1. The services we provide
1.1 These Standard Terms and Conditions apply to:
a) The provision of residential broadband, telephone and television services delivered directly over fibre optic cables (or occasionally over copper cables connected to a fibre-enabled cabinet).
b) Any equipment that we provide.
1.2 The broadband services that we agree to provide you with include:
a) an in-home Optical Network Terminal (ONT) that converts electrical signals to light for transmission over our fibre optic networks
b) high speed access to the Internet.
1.3 The telephone services that we agree to provide you with include:
a) the facility to make and receive telephone calls, delivered via the ONT which converts standard telephone signals to Voice over Internet Protocol (VoIP) signals enabling services to be connected over the Internet and public telephone networks.
b) a range of calling plans which you may select to enable you to make discounted telephone calls.
c) a single fixed line telephone number for each line that you rent from us.
1.4 The services and equipment we provide to you under these terms should not be used for business.
2. Where we provide the service
2.1 The services and equipment that we provide are generally delivered over next generation fibre optic networks for which we are the designated Network Operator or approved Service Provider.
3. Providing the service
3.1 You agree to follow any reasonable instructions that we may give you, and to allow us access to your premises, by appointment, should we need to repair or replace any equipment provided to you.
3.2 You agree to look after any of our equipment. If you do not do so and the equipment is damaged, you may have to pay for it to be repaired or replaced.
4. Minimum term
4.1 Our standard minimum contract duration is twelve (12) months. However, on occasions we may offer special promotional packages or service terms which will require you to commit to a longer term contract. These revised terms will be made clear within any promotional material and offer letter that we send you.
4.2 The Minimum Term period will start on the date that we provide the service to you, unless the service terms say otherwise.
5. When the service starts
5.1 We will agree a date with you for the installation of your fibre optic service – the Service Start Date. If you cancel any appointment for the installation of your service after 12.00pm on the day before we agree to install, you may be liable to pay a missed appointment charge of £10. We will begin the service and the Minimum Term will be in effect once any work we need to do is completed on that date.
5.2 During installation there must be a responsible adult present in your home. Where this person is not you, it must be someone authorised by you to make decisions regarding the location and installation of equipment.
5.3 As part of the installation, the engineer will be responsible for connecting your computer to the broadband service and will demonstrate a working Internet connection to you, providing your computer meets the minimum requirements. You will be responsible for reconnecting any other online equipment you may have, such as additional computers, wireless routers or games consoles.
5.4 If you have also taken a telephone service, the engineer will connect a suitable telephone that you provide and ensure that the hand-set is able to make and receive calls.
5.5 If a television service is being supplied, the engineer will assist you in connecting a television or set-top box to the main television socket and will show that TV signals of an acceptable quality are being received.
5.6 You may cancel your agreement for any service that you order prior to installation by contacting us at any time up until the Service Start Date but if you do so you will be liable to pay for any work that we have started or done to install any equipment.
6. Using the service
6.1 You must not use the service or allow the service to be used:
a) in any way which breaks any law or the conditions of any licence or rights of others or, if you have a service from us that gives you Internet access, our Acceptable Broadband Use Policy which we may amend from time to time;
b) to make offensive, indecent, menacing, nuisance or hoax calls or to cause annoyance, inconvenience or needless anxiety;
c) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, defamatory, obscene or menacing; or
d) in any way which we reasonably think will, or is likely to affect how we provide the service to you or any of our customers.
6.2 We take the types of misuse described in paragraph 6.1 very seriously, and you agree to take all reasonable steps to make sure that it does not happen. If we reasonably believe you have misused the service, we may take immediate action to suspend the service or end your agreement with us without telling you first, even if you were not aware that your service was misused.
6.3 You agree that any content, software or other copyright material we supply to you is for your own private use, and that you must not copy, change or publish the material or supply it to any other person or use it for any business purpose.
6.4 If we provide you with a phone number, you agree that you do not own the phone number and that you will not transfer it to anyone else or try to do so.
6.5 You agree not to connect equipment to our network:
a) that does not bear the European Consumer Equipment Standards ‘CE’ mark;
b) that may harm the network or other customers’ equipment.
