These Terms and Conditions ("Terms and Conditions") set out the agreement between you ("You", "Your") and Fibrely Limited (Company Number 08027502) whose registered address is Charlotte House, 500 Charlotte Road, Sheffield, South Yorkshire, England, S2 4ER; and any other subsidiary of JLO Group Ltd (Company Number 13739777) whose registered address is Charlotte House, 500 Charlotte Road, Sheffield, South Yorkshire, England, S2 4ER ("We", "Our").
All Our customers who use services We provide are subject to these Standard Terms. Depending on which services We provide to You, additional service terms may apply ("Service Terms"). It is important that You read these terms in full. Any reference in these Terms and Conditions to the “Standard Terms” shall be considered to include these Terms and Conditions and the relevant additional Service Terms.
Other terms that form part of Your agreement with us:
Your Order Confirmation
Our Acceptable Usage Policy
Our Privacy Policy
Our Pricing Guide
Should You change your mind about taking a service from Us, you have 14 days from the day after we accept your order, or the day after we have delivered your TV set-top box.
2.1 Your agreement will last for a Minimum Period which will be laid out in your Order Confirmation. Your Minimum Period is typically between 12 and 24 months however other durations are available during promotional periods.
3.1 You must pay your bill on time by Direct Debit. If you are unable to do so, for whatever reason, please contact us to discuss an alternative agreement.
4.1 You can view all our charges at fibrely.co.uk.
4.2 A price increase will be applied annually in April to all Your charges unless We have agreed otherwise with You. We will notify You in advance of any price increase. The price increase will be equal to a percentage of:
(a) an amount equal to the Consumer Price Index rate published by the Office of National Statistics in January of that year (excluding negative rates); and
(b) an additional 3.9%
4.3 At the end of Your Minimum Period, Your prices will automatically switch to Our monthly rolling tariff unless otherwise agreed with us.
5.1 You can cancel Your agreement with us any time by:
(a) Providing 14 days’ notice if You are switching any of Your services to another provider through the approved migration process (Your new supplier will be able to advise You of this); or
(b) Providing 30 days’ notice if You are cancelling for any other reason unless You are cancelling during the Cooling Off Period.
5.2 If You are still within Your Minimum Period, charges may apply for cancelling your contract early. To see how these are calculated, please see our pricing guide.
6.1 If You are moving home and wish to continue using Our services, You must tell us at least 14 days in advance so We can cancel Your old service. You will be required to sign up to a new Minimum Period contract and there may be an additional administration charge.
7.1 We've tried to make these Standard Terms easy to get, but we know you might still have questions. If you're having trouble finding what you need, check out our Help and Support page at www.fibrely.co.uk/help.
7.2 When you sign up as a customer, you're bound by these Terms for the entire time you're using our service. Some rules still apply even after you've stopped using the service, and we've spelled those out clearly in these Terms and Conditions.
8.1 Your Agreement with Us starts from the moment you place your first Order with Us. The date of which will be provided in your Order Confirmation.
8.2 Each contract you take from Us will last for a Minimum Period commencing from the date your contract is activated with Us. This is usually the date of installation or the date you recontract with us. This Minimum Period will be confirmed within your Order Confirmation.
8.3 If you leave prior to the Minimum Period being up, you may be charged Early Termination Fees.
9.1 The services We provide to You shall be the services as set out in Your Order Confirmation.
9.2 To order services from us:
(a) You must be at least of 18 years old;
(b) You must be the home owner or have the permission of the home owner;
(c) You must pass a Credit Check; and
(d) You may be required to pay a set up fee.
9.3 In some instances, we may be unable to provide you a service if:
(a) You are not connected to Our network;
(b) the available service at Your location does not meet Our minimum performance standards (30mbps Download and 5mbps Upload); or
(c) it is too difficult to provide You with the services; or
(d) if providing services to You requires Excessive Construction Charges.
9.4 Depending on the results of the Credit Check, we might need to propose a customized price for our services to you. In certain situations, this could involve a higher upfront payment, and we'll provide a clear explanation. Please note that any previously seen pricing would not be applicable in this case.
9.5 During a move from one provider to another, there may be a period of temporary loss as Your services establish with us.
