Broadband Terms and Conditions for Residential Customers
We are YouFibre Limited, a company incorporated in England with Company registration number 12359292. Our registered office is at Unit H The Courtyard, Tewkesbury Business Park, Tewkesbury, UK, GL20 8GD.
You are a Residential Customer. You confirm that the name and contact details on the Order Confirmation belong to a person authorised to enter into contracts and accept liability to pay our charges. The address stated in our Order Confirmation is the location where our Service will be activated for your use. If your billing address is at a different location, please specify this.
If the fibre broadband network has not yet been installed at your property, we will make the necessary arrangements and we will contact you with further information.
How to contact us. You can contact us by telephoning our customer care team at 0800 270 0000, by emailing us at email@example.com, or by writing to us at Unit H The Courtyard, Tewkesbury Business Park, Tewkesbury, UK, GL20 8GD or by using the ‘Send us a message’ form on the ‘Contact us’ page of our Website.
How we may contact you. If we need to contact you regarding your Service, we will do so by phone or by writing to you at the email address or postal address you provided to us in your Order. We may send customer service announcements to you by email or SMS text message. Please ensure that you tell us immediately if any of your contact details change.
For the purpose of our Contract, the following terms have the following meanings:
“Acceptable Use Policy” means our acceptable use policy which can be found on our Website https://youfibre.com/legal/acceptable-usage-policy.
“Activation Date” means the date on which the Service goes live as specified in the Order Confirmation.
“Complaints Code of Practice” means our complaints code of practice which can be found on our Website.
“Early Termination Charges” means the remaining charges payable for the Minimum Period when you terminate the Contract prior to the Minimum Period for reasons other than due to our breach or when we terminate the Contract due to your breach.
“Equipment” means the YouFibre Broadband Network Equipment and/or the Router Equipment.
“Home” means your home or premises described in your Order at which the Equipment is or will be installed.
“Minimum Period” means the minimum term of the Service which you have chosen as described in the Order Confirmation.
“Order” means an order for the Service made by you either via our Website or by telephone describing the details of the Service you require (and the term “Ordered” shall be construed accordingly).
“Order Confirmation” means an email confirmation of your Order in which we accept your Order.
“Price Book” means our price book for residential customers which can found on our Website.
“Router Equipment” means equipment we supply to you as an essential part of providing the Service (including upgrades or replacements) which will be our property at all times. This may include the broadband router, power adaptor and ethernet cables.
“Service” means the YouFibre Broadband service described in our Price Book which is Ordered by you and provided by us as shown in your Order Confirmation.
“Website” means the YouFibre Website.
“Writing” includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
“Working Day(s)” means any weekdays excluding Saturdays, Sundays and public holidays in the United Kingdom.
“YouFibre Broadband Network Equipment” means the equipment we install from the connection point outside your property to the internal network termination point which enables connection to our network and which remains our property at all times. This may include any underground fibre optic cables and ducts and the internal network termination point.
In this Contract, all references to “we”, “us” or “our” are references to YouFibre and all references to “you”, “Customer” and “your” are references to you, the customer of YouFibre.
1. Our Contract
1.1 Placing an Order for our Service. You accept that by submitting an Order you have placed an Order with us for that Service according to these terms and conditions.
1.2 How we will accept your Order. Our acceptance of your Order will take place when we email you an Order Confirmation at which point a contract will come into existence between you and us.
1.3 What you have Ordered. Your Order Confirmation contains all the details of the Service you have Ordered which we agree to supply to you, according to these terms and conditions.
1.4 Documents making up our Contract. You acknowledge that our Contract is comprised of the following documents:
· These terms and conditions
· Our Order Confirmation
· Your Order
· Our Price Book
· Our Acceptable Usage Policy
· Our Complaints Code of Practice
(together, the “Contract”).
If any of these documents contradict each other, a document higher up on this list takes priority.
2 Term of our Contract
2.1 Minimum Periods. Unless you choose a monthly rolling package, your Service will be for a minimum commitment period lasting a certain number of months. The length of the Minimum Period is shown on your Order Confirmation and starts from your Activation Date. You must keep and pay for the Service for the whole of the agreed Minimum Period unless you or we end your Contract earlier. If you do transfer to another package at any time during a Minimum Period, the Minimum Period for your new package will start on the date we begin providing the new package to you.
2.2 Termination During Minimum Period. If you terminate during the Minimum Period, other than where such termination is due to a breach by us or where you are cancelling during the cooling off period described in clause 2.4 below, we are entitled to charge you Early Termination Charges.