If you do, you must disconnect it immediately.
6.6 If you use any inclusive Calling Plan in a different way to how it should be used (for example, you use a Calling Plan for telemarketing), we may suspend or end the service immediately. Otherwise we may, on 30 days’ notice, transfer you from any inclusive Calling Plan (for example the Phone Plus, Phone Max or Phone World Plans), to Line Rental only. Any calls beyond this point would be charged at the prevailing rate against our standard tariff.
6.7 If you have an Internet access service from us, you accept that you are using the Internet at your own risk. You are responsible for making sure any equipment you use to access the service is protected against viruses.
6.8 You must not use the service for any commercial or business purpose whatsoever unless we have given you permission to do so. If we find that you are using the service in for business or commercial purposes we reserve the right to limit or terminate the service immediately.
6.9 All broadband services are provided in line with our Acceptable Broadband Use Policy.
6.10 All broadband services are provided with unlimited download capacity. However, this is offered on the basis that you adhere to our Acceptable Broadband Use Policy and should we find that you are in breach of that, we reserve the right to limit or terminate the service immediately.
6.11 If we upgrade you to higher broadband speed plan while you are still within your Minimum Term, the remainder of that Minimum Term will apply to your upgraded service.
6.13 You are responsible for properly using any user IDs, personal identification numbers (PINs) and passwords needed for the service, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised people.
7. Quality of service
7.1 We aim to provide a continuous, high-quality service but we do not guarantee either the quality of the service or that the service will be available at all times. From time to time faults in the service may occur. We will repair these faults as soon as we can.
7.2 As our services are delivered over fibre optic cable, we are able to accurately anticipate broadband speeds. We are working towards compliance with Ofcom’s Voluntary Code of Practice: Broadband Speeds and aim to be a signatory to the Code by the summer of 2012.
7.3 We may also take action to manage the network’s performance during periods where there is a high demand. Any such action and the services that are likely to be affected will be detailed on the web portal relative to your community.
7.4 If you use the service in any way that we consider is likely to be detrimental to the provision of the service or which may adversely affect other customer’s enjoyment of the service, we reserve the right to terminate your service immediately. However, we will make every effort to contact you to advise you of your breach of our policies and give you the opportunity to refrain from such activities.
8. Paying for the service
8.1 You agree to pay all charges for the equipment and the service, including any charges for late payment, whether you use the service or someone else does. The method of payment will be either as set out in the service terms or as we otherwise agree with you.
8.2 Unless we agree otherwise, we will normally bill you upfront (in advance) for any rental charges for the service. We will bill you later for any other usage charges after the event which the charges relate to. If possible, charges will appear on your next bill but sometimes there may be a delay.
8.3 Our preferred method of payment is by Direct Debit. We are willing to consider other payment methods but may wish to impose a charge per payment should we incur costs in collection.
8.4 We will send any bills by e-mail to your designated e-mail address unless you tell us otherwise and all bills will be available to view online. We will send your first bill shortly after we have provided the service to you for the first time. After that, we will send bills regularly. However, we may sometimes send you a bill at a different time, for example, if the amount of money you owe us is considerably higher than expected.
8.5 If you wish to receive a paper bill you must notify us. Please be aware that there will be an additional charge of £1 per paper bill sent in order to cover our costs.
8.6 You agree to pay the charges as soon as you receive your bill. You may also need to pay a deposit or a payment upfront before you can receive the service or goods.
8.7 If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment within 10 calendar days of the date of that reminder (seven days if you pay monthly), we may add a late payment charge of £7.50 to your next bill by way of compensation to us for breaking the terms of this agreement. We may also charge you £10 by way of compensation to us for any direct debit payments which are returned to us because you do not have enough funds in your account. The charges set out in this paragraph are not subject to VAT.
8.8 We will generally not suspend or end the service or the agreement until 28 days after your payment was due (21 days if you pay monthly), unless the service terms or the price terms say otherwise. However, sometimes we may take this action earlier. For example, we may do this if you have not paid a recent bill.
