract.
11.4. Additional information and full details of our services and pricing can be requested by the FIBRECAST sales department. If there is a conflict relating to pricing between these Terms and any sales order, then the information on our sales order will take precedence; otherwise in the case of any other conflict these Terms will govern.
11.5. FIBRECAST accepts payment for the Service only by direct debit. If direct debit is not available, we reserve the right to charge an additional administrator fee equal to 5% of the monthly recurring Service charge.. We prefer payments by direct debit to keep our processing fees low, to improve efficiency, and to ensure that continuity of your service is maintained. If your account details change you must notify FIBRECAST immediately to ensure continuity of your service.
11.6. Our billing date for invoices is the day after your installation (1st – 28th of the month) and collection via Direct Debit as chosen by you during the order process.
11.7. FIBRECAST will email you a new invoice each month and you are responsible for viewing and storing local copies of these invoices.
11.8. You must pay FIBRECAST all sums due to FIBRECAST in full and you cannot deduct or withhold any part of the sums you owe us, except as permitted by law.
11.9. Interest may be charged by FIBRECAST if you do not pay us in full by the due date. FIBRECAST may charge you interest on any overdue payments from the date you should have paid until FIBRECAST receives full payment of the amount you owe including full interest (whether before or after judgement) at the rate of 5% per month above the HSBC base rate.
11.10. In the event of FIBRECAST not receiving full payment for services provided, FIBRECAST have the right to suspend or terminate your services and take any steps necessary to recover the amount due and any termination fee (including any costs incurred collecting the funds owed).
11.11. For residential/consumer products, all service prices shown are inclusive of VAT at the prevailing rate, and our invoices show VAT payable as a separate item on each invoice. For business products, all service prices shown are exclusive of VAT at the prevailing rate, and our invoices show VAT payable as a separate item on each invoice.
12. Definition of Force Majeure:
12.1. In this clause, "Event of Force Majeure" means an event beyond the control of FIBRECAST and its suppliers, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to:
12.1.1. Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster);
12.1.2. War, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo.
12.1.3. Interruption or failure of electricity or telephone service;
12.1.4. Wireless interference;
12.1.5. Failure of the wider Internet, or Internet’s systems such as domain name system, routing, peering or transit affecting a wide number of other providers
13. Moving Services between addresses:
13.1. If you are moving address and your new address is in an area that's covered by FIBRECAST's, its supplier and its carrier, then the Services will simply be moved to your new address.
13.2. Such moves are called “B-end shifts”.
13.3. A new connection fee may need to be paid. This fee can be quoted prior to the move order. Please contact your FIBRECAST representative for more information.
13.4. Sometimes, especially if the area is more poorly connected than the previous location, the MRC may increase. Again, this fee can be quoted prior to the move order.
13.5. If FIBRECAST is unable to move the Service to the new address location due to its own, or its supplier’s or carrier’s lack of service availability, then our standard cancellation terms of the contract will apply if the Service is not required to stay.
13.6. FTTP move orders:
13.6.1. If not stated on this agreement, a new minimum term equal to the initial minimum term is applicable to the moved Service after the Service goes live in the new location.
14. Performance of FTTP circuits:
14.1. The performance of the Service will depend on a range of factors, including but not limited to Internet congestion, remote server demand and available bandwidth. The Internet is a contended network and are not responsible for performance issues out with the FIBRECAST network in any way.
15. Minimum Period/Minimum Term:
15.1. Fibrecast standard minimum period for FTTP circuits is eighteen (18) months from the date the Services are connected.
16. Cancellation/Termination:
16.1. Notice period:
16.1.1. You are required to provide FIBRECAST at least thirty (30) days’ notice. If no written notice has been provided, then the contract will roll over automatically into a new monthly period.
16.2. Early Termination Fee:
16.2.1. Should you decide to cancel your Service before the end of the minimum period, you may have to pay for all of the remaining service charges until the end of the current minimum period. We may offer a goodwill discount for early settlement of our subsequent invoice. The only exception is associated to ECC’s referenced in clause 3.6.1
16.3. We may terminate your contract or suspend all or part of your service if:
16.3.1. You or others misuse our Service (see our ‘Fair and Acceptable Usage Polity’).
16.3.2. You otherwise breach our terms.
16.3.3. You are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally or inappropriate towards our staff or contractors.
16.3.4. You do not pay us, by the due date, any money you owe us.
16.4. Either party may terminate your contract by giving 30 days written notice to the other:
16.4.1. If there has been a material breach of these terms by the other party and this isn’t rectified within 30 days of a written notice notifying of the breach.
16.4.2. If an event, outside our reasonable control, prevents us providing the Services for more than 30 days.
16.4.3. If the other is unable to pay its debts; or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction; or
16.4.4. by FIBRECAST, without cause, after any initial Minimum Period. Fibrecast will provide 30 days written notice.