2.3 Monthly Rolling Packages. A monthly rolling package has no Minimum Period commitment period, but you are required to give us at least 30 days’ notice that you want to end it (the maximum notice you can give is 180 days).
2.4 Cooling Off Period. You have the right to change your mind about purchasing our Services and may cancel the Service within the “Cooling-off Period” set by law. This is the period of 14 days, starting on the day after the receipt of your Order Confirmation. It doesn’t apply to any further Services you Order from us or other changes you ask us to make to your Services (including where you agree to a new Minimum Period in respect of them) during the term of this Contract.
2.5 Cancelation during Cooling-Off Period. If you cancel this Contract before the Cooling-off Period has ended, you’ll have to pay us for any telephone charges and Router Equipment costs which are not free under the package you Ordered.
2.6 Return of Router Equipment. If you cancel this Contract within the Cooling-off Period, you must send back to us any Router Equipment which we have sent you to the address set out in clause 14.1 within 14 days of you cancelling your Order. If you don’t, you will have to add the cost of such Router Equipment to the amount we need to charge you following any cancellation during the Cooling-off Period.
3.1 Standard installation. If there is already a working YouFibre socket in your Home that we can access, we will use this to connect you to our network. There’ll be no need for a YouFibre engineer to carry out any work in your Home. We can activate your connection as soon as everything else in your Order is ready. If you don’t already have a working YouFibre socket in your Home when you place your Order, a YouFibre engineer will need to install one so you can connect to our network. When you place your Order, our Customer Services team will contact you to agree an installation date. We’ll need to agree this installation in writing with you before the engineer comes.
3.2 Non-standard Installation charges. A free standard installation is offered to customers unless a non-standard installation is required in which case, we will need to charge you for non-standard installation costs. What constitutes a non-standard installation is described in our Price Book. We will discuss the non-standard installation cost with you before the installation can commence. If you agree to go ahead with the non-standard installation, the agreed non-standard installation charge will be confirmed to you in writing and will be taken as part of your first monthly payment.
3.3 Contact details. The installation team will have your contact details so that they can contact you to let you know when they will arrive, or to deal with any unexpected problems or delays. You can contact our support team at any time if you have a query about your installation.
3.4 Risk assessment. The technician will carry out a risk assessment before commencing work. More information about the safety requirements for installations is available in our ‘Your YouFibre Installation Document'. If the technician decides that it is not possible to carry out the installation safely, or if there is no one over the age of 18 present at the property, you will be informed and given the opportunity to make alternative arrangements.
3.5 Changes to your requirements. Please note that if you change your requirements, this may affect your eligibility for a standard installation. If there has been an error in assessing the criteria for your installation, which means you do not qualify for standard installation, the technician will inform us, and we will discuss and agree with you how to proceed and the charges which may apply.
3.6 If the installation cannot be carried out as arranged. The technician will do everything possible to achieve your installation at the arranged time, but if it is not possible to continue with the installation because of safety issues, the complexity or the materials required, the technician will inform us and will ask you to confirm your acceptance that a further appointment will be required. If, despite our reasonable efforts, we are unable to contact you, re-arrange access to your property, or complete your installation, we may end the Contract.
3.7 Our rights under the Communications Act 2003. By Ordering and requesting installation of our Service, you agree that the YouFibre Broadband Network Equipment placed on your property with your permission will remain, including the internal network termination point, installed in your property, irrespective of whether you or anyone who purchases your property takes Services from us. You should ensure that any future purchaser of your property is made aware that the property is connected to our network and the location of YouFibre Broadband Network Equipment.
3.8 Our Equipment. The Equipment remains ours or our affiliates’ property and is to always be kept at your Home. You need to take good care of it all. If your Equipment we provide to you is faulty, we will repair or replace it. This will be free of charge if the fault was not caused by something which happened while the Equipment was in your care. You will return the Router Equipment at the end of our Contract or otherwise on our request. If you don’t do so within 30 days, we may suspend the supply of your Service until the Router Equipment is returned and/or recover our costs of any non-returned Router Equipment from you. You will need to return any Equipment to us at the following address:
Returns: YouFibre Limited, Unit H The Courtyard, Tewksbury Business Park, Tewksbury, United Kingdom, GL20 8GD
3.9 You must not sell or transfer our Equipment. Please note that you must not sell or transfer the Equipment to anyone else or use it outside the UK. You must promptly provide us with any information we ask for about the location of the Equipment. We may update, upgrade or replace the Equipment from time to time.