9.6 After placing your order, we'll provide specific details about your service in the Order Confirmation. This communication will include crucial information like:
(a) Your chosen services and how much these will cost You per month;
(b) the Minimum Period for which We will supply the services to You; and
(c) Any upfront charges You have paid.
10.1 You are accountable for how you use your services and equipment. It's essential to always adhere to the Fibrely Acceptable Use Policy.
10.2 For the provision, operation, and maintenance of your services, you agree that we or our partners (like Openreach and CityFibre) may enter your property to install and maintain the required equipment for the services throughout your premises.
10.3 If you're not the property owner (for instance, if you're renting), you must obtain written consent from the relevant individuals (like your landlord) before any installation takes place.
10.4 While any work is being carried out, it will be necessary for you or a person aged 18 or over, with your permission, to be present at the property for any engineer visit.
10.5 Cabling may be run over or under your premises, a determination made during a site survey and not subject to optional choice. This cabling will not be removed upon terminating your service. If the grounds are shared, you'll need to obtain consent from your neighbors to proceed.
10.6 All equipment provided by us or our partners remains their or our property unless otherwise agreed. This encompasses all cabling, Network Terminating Equipment, and hubs. It should not be tampered with or removed, and you are responsible for the care of any equipment we provide. Maintenance of all equipment within the boundaries of your premises is your responsibility. You may be billed for any damage beyond reasonable wear and tear, including overhead or underground cabling.
10.7 If You do not provide or cannot procure the access or consent necessary for us to supply the services, We may be unable to provide You with Our services and additional charges may apply for the engineer visit.
10.8 Our services are provided to You on the basis that they are for personal use only in the UK but occasional use for business purposes is permitted provided it is in accordance with Our Acceptable Use Policy.
10.9 We'll give you advance notice of the date of any engineer visits needed for installing your service or fixing a fault.
(a) You must let us into Your home if necessary.
(b) You can change or cancel this appointment up to two working days beforehand.
(c) The engineer will not be responsible for connecting any equipment within the premises.
(d) If the engineer can't carry out their work or discovers an issue related to your equipment, we may:
(i) Pass on a reasonable charge for the engineer’s appointment and equipment used; and/or
(ii) Withdraw your right to access service compensation.
(iii) Situations where this may apply include: an absence of an adult aged 18 or older at the scheduled time in the premises; refusal of access to the premises by the engineer; or the equipment fault arising from internal wiring at the premises.
11.1 Your monthly and upfront pricing will be supplied on your Order Confirmation. These prices will not change throughout your Minimum Term unless:
(a) You agree to add or amend to your contracted products; or
(b) In the circumstances laid out in Clause 5.2; or
(c) If you enact a billable event as laid out in Clause 5.5.
11.2 A price increase may be applied annually in April to all Your charges unless We have agreed otherwise with You. We will notify You in advance of any price increase. The price increase will be equal to a percentage of:
(a) an amount equal to the Consumer Price Index rate published by the Office of National Statistics in January of that year (excluding negative rates); and
(b) an additional 3.9%
11.3 As an example:
(a) The price of Your services is £10 per month and the Consumer Price Index rate is 1% for that year. The price increase for Your services will be 4.9% (1% + 3.9%) and the price for Your services will rise to £10.49 per month.
11.4 The price increase as detailed in clause 5.2 shall be rounded to the nearest whole pence and if the Consumer Price Index rate is zero or negative (less than zero), the price index rise shall only be 3.9%.
11.5 One Off and Recurring event-based prices may be charged. The price list for these charges can be found at fibrely.co.uk in our Pricing Guide.
12.1 You are responsible for paying all charges that You, or any person using Your services incur.
12.2 All charges issued include Value Added Tax (VAT), unless clearly stated otherwise.
12.3 Once your contract is live, you'll receive a monthly bill comprising subscription charges for your upcoming month's services, along with any applicable usage charges for events, billed in arrears.
12.4 Bills will be delivered in electronic form. It's your responsibility to verify that the email address registered on your account is accurate and actively monitored.
12.5 You must hold and pay through an active Direct Debit unless We have agreed an alternative payment method in writing with You. Where an alternative payment method is agreed, We may charge You a reasonable fee to cover Our costs as further detailed in Our Pricing Guide.
