About us. We are Zzoomm Plc (“Zzoomm”), a company incorporated in England with Company registration number 11738914. Our registered office is at c/o Gowling WLG, 4 More London Riverside, London, SE1 2AU. Our principal business address is Fountain House, John Smith Drive, Oxford OX4 2JY
About you. You are our Customer; your name and contact details are on the Order Confirmation. The address for delivery of the service is the address stated on the Order Confirmation. You are not a business and are not intending to use our service wholly or mainly for business purposes. You are over the age of 18 and will be responsible for paying the charges for our service.
1. Ordering your service
1.1 How to place an order for our service. Customers order our services through our website. We can only accept orders for areas where our service is available or is about to be available. If we are unable to accept your order, we will inform you of this.
1.2 How we will accept your order. Our acceptance of your order will take place when we email you your Order Confirmation.
1.3 What you have ordered. Your Order Confirmation contains all the details of the broadband service you have ordered which we agree to supply to you, according to these terms and conditions.
1.4 Your contract with us is subject to a Minimum Term. The length of the Minimum Term is shown on your Order Confirmation, starting from your Activation Date as described in clause 2.9. Typically the minimum period will be 12 or 24 months. You must keep and pay for the broadband service for the whole of the agreed Minimum Term, unless you or we are allowed to end this contract earlier.
1.5 Your right to cancel. You have the right to cancel your order by contacting our Customer Team within 14 days from when you receive your Order Confirmation. Your cancellation request can be provided in writing via e-mail to firstname.lastname@example.org or by post to Zzoomm plc, Fountain House, John Smith Way, Oxford OX4 2JY. Please note that if you request activation of your service within the cancellation period and we have started to provide the broadband service, you will have to pay us the cost of the broadband services you’ve received up to the point when you notify us of cancellation, including any installation fee that you had agreed to pay.
2. Installing your service
You can find more detail on the installation process in the ‘installation’ section of our website.
2.1 You can arrange an installation to suit you. When the network outside your property is live, and you have placed an order, you are able to book your installation to an available timeslot that suits you.
2.2 The Zzoomm team will have your contact details. This is so that they can contact you to let you know when they will arrive, or to deal with the unexpected. You can contact our Customer team at any time if you have a query about your installation.
2.3 Access to your property. The installation team will need access to your property. If you do not allow the installation team to access your property as arranged the installation will be cancelled. If you rent your home you need to make sure that you have your landlord’s permission before we can install Zzoomm. If we need to get access to someone else’s property to reach your property, you’ll need to have their permission too.
2.4 Wayleave. By placing an order with Zzoomm for service, you are agreeing to provide us or (i) any other Zzoomm Group Company, or (ii) any other party that is an Electronic Communications Operator (under section 106(3)(a) of the Communications Act 2003, that we may assign this right to, with a permanent wayleave over your property so that we may supply and maintain our equipment and deliver you service as determined in our rights under the Communications Act 2003. By ordering and requesting installation of our Service, you agree that the Zzoomm Network Equipment placed on your property with your permission will remain, including the internal network termination point installed in your property, irrespective of whether you or anyone who purchases, rents or leases the property takes Services from us. The Zzoomm equipment we supply to you to connect to our service remains our property, and we have the right to access and monitor our equipment for diagnostic or maintenance purposes either directly or remotely. You should ensure that any future purchaser or tenant of your property is made aware that the property is connected to our network and of the location of the Zzoomm equipment.
2.5 Custom installations These are bespoke projects which have specific requirements because of the length of the access route or internal wiring or surfaces which require special techniques to dig and re-instate (see the section on the website titled ‘installation’ for more details). Custom installations are outside the scope of our standard installation service and will require a separate on-site visit by an installation technician. If your property requires a custom installation, then we will discuss how the installation will be done and the installation charge with you before the installation can commence. If you agree to go ahead with the installation, once the network is installed then our service can be delivered to you according to your order. The agreed custom installation charge is non-refundable in the event of cancellation, termination or early termination of your service, and will be taken as part of your first monthly payment.
2.6 The technician will carry out a risk assessment before commencing work. If the technician decides that it is not possible to carry out the installation safely, we will not be able to proceed with the installation.
2.7 There must be someone over the age of 18 present. If there is no one over the age of 18 present at the property, the installation cannot proceed and will need to be rebooked when there will be someone over the age of 18 present by calling our customer team on 033 33 11 99 33.
2.8 Changes to your requirements. If you change your requirements, this may affect your eligibility for a standard installation.
2.9 If the installation cannot be completed as arranged. The technician will do their best to achieve your installation, but if it is not possible to continue with the installation because of safety issues, the complexity or the materials required, the technician will ask you to confirm your acceptance that a further appointment will be required and may be charged as a custom installation. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
2.10 Re-Installations. If you request us at a later date to move our equipment to a different location, or to add another piece of equipment, this visit will be chargeable, and is non-refundable even in the event of cancellation, termination or early termination of your service and will be taken on your next monthly invoice.
2.11 Activation Date. As soon as your service is installed, we will activate your service and our monthly charges will start to apply, as shown on the Order Confirmation. This is also when the Minimum Term starts (see clause 3.2 below).
3. Paying for your service
3.1 Setting up a direct debit. Payments must be made by direct debit from a bank account where you are the sole signatory, which you must set up prior to installation. There must be an active direct debit in place for the duration of our contract. Failure to have a direct debit in place may result in suspension and cancellation of your service.
- 3.1 (a) We invoice monthly in advance. Your first invoice will be generated the day after your installation.