3.10 Previously Installed Equipment. If our YouFibre Broadband Network Equipment is already installed at your property prior to you placing an Order for Service, we will provide you with the necessary Router Equipment to use the Service together with set-up instructions and details of how we will activate your Service.
4.1 You are the Occupier. You confirm that you are the current occupier of the Home; and either the freeholder of the Home or a tenant under a lease with legally binding permission from the freeholder to install the Equipment there. You or a person given permission by you (must be aged 18 or over) will either be at your Home when we visit or will give us access to your Home on your behalf.
4.2 Consent to install keep and use Equipment at your Home. You allow YouFibre to install, keep, maintain and operate the Equipment at your Home. We sometimes need to advise you of any additional Equipment you need. If applicable, it is your responsibility to purchase additional Router Equipment as notified to you. Where we have recommended that you purchase additional Router Equipment for use with the Service and you have chosen not to take our recommendation, we cannot guarantee compatibility of what you instead choose, nor can we provide installation or on-going support in respect of it.
4.3 Right of Access. You agree that we, and people working for us, can enter your Home to carry out any work required to connect, maintain, change, replace or remove any Equipment that is needed for us to supply the Service you have asked for and to inspect any Equipment related to receiving and using our Services which is kept there. If you do not allow the installation team to access your site as arranged (and you do not have a good reason for this) the installation may be cancelled.
4.4 Your co-operation. You agree to help and cooperate with us as reasonably required to connect you to our Services. We will cause as little disturbance as reasonably possible when carrying out any work at your Home. We will repair any damage that we, or people working for us, may cause at your Home.
4.5 Wayleaves. If we have to cross your land or install, maintain and operate our Equipment at your Home, you hereby provide us with your consent do so (and you agree to do your best obtain any such consent from another person if it is required). Before we install our Equipment and provide our Service, you will provide us with any additional consents in the form of a wayleave agreement (an agreement which gives us a right to install, maintain and operate our equipment over someone’s land) suitable to us if such additional agreement is required. If you can’t provide us with the consents and permissions we require under this clause or clause 4.1 above, we can choose to end your Contract with us.
4.6 Non-interference. You will not do anything, or allow anything to be done, at your Home that may damage or interfere with any Equipment or prevent the use of or easy access to it. If any such Equipment is damaged other than through fair wear and tear, we can charge you for it to be repaired or replaced.
4.7 Access to our Network Equipment. From time to time we may require access to Equipment and to perform essential maintenance, network upgrades, household re-routing or other essential work. In this event we will contact you to arrange for one of our approved network technicians to attend your Home at a time which suits you.
4.8 Installation Route and Faults. You should also ensure that you are aware of the installation route of the YouFibre Broadband Network Equipment across your property and draw this to the attention of any third-party doing work on your property. If you report a fault which we trace within your property boundary, we will make an appointment to carry out repairs or replace faulty Equipment but if, in the reasonable opinion of the engineer, the fault was caused by damage to the Equipment, then a charge may be made.
5.1 Activation Date. Once we have issued an Order Confirmation and the Service is installed you may be charged a one-off Activation Fee, and our monthly charges will start to apply, as shown on the Order Confirmation. This is also when the Minimum Period starts.
5.2 Router Equipment. If our YouFibre Broadband Network Equipment is already installed at your property prior to you placing an Order for Service, we will provide you with the necessary Router Equipment to use the Service together with set-up instructions and details of how we will activate your Service.
6 Estimated Broadband Speeds
6.1 Broadband Speeds. Our estimated broadband speeds are set out in the following table.
|Download speeds||Upload Speeds|
|Product||Advertised Speed||Expected Speed range||Minimum Guaranteed Download Speed||Advertised Speed*||Expected Speed Range**||Minimum Guaranteed Upload Speed|
6.2 Minimum Download speed guarantee. We provide a minimum download speed guarantee to the Router Equipment. Our current minimum download speeds are listed in the table above. Please note they only apply in relation to speeds via an Ethernet cable. You’ll need to keep your Router Equipment plugged in and switched on for us to get speed information from it. The minimum download speed guarantee does not apply during a period of outage.
6.3 Advertised speeds. We guarantee to comply with the minimum guaranteed upload and download speeds in the table above, calculated by taking the mid-point between the fastest and slowest speeds for each package at peak times (8-10pm). We have done this in line with the Advertising Standards Authority’s (ASA) guidance.