8.9 If you do not pay your bill, we may ask a debt-collection agency to collect the payment on our behalf. If we do, you will have to pay us an extra amount by way of compensation to us for breaking the terms of this agreement. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us). Any extra amount added to your bill will not be subject to VAT. This paragraph applies even if your agreement with us has ended.
9. Your rights to cancel your agreement and return equipment
9.1 You may cancel your agreement with us before we have provided the service, unless the service terms say otherwise. If you do so, we will not charge you. If we have provided you with any equipment to allow you to use the service, you agree to return it, following our instructions and at your cost. We will refund any payment you have made for the equipment. If we have to collect the equipment, we may charge you our reasonable costs for doing so.
9.2 If you return any equipment as faulty, we may test the equipment – if it is working, we will send it back to you. If we do so we may charge you costs for testing and postage. This does not affect your legal rights relating to equipment which is faulty or wrongly described.
10. Ending the service
10.1 If you ask us to change your broadband plan or calling plan to another of our available plans, we can usually do this within 48 hours. If not, we will tell you when the change will take place.
10.2 Once we have provided the service, you may tell us to stop providing it at any time by giving us 28 days’ written notice, unless the service terms say otherwise. We can stop providing the service to you by giving you 28 days’ written notice.
10.3 If we stop providing the service within any relevant Minimum Term because you have asked us to, you will have to pay a charge by way of compensation for ending it early. These charges will equate to the outstanding monthly service charges for the remainder of the Term along with any outstanding telephony charges that you may have incurred.
10.4 If you or we end the agreement for the service, we will pay back to you any money we owe you relating to that agreement. We will first take off any money you owe us under that agreement or any other agreement between us.
11. Changing these terms and conditions
11.1 Sometimes, we will need to change the charges and the terms and conditions of the service. We will publish details of all changes online at the portal relative to your community.
11.2 We will also let you know about a price increase or a change to the terms and conditions that we believe is likely to cause you material disadvantage at least one month before it happens. We will let you know about other price changes and changes to the terms and conditions with your next available bill.
11.3 For changes we need to make to meet legal and regulatory requirements, we may not be able to meet that timescale. We will let you know about these changes as soon as we can.
11.4 If we have made a change which is to your material disadvantage, you will not have to pay a charge if you decide to end your agreement early, unless the relevant price terms say otherwise. However, once we have told you about such a change, you must let us know that you want to end the agreement within ten days. When we make a change that we reasonably believe is to your material disadvantage we will also let you know that you may end the agreement early without paying a charge for doing so.
12. Other things that we may need to do
12.1 We may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services. We also record all calls to the 999 or 112 emergency services.
12.2 Occasionally we may have to:
a) interrupt the service – and if we do so, we will restore it as quickly as we can;
b) make minor changes to certain technical specifications, including limits for transferring information which are associated with the service.
13. Our responsibility to you
13.1 We guarantee:
a) to provide the service by the Service Start Date we agree with you;
b) not to disconnect the service by mistake; and
c) to keep any appointment we make with you under this agreement.
13.2 Unfortunately, we cannot guarantee that the service or the equipment we provide will never be faulty.
13.3 If you do experience problems with your service, we will provide a number of methods for you to get in touch with us:
a) a single phone number as a central point of contact.
b) a web portal to enable you to send an e-mail directly to our Technical support staff
c) an on-line ticketing system to enable you to request technical assistance or report a fault
d) a “Live Chat” facility available through your community portal to request assistance during business hours
13.4 During business hours (0900 to 1700) you will be able to contact us via the phone number, the on-line ticketing system and the “Live Chat” service
13.5 Outside business hours (1700 to 0900) during week-ends and public holidays) you will be able to contact us by phone or on-line but it may take us up to 1 hour to respond to your request.
13.6 We will endeavour to repair a reported fault as quickly as possibly but the urgency with which we deal with a fault that you report will be determined by the nature of the fault. We define two classes of fault as either a Network Critical Fault or Subscriber Affecting Fault, as follows.
13.7 Network Critical Faults are defined as issues which affect more than one Customer on the Fibre Network. These will typically include the inability of multiple customers on the fibre network to connect to the Internet, inability to make and receive phone calls and loss of some or all of the television channels.
