YouFibre Residential Terms and Conditions: 5th August 2024 and onwards

Residential Broadband Terms and Conditions

We are YouFibre Limited, trading under the name “YouFibre” whose company registration number is 12359292 and whose registered office is at Unit H The Courtyard, Tewkesbury Business Park, Tewkesbury, United Kingdom, GL20 8GD.

These are the terms (“Terms”) on which we supply our business broadband service to you. Please read them carefully. These Terms tell you who we are, how we will provide our business broadband service to you, how you and we may change or end our Contract, what to do if there is a problem and other important information.

1. Our Contract

1.1 Ordering. You accept that by submitting an Order you have placed an Order with us for Services in accordance with these Terms.

1.2 Order Confirmation. 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. Your Order Confirmation contains all the details of the Service you have Ordered which we agree to supply to you, according to these Terms.

1.3 Documents making up our Contract. You acknowledge that our Contract comprises the following documents:

• These Terms
• Our Order Confirmation
• Your Order
• Our Price Book
• Our Acceptable Use Policy
• Our Complaints Code of Practice
• Our Privacy and Cookie Policy

Together, these documents form our “Contract”. If any of these documents contradict each other, a document higher up on this list takes priority.

2. Term of our Contract

2.2 Term of Contract. Your Service will be for the Fixed Term period described on your Order which we have confirmed in our Order Confirmation. You must pay for the Service for the duration of any Fixed Term unless either you or we end our Contract earlier. A Fixed Term Package will become a Monthly Rolling Package at the end of the relevant Fixed Term unless you purchase a new Fixed Term Package.

2.3 Cancelling your Monthly Rolling Package. A Monthly Rolling Package has no Fixed Term commitment and no Early Termination Charges, but does require you to give at least 30 days’ notice that you want to end it.

2.4 Cancelling your Service during a Fixed Term. You can cancel your service at any time during the Fixed Term if you choose to do so. Early Termination Charges will apply to any termination within the Fixed Term. If you wish to cancel your Service during the Fixed Term you will need to give us 30 days’ notice.

2.5 Cooling-off Period. You may cancel the Service and this Contract without paying any Early Termination Charges within a 14 day “Cooling-off Period” which starts the day after the day on which you receive your order confirmation. The Cooling-off Period doesn’t apply to additional Services you may Order from us or to any changes you ask us to make to your Services. If you cancel this Contract before the Cooling-off Period has ended, you will have to pay us for any telephone charges and Router and Wifi Equipment costs which are not free under the package you Ordered. If you cancel this Contract within the Cooling-off Period, you must send back to us any Router and Wifi 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 and Wifi Equipment to the amount we need to charge you following any cancellation during the Cooling-off Period.

3. Installation

3.1 Standard Installation Charge. If you don’t already have a working YouFibre connection 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, you will be able to select an installation date. We will confirm this installation date and time with you via email. A Standard Installation Charge may apply if you don’t have a working YouFibre connection in your Home when you place your Order.

3.2 Non-standard Installation. If you don’t already have a working YouFibre connection in your Home when you place your Order and additional work is required by YouFibre to complete your installation, YouFibre will need to complete a survey of your Home and provide you with a quote for Non-standard Installation Charges (if any) before completing your Order. If you wish for us to complete your Order by proceeding with the non-standard installation, the quoted Non-Standard Installation Charges will apply and your Order will be updated. The basis on which we determine what is a standard installation and a non-standard installation is described in our Price Book. We will confirm an installation date and time with you via email. 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. If you do not wish to proceed with an Order having been quoted for the Non-Standard Installation Charges, you will not be charged any fees for the survey.

3.3 Activation Charge. If you already have a working YouFibre socket in your Home when you place your Order, an YouFibre engineer will not need to install one. However, to connect to our network we will have to undertake work to activate your Service. When you place your Order, you will be able to select an activation date. We will confirm this activation date and time with you via email. A standard Activation Charge may apply.

3.5 Contact details. Our installation team will contact you to let you know when they will arrive at your Home, or when they are able 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.

3.6 Risk assessment. We will do our best to achieve your installation at the arranged time. Before any installation, we need to carry out a risk assessment. If we discover that it’s not possible to carry out the installation for safety reasons, because there’s no one over the age of 18 at the property, or due to the complexity, lack of materials or otherwise, we’ll let you know and make alternative arrangements.