6.4 Network Speeds. The actual speed and performance of your Service will depend on various things, some of which are outside YouFibre’s control. Using Wi-Fi enabled devices means that you can also connect your devices to our Services wirelessly. This makes it easier to access our Services across your devices but will mean a slower Service speed than with an Ethernet cable, due to the limitations of Wi-Fi technology.
6.5 Device Compatibility. We are able to provide the minimum speeds to the Router Equipment above, however you’ll need to ensure the electronic devices within your home are compatible with the guaranteed speeds advertised. If the devices you own are not compatible, but we are able to prove these speeds are being achieved to your Router Equipment, then you will not be eligible to cancel or downgrade your Contract without paying Early Termination Charges.
6.6 Your right to end our Contract and Money Back Guarantee. If the download speeds to your Router Equipment falls below our minimum download speed guarantee for three consecutive days (continuously or intermittently) from the date of Service activation and we are unable to fix the problem within 30 days, you will be able to leave your Contract without paying an Early Termination Charge and will be entitled to a refund for the applicable Service(s) you have received and paid for up to that point. Please note that we must be given the opportunity to fix any speeds issues you may be experiencing by way of, for example, remote fixing and engineer visits before you are entitled to leave your Contract and/or obtain a refund in accordance with this clause.
7 Our charges and your payments
7.1 Charges. Our charges for the Service are as set out in our Price Book. We will collect all charges other than out of package call charges monthly in advance, while call charges will be collected monthly in arrears (after you have incurred them).
7.2 How we calculate our monthly charges. The amount you pay for our Service will depend on the level of Service you have Ordered and is shown as a monthly amount, including VAT on your Order Confirmation. Unless we agree otherwise, all payments must be made by direct debit or by a debit or credit card approved by us. Your first payment will include the activation fee (if any) and, where applicable, charges for non-standard installations, both of which are described in our Price Book.
7.3 Minimum Period. You agree that you will be tied in to accept and pay for our Service for a Minimum Period which is measured from the Activation Date (for new Orders) or from the date of the Order Confirmation (for changes and upgrades). The Minimum Period which applies to your Order is shown on your Order Confirmation.
7.4 After the Minimum Period ends. The amount you pay for your Service will not change during the Minimum Period unless you choose to purchase new or upgraded Services in which case a new Minimum Period may apply and the amount you pay may increase (but will not decrease). For example, if you add our YouMesh service, a new Minimum Period will apply and the amount you pay may increase. Your Service will continue after the Minimum Period, unless you choose to end the Contract, but price changes may apply – see clause 7.5 below.
7.5 Price changes. We may review our charges at any time, but any price changes will not apply to contracts which are still within the Minimum Period. If our prices are to change, we will give you at least one month’s notice and you will be entitled to contact us to terminate our Contract if you do not agree to accept our price changes (see clause 12 below).
7.6 Price Match We will match any existing offer that is available to you and/or your property as long as you are able to prove that the offer is applicable and available to you and/or your property. Price match will be calculated based on the total contract value with the alternative provider spread over a 24 month contract period. Please note social tariffs are excluded from being price matched
7.7 Contract Buy Out We will ‘buy-out’ the remainder of your contract with your existing provider up to the value of £300.00 if you sign up to a 24 month contract with Us. You must also provide us proof of your final bill with your existing provider, which must include details of the costs of ending your contract early in a separate line item. The proof must also be identifiable as belonging to you and the applicable property. If you are eligible for Contract Buy Out, you will receive a refund to your bank account after you have paid your first YouFibre invoice and you must have an active direct debit mandate with us.
7.8 Monthly Usage Limits. Our Services may have monthly usage limits which are described in our Acceptable Use Policy. If you go over any of these limits, we will charge you for the extra usage.
7.9 Changes and Upgrades. If you decide to change or upgrade your Service, we will tell you what your new monthly charges will be and ask you to confirm that you accept those. Any Minimum Period which applies to your new Service will commence when we confirm your new Order by sending you an Order Confirmation. The 14-day cooling off period will not apply to any changes or upgrades to an existing package.
7.10 VAT. Our charges are exclusive of VAT which will be shown on our bills. If the rate of VAT changes, we will adjust the rate of VAT that you pay and show this on your bill.
7.11 3rd party charges. We are not responsible or liable for any third party charges from other organisations (such as telephone or content providers) which you may incur while using the Service.
7.12 If you do not pay. If you do not pay us for our Services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend or restrict the supply of the Service until you have paid us the outstanding amounts and may also terminate our Contract in such circumstances. We will not suspend the Service where you dispute the unpaid invoice.