13.8 We will ensure that customers logging Network Critical Faults will receive a call back within 1 hour. Once identified as a Network Critical Fault we will take appropriate action to ensure that an engineer is on site working on a resolution within 4 hours following this call.
13.9 Subscriber Affecting Faults are defined as issues which affect a single customer. These will typically include the inability to connect to the Internet due to configuration or connection issues with a single customer’s circuit, the inability for a single customer to make and receive phone calls and the loss of some or all of the television channels within a single home.
13.10 We will ensure that customers logging a Subscriber Affecting Fault will receive a call back within 1 hour during Business Hours. Response calls will be made between 9am and 10am for faults logged outside Business Hours.
13.11 If it is possible to resolve the fault remotely, we will take appropriate action to ensure that the fault is resolved within 4 hours following this call.
13.12 However, if a site visit is required to repair a broken cable or replace a piece of faulty equipment for example, we will make arrangements for an engineer to visit site to repair the fault within 72 hours following the call.
13.13 If you suffer a continuous total loss of the service at any time after we have provided it, we promise to put things right by midnight on the third weekday (not public and bank holidays) after you have reported the fault to us unless a specific appointment date is agreed. We will treat a fault reported after 9pm on a weekday, or anytime at weekends or on a public or bank holiday, as if you reported the fault at 8am on the next weekday after the day you reported the fault to us.
13.14 For any broadband service that we provide, by continuous total loss of the service we mean the inability to make a connection to the Internet through the fibre optic network, due to a fault in any part of our network up to and including the Optical Network Terminal (ONT) in your property.
13.15 For any telephone service that we provide, by continuous total loss of the service we mean the inability to make or receive a phone call, due to a fault in any part of our network up to and including Optical Network Terminal (ONT) in your property.
13.16 For any television service that we provide, by continuous total loss of the service we mean the inability to receive satellite, terrestrial television or DAB radio signals, due to a fault in any part of our network up to and including the Gateway Termination Unit (GTU) or multi-switch distribution amplifier (where fitted) in your property.
13.17 If we do not put things right after you have reported a fault within the timescales detailed in paragraph 13.13, we will provide a daily rate service credit for each whole or part day we are late in repairing the service. This service credit will be equal to the daily charge for the service for each day that applies. The daily charge is twelve times the monthly service charge (including VAT) divided by 365. You will not be entitled to a service credit if the fault relates to equipment that you have bought from other suppliers.
13.18 You will need to contact us to claim the service credit. We will take the amount we owe you off your next bill.
13.19 Unless we are negligent, our only responsibility is to pay you the service credit as described in paragraph 13.17.
13.20 The maximum amount we will credit or pay you is £500 in any 12-month period as set out in the standard terms. This does not include our responsibilities if you die, suffer personal injury or suffer loss or damage to physical property as a result of our negligence.
13.21 Unless the service terms say otherwise, we have no responsibility to pay you compensation for financial loss, for any information which is lost or corrupted, or for any loss that could not have been reasonably foreseen (expected) as a result your use of the service for commercial or business purposes against the condition detailed in paragraph 1.4.
13.22 Since we typically do not impose a service charge for the provision of television services over our fibre optic networks, no compensation or credit will be paid in respect of any failure to meet the timescales detailed in paragraph 13.13 with regard to restoration of a television service.
13.23 Nothing in paragraphs 13.1 to 13.22 affects your legal rights relating to equipment which is faulty or has been described wrongly.
13.24 These guarantees do not apply if:
a) someone other than us has caused the fault;
b) we ask to come onto your property and you do not allow us to; or
c) we reasonably ask for other help and you do not give it.
14. Matters beyond our reasonable control
14.1 Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control. This could include very severe weather or damage to our infrastructure by third parties. In these cases, we do not accept responsibility for what has happened.
15. If you break the agreement
15.1 Other than for serious misuse described in paragraph 6.1, we will normally give you an opportunity to put matters right within a reasonable time if you break the agreement.