3.7 If the installation cannot be carried out as arranged. If we have been unable to contact you, re-arrange access to your Home, or complete your installation, we may end the installation and/or this Contract. If we cancel the installation or this Contract because of things you have done or not done which prevent us fulfilling it, we may charge you for the reasonable costs we have incurred.

3.3 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.

4. Access to your Home

4.1 Access. You confirm that you are the current occupier of the Home and are either the freeholder or a tenant under a lease with legally binding permission from the freeholder for us to install the Equipment and provide the Service there. Unless you tell us in writing that you do not have such authority, you hereby agree to give us access to your Home together with all necessary permissions to carry out work at your Home and connect, maintain, change, replace, inspect or remove Equipment and to supply the Service. 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. If we need to reschedule a visit to your Home because you’re unable to provide us with such access or permissions, we will reschedule the visit and you may be charged a fee for rescheduling your appointment. We will notify of you of such fee and seek your agreement to pay the same, prior to carrying out the rescheduled installation.

4.2 Your co-operation. You agree to 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 agree to repair any damage that we cause at your Home subject to other terms of this Contract. Any such repairs will not include any redecoration work that is necessary after we have fitted our Broadband Network Equipment.

4.3 Space and Power. You must provide (at your own expense) appropriate space, power, ducting and environment at your Home for us to install and maintain the Equipment and provide the Services. If you need the Service to continue uninterrupted following a power failure, you must provide back-up power which meets relevant British standards. We will not be liable for faults arising in the Service or Equipment because of a power failure.

4.3 Wayleaves. We are unable to install our Equipment and provide our Service until we have all the necessary consents and permissions we need to do so. If we have to cross your land or install, maintain and operate our Equipment at your Home, you hereby provide us with your consent to do so (and you agree to do your best to 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 and remove our Equipment over someone’s land) suitable to us if such additional agreement is required. If you can’t provide us with the consents, permissions (including wayleaves) we require under this clause or clause 4.1 above, we may end your Contract with us.

5. Our Equipment

5.1 Our Equipment. If our Broadband Network Equipment is already installed at your Home prior to you placing an Order, we will provide you with the necessary Routers and Wi-Fi Equipment to use the Service together with setup instructions and details of how we will activate your Service. Any Equipment installed at your Home remains our or our affiliates’ property and must be kept at your Home.

5.2 Routers and Wi-Fi Equipment. The number of Routers and Wi-Fi Equipment we will provide to you will depend on the Service you have ordered from us as described in our Price Book. Where any of our Services include the provision of multiple Routers as part of our standard service package, our engineers will determine what Router and Wifi Equipment you require during your installation appointment and the cost of any such Routers will be included in your standard Charge. Any additional Routers and Wi-Fi Equipment you require will be charged at the rates described in our Price Book. We will retain legal ownership of all Equipment provided by us.

5.3 Repair of faulty Equipment. If any Equipment we provide to you is faulty, we will repair or replace it free of charge unless the fault was caused because of something which happened while the Equipment was in your care. You will need to return any faulty Equipment to us at the following address: Returns: YouFibre Limited, 22 Potrack Road, Grange Road, Stockton-on-Tees, TS18 2PH.

5.4 Your responsibility for our Equipment. You will take good care of any Equipment at your Home and must not sell or transfer it to anyone else or remove it from your Home. You must promptly provide us with any information which we ask for about the location of the Equipment. You will not 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 the cost of having it repaired or replaced.

5.5 Your responsibility for your own equipment. If you wish to use your own equipment with our Services, you are responsible for ensuring that that equipment is of an appropriate specification and set correctly to use with our Service. We will not be liable for any loss or damage arising from any use of your equipment in connection with the Service. You are entirely responsible for the security of your equipment, your information technology systems and network and the accuracy, reliability and stability of stored information.

5.6 Router specification and corrective firmware We reserve the right to push corrective firmware to any Router and Wifi Equipment we have supplied to you as part of your Service where this is needed to help us manage your Service or for any technical or security reasons. You must allow us to update or replace the software and/or firmware to any Router and Wifi Equipment we have supplied in this way. These updates will happen automatically and at no extra cost to you.

6. Broadband Speeds

6.1 Advertised speeds. We guarantee to comply with the minimum guaranteed upload and download speeds in the table below, 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.