7.13 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. You will also be responsible for paying all reasonable costs of debt recovery proceedings we incur to recover any debt you owe under this Contract, including fees charged by any debt collection agency we use.
7.14 What to do if you think we have made a mistake in our charges. If you think an invoice is wrong, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
7.16 Online bills. You will receive bills online directly into your email inbox. If you want paper or braille bills, just ask us and we will send them to you. We may charge you for paper bills, but we'll tell you about the charge beforehand.
8 Using our Service
8.1 Acceptable use. You agree to abide by our Acceptable Use Policy. You agree that we may intermittently monitor your use of our Services including data volume and type of traffic (whether authorised by statute or other legislation or otherwise) to ensure lawful use and to assist our traffic management. If you use the Service improperly, negligently, illegally or in a way which interferes with other customers’ use of the Service, we may suspend your use of our Service (see clause 9 below) or end our Contract (see clause 13 below). We may immediately remove any material placed on our servers by you or other users which breaches this Contract, does not comply with applicable law or is otherwise harmful to our interests or the interests of our other customers.
8.2 Your responsibility for use of our Services. As account holder, you are responsible for all use of our Service, whether you gave your permission or not. For example, you are responsible for anyone at your Home or who you're responsible for (that means family, friends, tenants, visitors). You are responsible for:
· materials or content you access or put online
· what you say or do online
· materials or data on equipment that you connect to our Services
· websites or pages you own, run or control using our Services
· making sure your network and devices are properly password protected, up to date and running appropriate security software
You don't "own" your phone number so you mustn't give it away to anyone else.
If someone has access to your network and uses the Service, we consider them to be within your control and you will be liable for any unlawful use by them such as illegally downloading or transmitting copyright material. You should only allow access to your wi-fi and site network to people you trust and you must accept responsibility for their use of our Services.
8.3 You are responsible for setting parental controls. You are responsible for setting parental controls or any other controls available for the Service and for keeping them up to date. When parental controls are on:
a) we limit access to websites we (or our supplier) believe should be blocked because they may be unsafe or unsuitable for you to view or access based on the choices you've made; and
b) websites are sorted for blocking by our supplier. We aren't responsible for categorising websites or for you always being able to go to websites which aren't barred.
8.4 Residential Use only. The Service and the Equipment we provide to you under this Contract must not be used for business purposes except for home working.
8.5 Vulnerable Customers. We are committed to understanding the needs and preferences of customers in vulnerable circumstances and those with accessibility requirements and to treating all our customers fairly and with respect, including those who are in vulnerable situations. We know that there are lots of different factors and life events which may cause vulnerability, whether it be long-term or on a temporary basis. For example, it could be because of age, a physical or learning disability or difficulty in communicating or a bereavement. We will do our best to offer you the right level of help and the most appropriate products and services to suit your needs. Our customer support team will always try to identify specific needs to provide specialised assistance where it’s needed. If you are in a vulnerable situation and need extra help, you can let us know by sending us an email to firstname.lastname@example.org or call us on 0800 2700 000 following which we will register it on your account so we can consider our extra needs. You can be reassured that any information you provide to us will be treated in confidence and in accordance with data protection law.
8.6 If there is a fault on the wider network. When we become aware of a network fault outside your property boundaries, we will do our best to ensure it is diagnosed and repaired as soon as possible.
8.7 IP addresses. Unless you arrange with us to have a static IP address, the internet address allocated to you may be varied at any time. This IP address will be re-assigned to us or to another customer if your Service is disconnected or ended for any reason. It will at all times belong to us. You may not sell or agree to transfer the internet address to any person. We grant to you a non-transferable licence to use the internet address while you receive internet access from us which will end if this Contract ends. If you want a static IP address, and there is one available, we may be able to offer you one, though you’ll have to pay an additional charge.
8.8 Recording calls. We may record calls (including marketing calls) to help us with training and to prevent identity fraud. We also record all 999 and 112 emergency calls.
9 Suspending the Service
9.1 Maintenance Work. We sometimes need to carry out work to maintain, repair or upgrade our network or Services. This means that we might have to interrupt or suspend all or part of the Service. We will do everything we reasonably can to reduce the effect on you of any disruptions to our Services, but we can’t guarantee a fault-free Service at all times. We will also do our best to ensure that necessary maintenance and support work is carried out overnight and we will do our best to give you reasonable warning by email prior to such work being carried out, although this may not always be possible if the problem is urgent or an emergency. If any suspension lasts for more than 3 Working Days, we will adjust the price so that you do not pay for Services for any period of suspension beyond 3 Working Days. Any adjustment will appear as a credit on your next bill.