15.2 However, if you do not do so, we may suspend or end the agreement for the service. We may also suspend the service or end the agreement for the service if you break any other agreement you have with us and do not put matters right within a reasonable time. If we suspend the service or end the agreement for the service, we will tell you what needs to be done before we can restore the service.
16. Sorting out disputes
16.1 We will try to work through any disputes that you may have with us. However, if we cannot do this, you may refer the matter to any relevant service that sorts out disputes. Details of these and of how to refer a dispute are set out in our Code of Practice for Consumers and Small Businesses.
17. Other things we need to tell you
17.1 You accept that the agreement for the service is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
17.2 When we need to contact you, we will use your billing address, e-mail address, mobile or fixed phone number. If you need to contact us, please use the address on your last bill or any other postal address, e-mail address or phone number we have given to you for that purpose.
The purpose of this Code of Practice is to inform residential and small business customers in plain language of the range of products, services and support functions that we offer. The document provides details of how to contact us to obtain these products and services, how to cancel services and the complaint procedure should a dispute occur.
In addition the document details our policies and safeguards that are in place to protect consumers and ensure fair and safe access to our services.
Nothing in this Code affects your statutory or other legal rights. Whilst the code provides useful guidance as to the manner in which we operate, it does not form part of any contract between us.
2. About Us
Fibre Options Ltd. Is a builder of Next Generation Fibre to the Premises (FTTH) networks that provide residential and corporate customers with high speed Internet, Voice over IP Telephony and Integrated Reception System Television services. Working with Communities, Developers and Local Authorities throughout the UK, we provide Internet, Telephony and Television services which are supplied direct our through our brand “Fyba.net”.
Fibre Options is based in Tring, Hertfordshire and aims to provide high quality next generation services at affordable prices either over our own networks or those owned by communities with whom we partner.
3. Contacting Us
You may contact us by the following methods:
email@example.com for general enquiries
firstname.lastname@example.org for sales enquiries
email@example.com for accounts enquiries
firstname.lastname@example.org for technical enquiries
Alternatively should you wish or need to contact us formally, you may write to us at our Head Office at the following address:
- Head Office
- The Courtyard
- Park Road
- HP23 6DB
Our Company Number is 2546966 and our Registered Office is:
- Registered Office
- Chandos House
- School Lane
- MK18 1HD
4. Our Products and Services
We typically offer the following services over Next Generation fibre optic networks:
High speed Internet connections including line rental which provide contended or uncontended speeds up to 1Gbps (where available).
Typically the services will be symmetrical with the upload speed matching the download speed and restrictions may be imposed on monthly download limits.
We also offer POP3 e-mail accounts with virus and spam filtering and a web-based interface.
Our broadband services are provided in accordance with our Acceptable Use Policy, a copy of which may be obtained from our web site or by request through phone, e-mail or mail.
The telephone service that we offer is based on Voice over Internet Protocol (VoIP) technology which does not require the use of conventional copper telephone lines. We provide Customer Premise Equipment which converts the voice signal to Internet traffic and enables call routing to other VoIP users or conventional telephone services over the Internet. This service provides all common functions normally associated with a conventional telephone line including full access to the Emergency Services.
Telephone services are provided in accordance with our Telephony Fair Use Policy, a copy of which may be obtained from our web site or by request through phone, e-mail or mail.
The fibre optic technology that forms the backbone of our networks enables the delivery of high quality television services from centrally located satellite dishes and aerials within the community.
Since these service are delivered underground over the fibre optic network, there is no need for individual households to install their own satellite dishes and aerials.
The television service delivers signals to enable Sky, Freesat and Freeview television services to be received subject to individual customers purchasing a suitable service or set-top decoder box. A DAB radio feed is also available on most networks.
Please note that a television Licence is still required when receiving services through our fibre optic networks.
Maintenance and Support
The fibre optic technology that forms the backbone of our networks enables the delivery of high quality television services from centrally located satellite dishes and aerials within the community.
Pricing for all our services is available on our web site and generally available on the dedicated portals for the communities and developments that we serve. A full price list can be provided following a request by phone, e-mail or in writing to our offices.