6.2 Network average speed. The network average speed is the download speed (throughput) that at least 50% of our customers can expect to obtain during ‘peak times’ (12 noon- 2pm). The actual speed and performance of your Service will depend on various things, some of which are outside of our control. Using Wi-Fi enabled devices makes it easier to access our Services across your devices but will mean a slower Service speed than if you were using an Ethernet cable due to limitations of Wi-Fi technology.

6.3 Your right to end our Contract. If the download speeds to your Router and Wi-Fi Equipment consistently fall below the minimum download speeds we have said we would deliver and we are unable to fix the problem within 30 days, you will be entitled to end your Contract without paying an Early Termination Charges. 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.

6.4 Device Compatibility. Your need to ensure that your 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.

6.5 Service Interruption. Service interruptions do sometimes occur. Where we need to interrupt your service for planned works, we will endeavour to inform you in good time. We will also do our best to avoid peak periods and work at speed to restore your service. In emergencies (where, for example, there has been damage caused to our underground or overhead fibres), we will seek to restore service as quickly as we can and keep you informed of our progress as we work hard to repair the cause of the fault.

7. Charges and Invoicing

7.1 Price Book. Our charges are as set out in our Price Book. We collect all charges other than out of package call charges monthly in advance. Call charges will be collected monthly in arrears (after you have incurred them). Our charges are exclusive of VAT which will be shown on our bills.

7.2 Fixed Term Packages. Where you have purchased a Fixed Term Package, you agree to accept and pay for the Service for the Fixed Term, a period which begins on the date we activate your Service. If you change your Contract during the Fixed Term, your price may change and a new Fixed Term will apply. Once we have issued an Order Confirmation and the Service is installed, our monthly charges will start to apply. The 14-day cooling-off period will not apply to any changes or upgrades to an existing package.

7.3 Price changes. If our prices are to change in circumstances other than as set out in clause 7.4 below, 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 within such one-month time period.

7.4 Annual Price Increases. Where the Fixed Term of your contract has expired, the charges payable for your Monthly Rolling Package may increase each year in accordance with the Consumer Price Index (CPI). Our charges will not decrease if there is a reduction in CPI. By way of an example, if your standard charge for your Monthly Rolling Package was £20 per month and CPI had increased by 5% over the prior calendar year, your standard charge for your Monthly Rolling Package from 1 March onwards will increase by £1 to £21 per month. We will give you at least one month’s notice of such change while our adjusted charges will also be shown in our Price Book with effect from the date of the change. If you do not agree to accept our CPI related price changes you will always remain able to terminate your Monthly Rolling Package in accordance with clause 2.3 on one month’s notice.

7.5 Electronic invoices. You will receive invoices online or by email.

7.6 Payments. 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 either the Standard Installation Charge, the Activation Charge or the Non-Standard Installation Charge described in our Price Book.

7.7 Third party charges. We are not responsible or liable for any charges from other organisations (such as telephone or content providers) which you may incur while using our Service.

7.8 If you do not pay. If you do not pay us for our Service when you are supposed to, we may suspend or restrict supply of the Service until you have paid us or terminate our Contract in accordance with clause 13.1. We will not suspend the Service where you dispute the unpaid invoice provided that you pay any non-disputed part of the invoice by its due date.

7.9 Additional charges for paying late. If you are late in paying, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. Interest will accrue daily from the due date until the date of actual payment of the 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.

7.10 What to do if you think we have made a mistake in our charges. If you think an invoice we have issued is wrong, please 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.

7.11 Credit checks. You agree to us or third parties acting on our behalf carrying out credit checks on you using the information that you provide during the ordering process.

7.12 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 may charge you for excess usage.

7.13 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.

8.2 Treating our people with dignity and respect. We understand that customers can occasionally get frustrated if they experience problems with the services we provide. However, you must always treat our people with dignity and respect. You must not treat our staff in a way that is abusive, threatening or otherwise disrespectful.

8.3 IP addresses. Unless you arrange with us to have a static internet protocol (IP) address as part of the Service, the internet address allocated to you belongs to us and may be varied by us 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. You may not sell or agree to transfer the IP address to any third party. If you want a static IP address, and there is one available, you will have to pay an additional charge for it.