9.2 Suspension due to your actions. We may also suspend the Service:
a) if you do not pay us (see clause 7.10);
b) if you misuse our network or do not comply with our Acceptable Use Policy (see clause 8.1); or
c) if you break our Contract, or any laws which apply to the use of our network.
9.3 Restoration of Service following suspension. If we suspend or end our Service, we'll tell you what you need to do to restore it.
9.4 Re-activation fees. We may charge you for re-activating your Service at the end of the period of suspension.
10 Our responsibility
10.1 Loss beyond our reasonable control. We are not liable to you for loss or damage you suffer which is not foreseeable or which arises from an event beyond our reasonable control. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
10.2 Your equipment. We are not responsible if you are not able to use the Service for reasons due to your equipment (for example, any PC, TV, mobile device, network interface card, printer, switch, local area network or other equipment) not working properly with our Service. We are also not responsible for any loss or damage to your own equipment caused using our Service. You must ensure that your equipment and systems comply with the following minimum system requirements:
|Operating System||Microsoft mainstream-supported Windows operating system or an Apple-supported OS X operating system.|
|Browser||Recent version of Chrome, Firefox, Internet Explorer or Safari.|
|Ethernet Cable||Cat5e or Cat6 Ethernet cable to facilitate your wired connection.|
10.3 Information passing over our network. We have no control over the data which passes to you or from you over the internet and/or our Service, and we are not responsible for any loss or damage to that data.
10.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as a consumer in relation to the Service including the right to receive Services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.
10.5 We are not liable for certain losses. We have no liability to you for any loss of profit, loss of business, business interruption, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, wasted management or other staff time, losses or liabilities under or in relation to any other contract, nor any indirect, consequential loss or damage of any kind arising from our Contract.
10.6 Maximum liability for loss or damage to property. Subject to clauses 10.1 – 10.5, our maximum liability for loss of or damage to your physical property arising from our negligence or breach of this Contract shall not exceed £50,000.
10.7 Maximum liability for other losses. Subject to clauses 10.1 – 10.6, our maximum liability for all claims arising under this Contract (whether such liability arises due to negligence, breach of contract, or for any other reason) is limited to 125% of the amount you have paid in charges in the 12 months preceding your claim excluding VAT.
10.8 Mitigation. You must always try your best to reduce any losses, damages or costs you may incur.
11 Changes to our contract
11.1 Your right to make changes. If you wish to make a change to the Service which you have Ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end our Contract (see clause 12).
11.2 Minor changes to the Service. From time to time, we may change our Services or Equipment:
a) to reflect a change to a law, code of practice, regulation, guidance or responsibility that applies to us;
b) to introduce a new feature to any Service or to change the way we provide our Service or how it’s structured (which could include upgrades and improvements or what’s contained in a Service or that we can provide our Services in new areas);
c) to introduce new Equipment or make changes to existing Equipment (including withdrawing it) and/or how we provide it (which could include upgrades and improvements);
d) to implement minor technical adjustments, features and improvements, for example to address a security threat or to introduce new features; or
e) if we have changed the way we manage our business.
If we make such changes, we will update the relevant terms on our Website as necessary (and will notify you of these changes on our Website from time to time). In the unlikely event that these changes have an impact on your use of our Service please contact us for an explanation of the reason for the change and to discuss the impact.
11.3 More significant changes to the Service and our Contract. In addition, from time to time, we may make other more significant changes to our Services, Equipment or to our Contract. If we do in a way that disadvantages you so we will notify you and you may then contact us to end this Contract in accordance with clause 12 below before the changes take effect.
12 Your rights to end our Contract
12.1 You can always end your Contract with us. You can end our Contract by giving 30 days’ written notice by telephoning our customer care team at 0800 270 0000, by emailing us at email@example.com, by writing to us at Unit H The Courtyard, Tewkesbury Business Park, Tewkesbury, UK, GL20 8GD, or by using the ‘Send us a message’ form on the ‘Contact us’ page of our Website. Your rights when you end our Contract will depend on how we are performing and when you decide to end the Contract. The consequences in each situation are explained below in clause 12.2.