16.5. If FIBRECAST is entitled to suspend your Service then all Charges for your Service will remain payable by you notwithstanding such suspension. If FIBRECAST is entitled to terminate your Service (other than in accordance to clauses 18.4.2 and 18.4.4), then FIBRECAST will be entitled to charge you for the Charges which would have been payable to FIBRECAST as if you had provided us with a termination notice on the date of such termination.
17. Your obligations:
17.1. You agree that you will comply fully with your obligations under these Terms, and at all times:
17.1.1. Comply with the terms set out in FIBRECAST’s 'Fair and Acceptable Usage Policy' (as published on our website and advised to you from time to time) and ensure that any others using FIBRECAST’s Services via your account comply with the 'Fair and Acceptable Usage Policy' as well.
17.1.2. Keep your security information safe and tell FIBRECAST immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account.
17.1.3. Provide accurate information to FIBRECAST (especially during the ordering process) and ensure that this information is always kept up to date and accurate.
17.1.4. Ensure that your equipment and software complies with all applicable laws and standards and that you have any necessary licenses before you use it to connect to the FIBRECAST network and ensure that your equipment and software is compatible with our Equipment.
17.1.5. Only you control the content you upload or download using the FIBRECAST network. We have no responsibility for any such content.
17.1.6. Comply with these Terms and any reasonable instructions FIBRECAST gives you.
17.1.7. Indemnify FIBRECAST against all losses, liabilities, reasonable costs (including legal costs) and reasonable expenses which FIBRECAST may incur as a result of any third party claims against FIBRECAST arising from, or in connection with your misuse of the Services or breach of these Terms.
17.1.8. Indemnify FIBRECAST against any direct, indirect, consequential, incidental or special damages or any loss of profits, revenue, goodwill or anticipated savings whether sustained by the Customer or any other party even if advised of the possibility of such loss or damages.
17.1.9. All amounts due to FIBRECAST shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against FIBRECAST in order to justify withholding payment of any such amount in whole or in part
17.1.10. From time to time, FIBRECAST may (without notice to you) review, record or check your use of FIBRECAST’s Services where FIBRECAST is required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with these Terms and the 'Fair and acceptable usage policy'.
18. Changes:
18.1. FIBRECAST may need to change these Terms, including the Charges at any time subject to providing you with 30 written days notice in writing.
18.2. If we increase the Charges for elements of the Service you are using. Fibrecast guarantee to not charge more than 10% above the monthly charge in any calendar year and may only pass on reasonable increases in costs from its suppliers or charge to cover any increased administrative or support costs.
18.3. For any changes to our Terms that are required for legal or regulatory purposes, we may not be able to provide 30 days’ notice, but we will endeavour to provide as much notice as possible.
18.4. Such Changes to FIBRECAST terms will be notified to you by E-mail.
19. General
19.1. Assignment: The Customer cannot sell, transfer or assign its rights or obligations under this agreement without the written consent of FIBRECAST. No such assignment, even if consented to, shall relieve the other party of its obligations under this agreement prior to the date of such assignment.
19.2. FIBRECAST may assign this contract without reference to the customer.
19.3. If the Customer ceases to trade and does not agree to settle the termination figure from its retained assets, the Directors in the case of the Customer being a Limited Company, agree to be jointly and severally liable to pay FIBRECAST the termination figure. In the case of partnerships or sole trader businesses the individual(s) will be personally liable to pay the termination charge.
19.4. Waiver: The waiver or failure of either party to exercise any right provided for in this agreement shall not be deemed a waiver of that or any other right in this Agreement
19.5. Invalidity: If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
19.6. Whole agreement: This contract, together with any document expressly referred to in any of its terms, contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral.
19.7. Notices: Notices sent pursuant to this agreement shall be in writing and may be delivered by hand or sent by post by e-mail with hard copy confirmation by post in the case of notice of termination. This will be sent to the recipient at its address shown or at such other address as may be notified in accordance with this clause or, in the case of a company, to its registered office. Notices hand delivered shall be deemed received on delivery and those posted on the second working day after they are posted.
19.8. Headings: The headings shall be disregarded in construing this agreement.
19.9. Law: Scottish Law shall govern this agreement. The parties submit to the non-exclusive jurisdiction of the Scottish courts.
20. Liability
20.1. We are not liable for:
20.1.1 Loss of income, business, or profits.
20.1.2 Loss of data.
20.1.3 Events outside our reasonable control.
Last updated on 05/01/2024
FAIR USAGE POLICY
1. Definitions:
Fibrecast Limited ('FIBRECAST', 'Fibrecast', 'us', 'we', 'our') is a provider of various Internet services, registered in Scotland (Company no: SC517063 and VAT no: 291024132).
The following definitions used in these terms and conditions shall have the meanings given to them below: - ‘Charges’ means any charges which the Customer is liable to pay under this Contract, for example installation costs, line rentals, circuit rentals, management fees, etc.