12.6 Payments will be automatically debited on the due date indicated in your billing notification. Failure to settle your bill by the due date may result in:
(a) Imposition of a reasonable administration fee or interest, as outlined in Our Pricing Guide;
(b) Notification of your non-payment to credit reference agencies.
12.7 If you believe any charges are incorrect, you must promptly dispute them. Throughout our investigation, you must continue to pay all charges. We won't suspend or terminate a service due to any disputed charge. Failing to promptly dispute charges under this clause will not affect your statutory rights in relation to the same. Any inaccurate billing will be refunded back to the payer once the investigation has concluded.
12.8 When your services end, any outstanding sums, Early Termination Fees, and cancellation charges will become immediately due and payable. If you've pre-paid for unused services, we'll deduct any outstanding sums owed to us before issuing any refund. Detailed information about our Early Termination Fees can be found in the Pricing Guide.
12.9 If we are unable to collect your outstanding bills 30 days after the due date of your oldest bill, we may, at our discretion:
(a) terminate Your services as described in 7.1(c);
(b) add reasonable costs incurred to collect the outstanding sum. This includes any third-party debt collection costs;
(c) pass or sell any debt to a third-party collection agency;
(d) inform credit reference agencies; and/or
(e) take the relevant legal action to ensure recovery.
12.10 When your Minimum Period concludes, your prices will automatically transition to our monthly rolling tariff unless otherwise agreed upon with us. We will consistently provide advance notice of any modifications to your tariff, including instances where you are set to be automatically switched to our monthly rolling tariff at the end of your Minimum Period.
12.11 If you are experiencing financial difficulties or are unable to pay your bill for any reason, please contact us so we can agree a remedy.
13.1 We may restrict, temporarily disconnect, or terminate any of Our services if:
(a) We need to conduct local or national network maintenance;
(b) You break or are suspected of breaking any term of these Service Terms or a related agreement;
(c) You fail to pay Your bill or any invoiced charges within 7 days of a reminder;
(d) We believe Your services or any of the methods You have used to pay us have been used fraudulently;
(e) We’re required to for legal or regulatory reasons;
(f) We are unable to continue to provide You with a service; or
(g) We need to protect Our network and other users of Our services.
13.2 While under any service restriction or suspension, you must persist in meeting your obligations outlined in these Service Terms. This encompasses, but is not limited to, the ongoing payment for your services.
13.3 In cases where we impose restrictions, suspend, or terminate our services under clause 7.1, we aim to offer ample notice and strive to address issues with you. However, there may be instances, such as suspected fraud, where providing notice and issue resolution might not be feasible.
14.1 Should You wish to cancel an order prior to its installation. You can do so, free of charge as long as:
(a) Your order was placed less than 14 days ago; and
(b) Your date of installation is more than 24 hours away known as the Point of No Return.
This is referred to as your Cooling Off Period.
14.2 Unless Your Service Terms state otherwise, you can cease an active service agreement with us any time by:
(a) Providing 14 days’ notice if You are switching any of Your services to another provider through the approved migration process (Your new supplier will be able to advise You of this); or
(b) Providing 30 days’ notice if You are cancelling for any other reason unless You are cancelling during the Cooling Off Period.
14.3 When cancelling Your agreement, if You are within Your Minimum Period (excluding the Cooling Off Period), You may have to pay an Early Termination Charge.
14.4 If You cancel Your services during the Cooling Off Period, we will refund to You all payments received from You, including any delivery or upfront payments subject to all Equipment being returned.
14.5 If you plan to move home and want to retain our services, you must notify us at least 14 days in advance so that we can cancel your old service. You'll need to sign up for a new Minimum Period contract, and there might be an additional charge, details of which can be found in our Pricing Guide.
14.6 If we can't transfer your services for any reason, or if you choose not to take any of your services with you, and your services are still within their Minimum Period, you might be subject to an early termination fee.
15.1 All Equipment unless stated otherwise, is loaned to You from us for the provision of the services stated within Your Order Confirmation.
15.2 We will deliver any Equipment to You prior to any installation dates through a trusted third-party. If We or You end this agreement for any reason, unless We have informed You otherwise, You must return all Equipment to us in a reasonable condition, allowing for fair Wear and tear. If You fail to return the Equipment for any reason, We are entitled to charge You for the replacement cost or reasonable recovery costs of the Equipment.