Services may be ordered by phoning, e-mailing or writing to us, alternatively many of our dedicated portals have sign up forms. For those networks on new housing developments, it is also possible to sign up for the service through the Sales and Marketing Offices of the developer.
Fibre Options Limited (hereafter ‘Fibre Options’) have adopted a philosophy that assumes the honesty and good intent of our subscribers, therefore our services are provided in as unrestricted a manner as possible to allow our users to have the richest Internet experience possible.
This Acceptable Use Policy (AUP) must be read in conjunction with our relevant Terms & Conditions of Service and Code of Practice and may be subject to change from time to time. It is the subscriber’s responsibility to ensure that they comply with the latest edition of the AUP at any given time. If you have any questions about any of our policies, please contact our Customer Services at email@example.com
This AUP may be revised, without notice, at any time, at the sole discretion of Fibre Options. Completion of the relevant application forms or connection to the service for the first time is deemed to be an agreement to our Terms & Conditions and AUP.
In the event of a breach of this policy, Fibre Options reserves the right to terminate your service with immediate effect, without recompense and delete any files held on our servers.
In addition this document along with our Code of Practice details our policies and safeguards that are in place to protect consumers and ensure fair and safe access to our services. It also outlines our policy towards the fair use of our broadband service and the steps that we might take if your use of the service adversely affects the quality of the service enjoyed by other users on our network.
Nothing in this Code affects your statutory or other legal rights. Whilst the code provides useful guidance as to the manner in which we operate, it does not form part of any contract between us.
Users may not mount an attack, by whatever means, against our system, or any other systems. Users may not run unauthorised mailing lists from, or through any of our machines, or mail servers.
Login names and passwords must be kept secret and not be communicated to any third party. Fibre Options must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with your files and your email. If you change your password, please keep a note of it as Fibre Options staff cannot gain access to changed passwords.
Users may not download or store illegal copies of commercial software. If commercial software is stored on our hard disk, we will delete the files and immediately terminate your service without recompense.
Any attempt to breach the security of any machine is forbidden. Attempting to do so will result in immediate account termination and possible further legal action. Users may not run any program that monitors network packet data or any program that compromises the privacy of network traffic.
Fibre Options reserve the right to suspend accounts or access to the network during investigation or suspected or potential abuse of this policy.
Fibre Options customers who engage in abuse of its network and/or the Internet will be notified that their behaviour is unacceptable and may have their accounts suspended or terminated if such abuse continues.
Fibre Options does not tolerate abusive behaviour from anyone and reserves the right to terminate, without notice or refund, the services of any customer who uses abusive, violent, verbally abusive or threatening behaviour towards Fibre Options, its staff, customers or other users.
Permanently connected customers that provide their own web servers, email servers, news or any other type of service are totally responsible for those servers/services and their content.
You should ensure that you are aware of any laws regarding the material you are providing, including copyright laws.
If you are breaking the law we will co-operate with the relevant authorities and may also suspend or disconnect your service.
Broadband customers are required not to use the supplied connection for illegal purposes; this includes copyright violation and/or the transmission of illegal material.
The user agrees to refrain from sending or receiving any material which may be deemed to be offensive, abusive, indecent, hard-core, paedophile pornography, defamatory, obscene, menacing or as prohibited by current and future law. Fibre Options reserve the right to disconnect or suspend your service.
You must not gain or attempt to gain unauthorised access to any computer system(s) for any purpose. This is classed as a breach of this AUP and also such action may lead to criminal prosecution under the Computer Misuse Act.
You are prohibited from running port scanning or other software which is intended to probe, scan, test the vulnerability of remote systems or networks expect in circumstances where the remote network administrator has given express permission for this to be done.
Broadband customers should also be aware of their inclusive bandwidth quotas should any be imposed by the terms of their service. This quota is in place 24hours a day, 7 days a week on our network – we do not have peak/off peak hours, once the included bandwidth has been exhausted, we will charge for additional usage at our advertised rate.
Sending and receiving email involves the same responsibilities as would be used when sending or receiving any other form of communication – written or printed mail etc. Most users fully understand what would be considered appropriate and acceptable when communicating with others and apply these considerations to their use of email.