12.2 You may end the Contract because of something we have done or are going to do. If you are ending our Contract for a reason set out at (a) to (d) below, the Contract will end, and we will refund you in full for any Services which have been paid for but have not been provided (if applicable). The reasons are:
a) we have told you about an upcoming significant change to your Service or these terms which disadvantages you and which you do not agree to (including a change to our prices) and you have given us notice to end the Contract;
b) we have made an error in the price or description of the Service you have Ordered and you do not wish to proceed;
c) we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
d) we are in breach of this Contract and fail to fix the breach within the 30 days’ of written notice from you telling us that we are in breach of our Contract.
13 Our rights to end our Contract
13.1 We may end the Contract if you break it. We may end our Contract at any time by writing to you if:
a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due (see clause 7.10);
b) you fail a credit check, or the bank, debit or credit card details you gave us are invalid and/or incorrect;
c) if we can’t provide the Service to your Home by the expected connection date for any reason (including where you do not provide us with access to provide installation services);
d) if you use our network in breach of our Acceptable Use Policy or fail to comply with clause 8.4 (Residential use only);
e) you or anyone you authorise to deal with us on your behalf act in an unreasonable manner or in a way towards our staff or agents which we reasonably consider to be inappropriate and sufficiently serious to justify ending this Contract; or
f) you are in breach of this Contract (other than a breach covered by clause 13.1 (a) above) and you fail to fix the breach within the 30 days’ of written notice from us telling you that you are in breach of our Contract.
13.2 Costs and losses incurred due to our Termination. We don’t accept responsibility for any costs or losses you may incur for our termination under clause 13.1. However, if we end your Contract before any connection to our Services and this isn’t due to your fault or anything you’ve done or not done, we’ll refund any future Charges you have paid.
13.3 You must compensate us if you break the Contract. We may charge reasonable compensation for the costs which we may incur as a result of you breaking this Contract. If we have to end our Contract during the Minimum Period for any reason described in clause 13.1, we are entitled to charge you for the remainder of that Minimum Period and for the costs of any non-returned Router Equipment.
13.4 How we make any refunds which are due to you. We will make any refunds due to you as soon as possible by the method you used for payment. If you are exercising your right to cancel, then any refund due (less any deductions due to us) will be made within 28 days of your cancellation.
14 Return of Router Equipment
14.1 Returning Equipment. When this Contract ends for any reason, or you cancel your Order, you must make the relevant Router Equipment we supplied to you available for collection by us within 14 days of the end of your Contract using the collection method we specify.
14.2 Costs if you don’t make the Router Equipment available for collection. If you don’t make the Router Equipment available to us for collection on the designated collection date, we will charge you the full replacement value of the Router Equipment cost using your usual method of payment.
14.3 Condition of Router Equipment. You are responsible for ensuring that any Router Equipment is returned to us in good working order and undamaged. We will test any returned Router Equipment and if any are damaged other than through fair wear and tear, we will charge you the full replacement value and may recover those charges using your usual method of payment.
14.4 YouFibre Broadband Network Equipment. Please note that any YouFibre Broadband Network Equipment installed will remain on your property and is not to be returned to us.
15 Moving site outside of or within the YouFibre Broadband Network area
15.1 To a site outside our network. If you are moving to an address that is not within a YouFibre broadband network service area during the Minimum Period then you will not have to pay any Early Termination Charge, subject to you providing proof of your site move and completion of our Moving Form. Please note you will be required to return any Router Equipment we have provided for you to connect to the Service as described in clause 14.
15.2 To a site inside our network. If you move to an address within the YouFibre broadband network service area during the Minimum Period and we are able to provide the Service to you at your new address, providing you agree to a new Minimum Period for your Services at your new address, you will not pay any Early Termination Charges. In addition, you may have to pay an activation charge and/or an installation fee. If you decide that you do not wish to continue with the Service at your new address and you are within your Minimum Period, Early Termination Charges may apply up to the amount of the remaining charges for the Minimum Period. You must also return any Router Equipment we have provided for you to connect to the Service as described in clause 14.
16 Privacy & Data Protection
17 Special terms regarding Telephone Services
17.1 We may not offer all features of a traditional phone line. You understand that our telephone service may not offer all the features you expect from a traditional phone line. Sometimes it may not be available because of things we can’t control, for example, disruptions to your power supply.
17.2 Emergency Services. Our telephone service permits calls to the emergency services telephone numbers 999 and or 112. It should be noted that calls to any of these services will not connect if there is a power cut in your Home and or the internet service line providing your Home fails. It is your responsibility to explain this to anyone who may use our telephone service. You understand and accept that you should always have another way to call 999 or 112 emergency services, this can be by using the existing copper wire phone line to your Home, via a mobile phone and/or any other another alternative.