8.4 Recording calls. We may record calls to and from our customer service centre (including marketing calls) to help us with training and to prevent identity fraud. Any information we collect from you will be in accordance with our Privacy and Cookie Policy.

8.5 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.

8.6 Restrictions on Use. You must not allow any third party to use the Services on a permanent or regular basis. In particular you must not re-sell the use of the Services to any third party.

8.7 Service Levels. When providing the Service, we will use the reasonable skill and care expected of a competent electronic communications service provider. However, it is practically impossible to provide the Service entirely free of faults, and we do not guarantee to do so.

8.8 Intellectual Property Rights. All intellectual property rights in software (in whatever form) and/or materials we provide you with in connection with the Service or our Equipment will remain our property, or the property of the person who has granted us a licence for that software or materials (our licensor). We will grant you a non-exclusive licence to use the software and materials for the purpose of using the Service or Equipment and for no other purpose. You cannot transfer the licence.

8.9 Your use of Software and Materials. You must treat the software and materials described in clause 8.8 as confidential information and when our Contract ends, for whatever reason, you must immediately return all copies of the materials and software to us and delete any copies from any computer or other device or cloud storage service. You must not reproduce the software, except for archiving or back-up purposes and will not adapt, modify, translate, reverse engineer, decompile, alter or otherwise tamper or interfere with the software (except where the law allows this) or create work derived from or based on any of the software or any document accompanying it.

8.10 Maintenance. We are responsible for repairing and maintaining our communications network, the Equipment and the Service. When you report a fault, we will use our reasonable efforts to restore the Service. We can charge, and you must pay, a service fee (at our current charging rates at that time) if any repair or maintenance work is needed because of you misusing, neglecting or damaging the Equipment or the Service, a power failure, you accidentally or intentionally disconnecting the Equipment, you failing to keep to any part of our Contract, or a fault in, or other problem associated with, your own equipment or any apparatus or system not run or provided by us.

9. Suspending the Service

9.1 Maintenance Work. We may need to interrupt or suspend the Service for a range of reasons including to carry out work to maintain, repair or upgrade our network or Services, in an emergency to protect a service to a hospital or other essential services, to prevent injury to people or damage to property, to comply with the law or to deal with security threats. 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. If any such suspension lasts for more than 3 days, we’ll adjust the price so that you don’t pay for Services during any suspension period. Any adjustment will appear as a credit on your next invoice.

9.2 Suspension due to your actions. We may suspend the Service if you do not pay us (see clause 7.8), if you do not comply with our Acceptable Use Policy (see clause 8.1), if you break our Contract, or if you break any laws which apply to the use of our network. If we suspend or end our Service, we’ll tell you what you need to do to have it restored. You will continue to be liable for and must continue to pay our charges during the period of the suspension. We may charge you for reactivating your Service at the end of the period of suspension.

10. Our liability to each other

10.1 We are not liable for losses caused by matters beyond our reasonable control. Sometimes we may not be able to do what we’ve agreed because of things beyond our reasonable control. We are not liable or responsible for any obligations under this Contract which occur due to things or matters beyond our reasonable control. Events beyond our reasonable control include extreme weather conditions, power failures, natural disaster, fire, subsidence, epidemic, pandemic, strike or labour disturbance, the actions (or failure to act) of local, regional or central government, highways authorities or other official authorities, legal or regulatory restrictions, terrorism, war or civil disturbance, and a third party’s delay in supplying, or failure to supply, any service, or Equipment (where their actions or failures resulted from circumstances beyond their reasonable control). There may be other reasons too. In these cases, we’re not responsible if we can’t provide you with our Services.

10.2 We are not liable for losses which are not foreseeable. We are not liable to you for any loss or damage you suffer which is caused by matters which are not foreseeable. Losses and damages are foreseeable if either it is obvious that they will happen or if, at the time the Contract was made, both you and we knew it might happen.

10.3 We are not responsible for 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.

10.4 We are not responsible for information passing over our network. We have no control over the data (including content) which passes to you or from you over the internet and/or our Service, and we are not responsible for any loss, damage or corruption of that data or content or the consequences of any such loss.

10.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for any fraud or fraudulent misrepresentation.