‘Credit Limit’ means the credit limit agreed between FIBRECAST and the Customer in this Contract. Unless otherwise agreed, the credit limit shall be the equivalent of one month’s billing of network services. Plus 30 days credit of any other goods or services provided by Fibrecast, including Equipment or maintenance services.
‘Customer’ means the person or body corporate contracting Fibrecast to supply the Service(s) under this Contract
‘Equipment’ means any Equipment or products supplied by Fibrecast to the Customer as part of the Service such as Customer Access Radios, WiFi access points, routers, modems and associated cables, fibre and filter(s).
‘IP address’ mean the unique Internet Protocol address assigned to your connection.
‘Minimum Notice’ means the notice required to terminate the relevant Service.
‘Minimum Period’ means the minimum period for the supply of the relevant service.
‘Prices’ means the prices for the relevant Service as amended by Fibrecast from time to time.
‘RIPE NCC’ means Réseaux IP Européens Network Coordination Centre, the body responsible for administering IP addresses with Europe, the Middle East and parts of central Asia.
‘Service’ or ‘Services’ means the supply, connection and provision of the FIBRECAST Internet connection. The Internet connection method may include access by Radio, fibre optic or copper.
‘Property’ means the Customer’s Property at which any Equipment shall be installed (and programmed) if necessary and/or the Service provided.
2. Introduction:
2.1. The following list details all the uses of FIBRECAST’s services that we consider unacceptable - in other words, unfair and unacceptable usage. FIBRECAST maintains and promotes a policy of fair and acceptable usage at all times, so please ensure that any use of FIBRECAST's services, by yourself or anyone who connects to the service doesn't in any way contradict the restrictions listed below. You will also find your responsibilities to help keep our network secure listed at the end of this Fair and acceptable usage policy (the ‘Policy').
2.2. Please ensure that anyone using your account to access FIBRECAST's Internet services agrees with this Policy and is aware of their obligations under it. This extends to employees, office workers or guests or any one accessing the Service through your connection either knowingly or otherwise.
3. The Service CANNOT be used for the following:
3.1. Unlawful, fraudulent, criminal or otherwise illegal activities
3.2. Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading, recording, reviewing, streaming or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person
3.3. Sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters except that business customers are permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations 2003 if sent in batches of no more than fifty (50) emails at any time, each individual campaign being sent to no more than five hundred (500) recipients, with no more than five (5) campaigns per month
3.4. Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programmes) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications Equipment owned by FIBRECAST or its supplier’s and provider’s or any other Internet user or corporation
3.5. Activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person
3.6. Activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material
3.7. Anything that may disrupt or interfere with FIBRECAST's, its supplier’s or provider’s network or services or cause a host or the network to crash
3.8. Launching "denial of service" (DoS) attacks; "mail bombing" attacks; or "flooding" attacks against a host or network
3.9. Granting access to your FIBRECAST services to others not residing at the premises at which these Internet services are provided
3.10. Circumventing the user authentication or security process of a host or network
3.11. Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data
3.12. Monitoring or recording the actions of any person entitled using your connection without their knowledge or any person or thing outside of your premises including, without limitation, any public highway or roadway or another person's business premises
3.13. Collecting, streaming, distributing or accessing any material that you know, or reasonably should know, cannot be legally collected, streamed, distributed or accessed.
4. Security
4.1. You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.
4.2. You must immediately advise us if you become aware of any violation or suspected violation of these Security provisions.
4.3. Usage by others using the service without your knowing:
4.3.1. You are responsible for all uses made of FIBRECAST's Internet services through your account (whether authorised or unauthorised) and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that FIBRECAST are not responsible for any of your activities in using the network. It's your responsibility to determine whether any of the content accessed via FIBRECAST's Internet service is appropriate for children or others in your premises to view or use. It's not FIBRECAST's responsibility to filter or make provisions to restrict access to certain websites some may find offence.
5. E-mail:
5.1. FIBRECAST reserves the right to block any E-mails passing through out network that have the characteristics of SPAM email. We may contact you to inform you if you're emails have been classified as SPAM and any SPAMing activities made by you may result in a suspension or termination of service.
6. Data usage and excessive network use:
6.1. Unless otherwise stated on the FIBRECAST FTTP order form, FTTP circuits are usually provided with no specific data transfer limit, i.e. their usage is unmetered and uncapped.
6.2. Customers can use the Service as much or as little as they wish subject to complying with the terms and fair usage policy governing the Service.
7. Breach of policy
7.1. If any customer's use of these services constitutes a breach of this Policy, FIBRECAST may, at its option and discretion, either give the member notice to stop the unacceptable use(s) or terminate that member's services (with or without notice as FIBRECAST considers appropriate).
7.2. To report any illegal or unacceptable use of FIBRECAST services, please send an email to abuse@fibrecast.uk.