17.3 Registration of your home address. If you use our telephone service, we’ll register your home address. We do this for billing purposes and so that emergency services know your phone number and location when you dial 999/112. If we suspend our Telephone Service under this Agreement, you’ll still be able to dial 999/112 using our Telephone Service, as long as there’s no power failure or failure in the Network.
17.4 Number Porting. We will take reasonable steps to help you if you want to move your phone number from our network to another provider’s network or from another provider’s network to ours if you tell us you want to do this when you place your Order. Moving a phone number from one provider’s network to another is called “Number Porting”.
17.5 Cost of Number Porting. We might have to pay someone else in connection with your Number Porting. If we do, you’ll have to compensate us for this. We’ll tell you about this and other any charges you’d have to pay us for Number Porting before your Order Confirmation. You can then decide if still want to do it. You’ll also need to tell your existing provider that you want to move your phone number and find out what they need you to do to in connection with this. Sometimes Number Porting isn’t possible. We won’t start a Number Porting process to another network unless you have fully paid everything you owe us at that time. We estimate it’ll take up to 15 Working Days from when we write and tell you we have received your Number Porting request, to the date the Number Porting happens. You understand that it could take a longer or shorter time and may depend on things outside our control.
17.6 Porting Date. If you are moving your phone number to our Network, we’ll send an email to your Registered Email Address telling you this date (the “Porting Date”). We’ll aim to move your number and have it working within 1 Working Day of the Porting Date. If you want to start using our telephone service before we’ve moved your old phone number to our Network, we’ll give you a temporary phone number. You can use this temporary number with our Telephone Service until the Number Porting of your old number has happened.
17.7 Porting Delays. If you ask for Number Porting, the new and old network providers need to work together to get the new network ready for your phone connection. We call things they need to do the “Activation Steps”. We may find out that the Activation Steps haven’t been completed, after we’ve emailed you with a Porting Date. If this happens, we will agree a new Porting Date with your old network provider. We’ll send you another email to your registered email address with this new Porting Date, which will replace the previous Porting Date. If we need to change your Porting Date in this way, you can’t treat it as a delay or as us mishandling the Number Porting and we won’t have to compensate you for changing the date.
17.8 Our mishandling of your Number Porting. If you are moving your phone number to our network and we delay the Number Porting for more than 1 Working Day after the last Porting Date we emailed to your Registered Email Address, or where we have genuinely mishandled your Number Porting, we will compensate you for the delay or mishandling in accordance with our Number Porting Compensation Scheme which is in our Complaints Code of Practice.
17.9 Call Limits. Our Policy applies to all calls you make using our telephone service. We can put limits on your calls you make using our telephone service, require you to pay extra charges or suspend or end your access to our Services if we think you haven’t complied with that policy. If we think we need to, we can also record some of your calls, to make sure that you’re using our telephone service in line with this policy.
18 Matters beyond our reasonable control
18.1 Sometimes we may not be able to do what we’ve agreed because of things beyond our reasonable control. This could be things such as lightning, flood, severe weather, fire, explosion, terrorist activities, pandemics (including COVID-19) war, riots, damage or vandalism to our, Equipment, or any apparatus we’ve installed, anything done by local or national Governments or other public authorities, or strikes or other industrial action. There may be other reasons too. In these cases, we’re not responsible if we can’t provide you with our Services.
19 Other important terms
19.1 We may transfer this contract to someone else. We may transfer our rights and obligations under this Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Contract.
19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Contract to another person if we agree to this in writing. If you are moving to a new house, please contact us.
19.3 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Service, we can still require you to make the payment at a later date.
19.6 Terms which remain in effect after termination. Any provision of this Contract that expressly or by implication is intended to come into or continue in force on or after termination of this Contract shall remain in full force and effect.
19.7 All of the Terms are included. Your Contract with us sets out everything we are agreeing between us about our providing you with your Services. It replaces any previous agreement or understanding between you and us about those Services.
19.8 Termination won’t affect prior rights. Termination of this Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
19.9 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English/Welsh courts.
19.10 Complaints. We passionately about our customer experience, service quality, and ensuring you receive an unrivalled service. We do however acknowledge that there may be instances where you need to let us know if we have not met that expectation. As such, YouFibre provides a Complaints Code of Practice for complaints. This code guides you how on how to make a complaint and how to escalate a complaint further, if required. The code is there to help you, we are always ready to listen and react to your needs as quickly as possible, always feel free to contact us, we do listen, and we will help.
Updated on 01.11.2023.