10.6 We are not liable for certain losses. We have no liability to you for any loss of business, loss of profit (whether direct or indirect), loss of income, for any business interruption, loss of opportunity, loss of or corruption of data, loss of goodwill or for any indirect and consequential loss arising from our Contract.

10.7 Maximum liability for loss or damage to property. Subject to clauses 10.1 – 10.6, our maximum liability to you for loss of or damage to your physical property arising from our negligence or breach of this Contract shall not exceed £50,000.

10.8 Maximum liability for other losses. Subject to clauses 10.1 – 10.7, our maximum liability to you 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.

10.9 Indemnity. You agree to indemnify and compensate us for any costs, claims, damages, and other liabilities we may incur from third parties as a result of something you do (or don’t do) in relation to our Contract, including your failure to comply with this Contract.

10.10 Mitigation. You must always try your best to reduce any losses, damage or costs you may incur.

11. Changes to our contract

11.1 Minor changes to the Service. From time to time, we may change our Services to reflect, for example, a change to a law or regulation or responsibility that applies to us, to introduce new features or to change the way we provide our Service, to introduce new Equipment or to change Equipment, to implement technical adjustments, features and improvements or to deal with an unforeseen event.

11.2 More significant changes to the Service and our Contract. We may also make other more significant changes to our Services, Equipment or to our Contract from time to time. If we do make significant changes to our Services, Equipment or if we need to make changes to our Contract, we will notify you and you may then contact us to end this Contract in accordance with clause 12.2 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 at any time by giving 30 days’ by telephoning our customer care team at 0330 822 2222, by emailing us at hello@youfibre.com, by writing to us at Unit H The Courtyard, Tewkesbury Business Park, Tewkesbury, UK, GL20 8GD, or via the Support”, “Help” and “Contact Us” pages of our Website. If you terminate this Contract during a Fixed Term, other than where such termination is due to a breach by us or as permitted in accordance with Clause 12.2 below, you will be obliged to pay us the Early Termination Charges in accordance with clause 12.3.

12.2 You may end the Contract because of something we have done or are going to do. You may end our Contract without liability to us where we have advised you of an upcoming significant change to your Service or these Terms which materially disadvantages you and you have given us notice to end the Contract within one month of us telling you about the change. You may end our Contract without liability to us where we are in material breach of this Contract and where we fail to fix the breach within 30 days of our receipt of written notice from you telling us that we are in material breach of our Contract.

12.3 Early Termination Charges. If you decide to stop receiving a Service under a Fixed Term Package (other than because you have a right to do that without paying an Early Termination Charge) within the Fixed Term, you will have to pay an Early Termination Charge. This is not a penalty charge. It covers the Service costs that we incur for the remaining part of the Fixed Term that you agreed to when you purchased the Service. Early Termination Charges only apply where you cancel your package within your Fixed Term. A summary of the monthly Early Termination Charges together with details of how these are calculated are provided in the Price Book.

13. Our rights to end our Contract

13.1 When we may end the Contract. We may end our Contract at any time by notice to you in writing and without liability to you if (i) 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 (ii) you fail a credit check, or the bank, debit or credit card details you gave us are invalid and/or incorrect (iii) where 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 after a second visit) (iv) where any licence, permission or other approval you or we need to connect to our communications network provide the Service has ended, been withdrawn, been restricted or has stopped being valid, and has not been immediately replaced by a new licence, permission or approval giving you or us the necessary rights (v) the details you gave us to enable us to provide the Service were significantly wrong or incomplete (vi) where you are in breach of our Acceptable Use Policy (vii) you have failed to meet a material obligation (a significant requirement) of our Contract and the matter cannot be put right, or (viii) you are in breach of this Contract (other than a breach covered by clause 13.1(i) 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.

14. Return of Router and Wi-Fi Equipment

14.1 Returning Equipment. When this Contract ends for any reason, or you cancel your Order, you must return to us all Router and Wi-Fi Equipment we supplied to you to provide the Service within 14 days of the end of your Contract or cancellation. Router and Wi-Fi Equipment shall be returned to us at the following address: YouFibre Limited, 22 Potrack Road, Grange Road, Stockton-on-Tees, TS18 2PH. We will pay for the cost of the return of the Router and Wi-Fi Equipment by providing you with pre-paid postal package.

14.2 Condition of Router Equipment. You are responsible for ensuring that any Router and Wi-Fi Equipment is returned to us in good working order and undamaged. We will test any returned Router and Wi-Fi 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.