15.3 Within the Equipment provided, You will have received software and other programs used for the delivery of Your service.
(a) You agree that You will not tamper, remove, or otherwise override the software and programs.
(b) Fibrely may, to ensure the security and performance of its equipment, perform remote upgrades. Any upgrades provided shall be of the same quality and description.
(c) We and Our suppliers retain ownership and all intellectual property rights of the software for the equipment We provide.
16.1 If you encounter any problems with your service, check out our online help and support section for various quick fixes and tips. If these solutions don't address your issue, please contact us promptly. It's crucial to provide us with the chance to resolve your problems and remember to keep paying your bills while we investigate.
16.2 To learn more about handling complaints, please refer to our complaints code of practice. This document provides detailed information on how to file a complaint, the steps to claim compensation, and, if you remain dissatisfied, how to resolve your dispute through an independent dispute resolution service. Our recommended dispute resolution service is the Ombudsman Services ADR Scheme (visit them here), and you can reach them for free at 0330 440 1614 or via email at enquiry@ombudsman-services.org.
17.1 From time to time We may change vary Our Terms and Conditions for the following reasons:
(a) to maintain Our legal or regulatory obligations; or
(b) where pertinent to Our business operations.
17.2 Prior to making any change We will usually provide You with notice (by email or letter). Our website will also provide information on any changes We have made.
17.3 Where We propose to make contractual modifications that are a material detriment to You, We will:
(a) provide You with at least 30 days notice of such change (by email or letter); and
(b) offer You the opportunity to terminate Your contract without penalty where the change is not acceptable to You.
17.4 Upon receiving notice from us of a change that is a material detriment to You as a customer under this agreement You may terminate Your agreement with us within 30 days of receiving Our notice. Any changes proposed by us will not be applicable during this period.
17.5 Please note that the following will not be considered as changes that are a material detriment to You:
(a) a change as a result of Our annual price increase in clause 6.5; or
(b) a change that is an increase in Your prices that are equal to any increase in the rate of Value Added Tax or any other directly and specifically applicable taxation charge or regulatory levy imposed by mandatory provisions laid down by Government or regulatory authorities or any other change imposed by the Government or regulatory authorities.
18.1 This contract is between You and us. No other person shall have any rights to enforce any of its terms. This agreement, Your account or any of Your rights and responsibilities under this agreement may not be transferred without Our written agreement. We may not agree to such a transfer if the person taking on the obligations of this agreement does not meet the criteria set out in 3.2.
18.2 We may transfer Our rights and obligations under these Standard Terms 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 Your agreement with us.
18.3 If a court finds any part of these Standard Terms illegal, the rest will continue in force. Each of the clauses and paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.4 Even if We delay in enforcing this agreement, 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 agreement, 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 services, We can still require You to make the payment at a later date.
18.5 This and any other agreement between You and us will be governed by the Law of England and Wales. Any dispute that cannot be resolved short of legal action will be referred to the County Court nearest to the location the service in dispute is being provided.
19.1 We will not be liable for failing to achieve what is outlined under this agreement if this is affected by matters beyond Our reasonable control. Examples of things outside of Our reasonable control are lightning, flood, severe weather, fire, or anything done by a government or other public authority. We will take reasonable steps to prevent or minimise the impact of such matters. If there is a substantial interruption of the services for an extended period of time You may contact us to end Your services and receive a refund for any amount of time where You have not received the affected services You have paid for.
20.1 We are responsible to You for foreseeable loss and damage caused by us. If We fail to comply with these Standard Terms, We are responsible for loss or damage You suffer that is a foreseeable result of such breach of these Standard Terms or Our failing to use reasonable care and skill. 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. We are not responsible for any loss or damage that is not foreseeable.
20.2 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 in relation to the services including where equipment or digital content (provide by us) is not of satisfactory quality, fit for purpose, has been described wrongly or installed incorrectly.
20.3 We are not liable for business losses. We only supply the services for residential use. If You use the services for any commercial or business purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.4 We are not liable for:
(a) losses caused by a third-party service or goods or viruses that You access through Our services;
(b) any loss of information or data (unless this is due to digital content We provide);
(c) problems or issues caused by other telecommunications providers; and
(d) losses caused by Your breach of this agreement.
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