You should not send emails that may cause annoyance, inconvenience or anxiety to the recipient.
You should not send any emails likely to cause distress, or any material which is classed of offensive, indecent, obscene, menacing or in any way unlawful.
You must not use Fibre Options mail services or our network to send email to any user who does not wish to receive it.
You must not use Fibre Options mail services or our network to send unsolicited commercial email (known as ‘spam’ or ‘UCE’) in bulk or individually.
You must not use the Fibre Options mail service or our network to deprive others of service (known as ‘mail bombing’).
You must not use false mail headers or alter the headers of email messages in such a way as to conceal the identity of the sender.
You must ensure that any email servers connected to our network and/or owned by you are not configured to allow open SMTP email relays.
Customers who abuse this service will be notified that their behaviour is unacceptable and may have accounts suspended, terminated or restricted.
5. Usenet (News)
Use of Usenet services, like email communication, is generally a matter of common sense in regard to communication. What is generally considered unacceptable in other forms of communication may also be unacceptable in postings to Usenet news groups.
You should acknowledge that some newsgroups accessible through our news service may contain language, pictures or discussion of topics intended for an adult only audience.
Fibre Options cannot and does not proactively monitor discussions or the content held within news groups on our servers.
The Material may originate from other servers and be transmitted as part of the normal Usenet news service.
Fibre Options does not accept any responsibility for the content or any of the postings made to Usenet – whether considered legal or otherwise.
Fibre Options reserve the right to discontinue access to Usenet or to any newsgroup at any time and for any reason.
You may not alter the headers of postings to newsgroups in an attempt to conceal the identity of the sender; this does not include the addition of characters to an email address or domain name in an attempt to prevent capture of email addresses by automated gathering software.
Fibre Options is unable to force any removal of material from other servers outside of their control. Fibre Options customers who engage in abuse of the Usenet network will be notified that their behaviour is unacceptable and may have their accounts suspended, blocked or restricted if such abuse continues.
6. Web Space
You will be responsible for the content of any web space that we might provide to you, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law.
Should any web pages not conform to this then they will be removed.
Fibre Options reserves the right, without notice or explanation, to remove material which does not comply with company policy, such as material of an adult nature or pirated software.
Subscribers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via your web sites. Fibre Options reserves the right to suspend any sites containing such material.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as web site designers working on your behalf, or those directly involved with the site in question. Fibre Options must be notified immediately if they are compromised. If someone were to gain access to your account password, they could tamper with files held on your site.
Technical support will only be provided for uploading, downloading and viewing pages. No support will be provided for HTML authoring or page design, although we may have support pages providing help with these topics.
The customer has sole responsibility for ensuring that any data is suitably backed-up. Fibre Options will not keep backups of your pages.
Fibre Options will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.
If the account is suspended for any reason, such as non-payment, access to the customer’s homepage, both for viewing and uploading, may also be suspended.
On closing an account, the relevant data on the customer’s web space will be deleted.
By uploading to the web space, the customer will be deemed to have accepted and agreed to the Terms & Conditions of use of the web space service.
7. Internet Relay Chat (IRC) Specific
Users must abide by the policies of any IRC networks they use. We will co-operate with the administrators of IRC networks to identify abusive users and restrict their access to IRC. Users are reminded that harassment, threatening or slanderous behaviour on IRC is prosecutable under UK law.
8. Fair Use
As the broadband service we offer is delivered on a contended basis, a number of customers could be sharing the bandwidth at the same time.
Consequently the sending or downloading very large files or the use of ‘peer to peer’ and file sharing software (which itself may result in the transfer of very large files) is likely to have an adverse impact on the service quality for all users sharing that bandwidth. This results in a slower response for everyone accessing the Internet or sending and receiving emails, especially at peak times.
Although the vast majority of subscribers use their service considerately and their usage levels during peak hours do not disproportionately affect the shared network capacity, a very small number of subscribers using the service inappropriately can greatly affect the service. We therefore ask all subscribers to refrain from inappropriate use to ensure that the service can be used fairly by everyone.