14.3 Costs if you don’t return Router and Wi-Fi Equipment. If you don’t return all Router and WiFi Equipment within 14 days of the end of your Contract or cancellation, or if any returned Router and Wi-Fi Equipment is damaged other than through normal wear and tear, we will charge you for the full replacement value of such Router and Wi-Fi Equipment and may recover those charges using your usual method of payment.

14.4 Broadband Network Equipment. Any Broadband Network Equipment installed will remain on your property and is not to be returned to us under clause 14.1.

15. Moving

15.1 Moving to a site inside our Broadband Network Service Area. If you move to an address within the Broadband Network Service Area during a Fixed Term and we are able to provide the Service to you at your new address, providing you agree to a new Fixed Term 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 Fixed Term, Early Termination Charges may apply up to the amount of the remaining charges for the Fixed Term.

15.2 Moving to a site outside our Broadband Network Service Area. If you are moving to an address that is not within a YouFibre broadband network service area during a Fixed Term 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.

16 Confidentiality.

16.1 Confidentiality. When you or we exchange confidential information (information which you or we mark as confidential or which is clearly confidential) relating to the other, the receiver of that confidential information (the receiver) will keep such confidential information private and confidential. We may give your confidential information, to the extent necessary and in strict confidence, to our employees, agents, affiliates and subcontractors who are involved in providing or using the Service, as the case may be. The receiver will not release any of the provider’s confidential information to any other person without the provider’s permission in writing. The confidentiality obligations in this clause will not apply if any court, government or regulator requires the receiver to reveal the confidential information (but only to the extent required by law). The confidentiality obligations in this clause do not extend to confidential information which (i) becomes available to the public in a way other than through the receiver’s negligence or failure to meet an obligation under this Contract (ii) the receiver already knew before the provider gave it to them; or (iii) which was given by a third party who did not receive it in confidence. This clause will remain in force after our Contract or any part of it ends.

17. Privacy and Data Protection

17.1 How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy and Cookie Policy which are available for you to read on our Website.

17.2 Our Privacy and Cookie Policy. Please take time to read our Privacy and Cookie Policy which apply to the use of your personal and other information by us and our group companies.

18. Telephone Services

18.1 We may not offer all features of a traditional phone line. You understand that our telephone service may not offer all the features you may 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.

18.2 Phone numbers. Any phone numbers we allocate to you do not belong to you. You do not have any rights in the phone numbers. You must not try to register any of our phone numbers as a trademark, service mark or web address, whether on its own or with some other words or trading style. You are not entitled to sell or transfer any phone number allocated to you, except where allowed by law.

18.3 Our right to withdraw number. If necessary for commercial, operational or technical reasons, or in order to meet the requirements of any relevant authority, we can change or withdraw any phone number or code, or group of phone numbers or codes, allocated to you. We will not be liable for any costs, inconvenience or losses you suffer as a result of any such change or withdrawal. We will use our reasonable efforts to give you reasonable notice of the change or withdrawal.

18.4 Ofcom classifications. If we allocate you a number which falls within a range of numbers which Ofcom (or any other relevant authority) classifies as being for a particular type of service, you must make sure that any service you provide on that number is in line with its classification. In particular but without limitation, you must ensure at all times that your use of any number allocated to you is in accordance with Ofcom’s “National Telephone Numbering Plan” and the “Non provider Numbering Condition” (in each case as updated or varied from time to time). We may suspend or terminate any number allocated to you if you are utilising such number in breach of this clause.

18.5 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 premises and or the internet service line providing your premises 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.

18.6 Registration of your address. Where we provide you with phone lines and numbers, each number is associated with a particular site. Such phone numbers have a ‘calling line identity’ (“CLI”) identifying that site. The CLI is given to the emergency services so they can find the location of anyone who calls 999 or 112 emergency services from the line. If you move the phone number to another site, the CLI the emergency services get when anyone calls 999 or 112 from that number will be that of the original site and so the emergency services will not know the caller’s correct location and may go to the wrong location. If you move the phone number, you must provide a phone facility with a CLI for the site the number has been moved to. We will not be responsible for any loss, damage or injury caused as a result of the phone number being moved from the original site.