If you regularly use the service inappropriately during peak hours, and we believe this is unfairly affecting other customers’ use of the service, we reserve the right to manage your bandwidth during peak times, which could result in reduced service speeds.
If you continue to use your service inappropriately we reserve the right to end your agreement with us and will give you notice before doing so.
While this policy applies to all our domestic and small business customers, it will only actually affect you if you’re one of the very few customers who make inappropriate use of the service. If you don’t use peer to peer, file sharing or other inappropriate software and you are not, for example, constantly downloading or uploading videos or very large files, you are unlikely to be affected by this policy.
9. Technical Support
Technical support exists for the benefit of Fibre Options customers, providing support for questions relating directly to our services. Technical support is here to provide the best service possible to our customers, but can, at times, be stretched by having to answer unnecessary calls or emails. When contacting Technical Support, please have all relevant details to hand.
If the problem doesn’t directly involve the Internet connection, for example – how do I send an email, how do I change the first page that is displayed when my web browser starts etc., this is a function of the particular software application (e.g. the mail program, web browser etc.). Please explore the various settings, options or use the in-built help menu (in the program you require help for) for instructions on such procedures. Before contacting us for support, you are obliged to check other documentation for answers to your question. This includes:
Documentation that was supplied with the account.
Our support web pages.
Background: ITS Technology Group Limited understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all our customers and will only collect and use personal data in ways that are described here, and in a way, that is consistent with our obligations and your rights under the law.
Private Limited company registered in England under company number 08786229.
Registered address: Elm House Farm, Saighton Lane, Chester, CH3 6EN
VAT number: 178 6296 54
Data Protection Officer: Alison Perry.
Email address: firstname.lastname@example.org
Telephone number: 01928 291000
Postal Address: Elm House Farm, Saighton Lane, Chester, CH3 6EN
Our industry is regulated by Ofcom and we are a Communications Provider registered with them.
We are a member of the Independent Networks Cooperative Association- INCA- who have a code of conduct that all its members agree to adhere to.
2. What Does This Notice Cover?
This Privacy Information explains how we use your personal data: How it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3. What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.
4. What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to data portability: This means that if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means. You can ask us for a copy of that personal data to re-use with another service or business in many cases.
h) Rights relating to automated decision-making and profiling: We do not use your personal data in this way
i) For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
5. What Personal Data Do We Collect?
We may collect some or all of the following personal data (this may vary according to your relationship with us):
Information about your preferences and interests
6. How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data will be used for or may be used for one of the following purposes:
Providing and managing your account.
Supplying our services to you. Your personal details are required in order for us to enter into a contract with you.
Personalising and tailoring our services for you.
Communicating with you. This may include responding to emails or calls from you.
Supplying you with information by email and/or post that you have opted-in to (you may unsubscribe or opt-out at any time by emailing email@example.com).
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and /or text message and/or post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods;
For a maximum of one year after we have collected it if we have not entered into a contract with you for the provision of services
For a maximum of one year after the expiry of a contract with you for the provision of services, except for the following
In the case of financial information, six years after the expiry of a contract with you for the provision of services, in order to comply with HMRC regulations.
8. How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data in the UK or elsewhere in the EU. This means that it will be fully protected under the GDPR.
We store all data in specific company applications unique to us
All application access is via secure password or biometric control
ITS password discipline and policy adhere to the very high standards of IT security
In line with our Data Retention Policy, your data is deleted once
a) we no longer have a relevant use for it
b) it has passed the relevant expiry date
9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to one important exception.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
We may sometimes contract with the following third party to supply services to you on our behalf:
GoCardless: Based in London we use GoCardless to process payments taken from customers by direct debit. GoCardless are provided with your email address and they then contact you directly to enter personal data such as account numbers etc. We do not hold any of this data.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
10. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within 14 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
11. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of The Data Protection Officer:
Email address: firstname.lastname@example.org
Telephone number: 01928 291000
ITS Technology Group, Elm House Farm, Saighton, Chester, Cheshire, CH3 6EN
12. Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available on our website at www.itstechnologygroup.com/privacynotice