18.7 Phone 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 or want to leave. Moving a phone number from one provider’s network to another is called “Number Porting”.

18.8 Cost of phone 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.

18.9 Phone number 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.

18.10 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.

18.11 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 https://youfibre.com/legal/complaints-code-of-practice.

18.12 Call Limits. Our Acceptable Use 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.

19. Other important terms

19.1 We may transfer this contract to someone else. We may transfer our rights and obligations under this Contract (including any sums owed to us by you or which may become due to us) to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not disadvantage you or result in a reduction of 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.

19.3 Promotions. Unless you have ticked the relevant box on the Order, or you have told us otherwise in writing, you agree to be involved in any press release, promotional material or case studies relating to our Contract which we reasonably request.

19.5 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.

19.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will continue in full force and effect.

19.7 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not enforce these Terms against you straight away, or if we delay in taking steps against you in respect of your breaking this Contract, it will not prevent us taking steps against you at a later date.

19.8 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.

19.9 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 or any warranty or other terms which are implied by law.

19.10 Termination won’t affect prior rights. Termination of this Contract shall not affect any rights, remedies, obligations or liabilities 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.

19.11 Disputes. If there is a dispute between you and us in connection with our Contract, and you and we cannot settle the dispute between ourselves within 30 days of giving the other notice of the dispute, you or we may refer the dispute for arbitration, or to the courts of England. While the procedure set out in this clause is being followed, and during any legal proceedings which may be ongoing or pending, you and we will both continue to meet our obligations under this Contract, but nothing in this clause prevents you or us from ending this Contract in line with these terms and conditions.

19.12 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 courts unless either party refers the matter to arbitration in accordance with Clause 19.10.

19.13 Complaints. We are fully committed to dealing with all complaints, fully and fairly, and within a reasonable time. Our Complaints Code of Practice explains how to make a complaint and how to escalate a complaint further, if required.

19.14 How to contact us. Details of how to contact us are maintained on the ‘Support”, “Help” and “Contact Us” pages of our Website.

19.15 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.

20. Definitions

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.

“Activation Charge” means a one-off charge levied at the commencement of Service of an amount described in the Price Book.

“Affiliate” means in respect of either you or us (as applicable), any holding company and any subsidiary company, or subsidiary of such holding company, or where such holding company is a co-controlled company any of its holding companies or its subsidiary companies (as defined in Sections 1159 of the Companies Act 2006);

“Broadband Network Equipment” means the equipment we install from the connection point outside the Home to the internal network termination point which enables connection to our network and which remains our property at all times. This may include any overhead fibre optic cables and underground fibre optic cables and ducts and the internal network termination point.

“Broadband Network Service Area” the geographical area within the United Kingdom where YouFibre’s Services are available to customers.

“Controller” has the meaning set out in the GDPR.

“Early Termination Charges” means the early termination charges described in the Price Book payable when you terminate your Contract within a Fixed Term.

“Equipment” means the Broadband Network Equipment and/or the Router and Wi-Fi Equipment.

“Fixed Term” means the duration of the Fixed Term Package which you have Ordered and which we have confirmed in our Order Confirmation.

“Fixed Term Package” means a Service you have Ordered which we have confirmed in our Order Confirmation which is for a Fixed Term.

“Home” means the premises or property described in your Order at which the Equipment is or will be installed and at which our Services will be performed.

“Monthly Rolling Package” means a Service provided on a rolling monthly basis.

“Non-standard Installation Charge” means a one-off charge levied at the commencement of Service of an amount described in the Price Book.

“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 business customers which can be found on our Website.

“Router and Wi-Fi 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, Youmesh booster, Youphone telephone equipment 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.

“Service Credits” means any amount, as set out in our Service Level Agreement, we will credit against the charges if we fail to meet the levels of service set out in the Service Level Agreement.

“Service Level Agreement” means our service level agreement set out in the Schedule 1 to these Terms.

“Standard Installation Charge” means a one-off charge levied at the commencement of the Service of an amount described in the Price Book.

“we”, “us” or “our” are references to YouFibre Limited trading under the name of ‘YouFibre’.

“Website” means the YouFibre website.

“Working Day(s)” means any weekdays excluding Saturdays, Sundays and public holidays in the United Kingdom.

“You” and “your” are references to you, the customer of YouFibre.

Last updated 18 July 2024.