3.2 How we calculate our monthly charges. The amount you pay for our broadband service depends on the products you have ordered and is shown as a monthly amount, including VAT on your Order Confirmation, payable in advance. Your first payment will include, if applicable, any charges for custom installations.
3.3 Minimum Term. You agree that you will accept and pay for our service for a Minimum Term of 12 months which is measured from the Activation Date. If you end the contract during the Minimum Term, you will have to pay an early termination charge which will be the charges you would have paid for the remainder of the minimum term less 20% which represents costs we will save, including the costs of no longer providing you with a service. To understand how to end this contract and the rights and responsibilities you have, please read clause 7.
3.4 After the Minimum Term ends. Your service will continue after the Minimum Term, on a rolling monthly basis unless you choose to end the contract, but price changes may apply – see paragraph 3.5 below.
3.5 Price changes. We may review our charges at any time. If our prices are to change, we will give you at least one month’s notice. We are able to increase the amount you pay for your service by a percentage comprised of (i) the annual percentage increase in the consumer price index (CPI) rate of inflation plus (ii) 3.9% each year. If we increase the charges other than as a result of our annual increase comprised of (i) consumer price index (CPI) rate of inflation plus (ii) 3.9% which puts you in a significantly worse position, you will be entitled to terminate our contract – see clause 7 below.
3.6 Upgrades and downgrades. You have entered into a 12 month contract. The product you take will be the minimum tier product you are billed for. For example, if you contract for an H450, you will not be able to down grade to H150. You are able to upgrade to H900 or H2000 (within the 12 month product tiers) at any time. You are free to upgrade or down grade after your minimum term.
3.7 Additional services. You are able to add additional ’power-ups’ to your service, eg fixed IP addresses, however changes will only come into effect on the date your next bill is due. We will try, when possible to activate any change as close to the date of your request as possible. Additional charges will apply for these, and if you decide to add to your service, we will tell you what your new monthly charges will be. You can remove these additional items at any time, however changes will only come into effect on the date your next bill is due.
3.8 We will pass on changes in the rate of VAT. If the rate of VAT increases or decreases between your order date and the Activation Date, or during the time we are supplying services to you, we will adjust the rate of VAT that you pay and show this on your bill.
3.9 3rd party charges. We are neither responsible nor liable for any 3rd party charges from other organisations (such as telephone or content providers) which you may incur while using the services.
3.10 If you do not pay. If you do not pay us for our services when you are supposed to, via the method specified in clause 3.1, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you via e-mail or telephone to tell you we are suspending supply of the services. Repeated failure to pay when and how you are supposed to, may result in cancellation of your service.
3.11 We can levy a late payment fee if you pay late. If you do not make any payment to us by the due date, we may levy interest on the overdue amount at 4% a year above the prevailing base rate of Barclays Bank plc until the date of actual payment of the overdue amount.
3.12 What to do if you think we have made a mistake in our charges. If you think our charges to you are wrong, please contact us promptly to let us know. If we have overcharged you, we will refund the overcharged amount back to you. If we have undercharged you, we will take the undercharged amount at your next payment date.
4. Using the service
4.1 Acceptable use. You agree to abide by our Acceptable Use Policy. You may only use our service for lawful purposes. You agree that we may review your use of our services including data volume and type of traffic (whether authorised by statute or other legislation or otherwise) to ensure lawful use and to assist our traffic management. If you use the service improperly, negligently or in a way which interferes with other customers’ use of the service or our ability to provide the service, we may exercise our right to suspend your use of our service (see clause 5 below) or end our contract. We may immediately remove any material placed on our servers by you or other users which breaches this contract or is otherwise harmful to our interests or the interests of our other customers.
4.2 Liability for breach of Acceptable Use policy. You agree that you are responsible for all use of our service under the Order, whether you gave your permission or not. For example, if someone has access to your home and uses the services, we would consider them to be within your control and you may be liable for unlawful use such as illegally downloading or transmitting copyright material. You should only allow access to your wi-fi and home network to people you trust and you must accept responsibility for their use of our services. We may suspend your service without notice for breach of the Acceptable Use policy.
4.3 Faults. The Zzoomm equipment we supply to you to connect to our service remains our property, and we have the right to access and monitor our equipment for diagnostic or maintenance purposes either directly or remotely. You are responsible for maintaining all the equipment we supply to you in good order. If you report a fault which we trace within your property boundary, we will make an appointment to carry out repairs or replace faulty equipment but if, in the reasonable opinion of the engineer, the fault was caused by damage to the equipment or the network apparatus within your property boundary, then a charge may be made.
4.4 No fault found. If we have dispatched an engineer based on your report of a fault, and upon attendance we have determined there is no fault with our equipment or our service, a charge for call-out for the Engineer’s time may be made.
4.5 If there is a fault on the wider network. When we become aware of a network fault outside your property boundaries, we will do our best to ensure it is diagnosed and repaired within 24 hours. If a fault affects your service for longer than 24 hours, we will not charge you for that 24 hours or for the time beyond 24 hours until it is restored.
4.6 We will do our best to ensure that necessary maintenance and support work is carried out overnight. We will do our best to give you reasonable warning prior to such work being carried out, although this may not always be possible if the problem is urgent.
4.7 We cannot guarantee fault-free performance. Due to the nature of the internet, your internet access availability and performance may vary from time to time. In addition, the performance and limitations of wi-fi or your devices may affect the actual speed that you experience. If you use your Zzoomm internet connection for making and receiving telephone calls and need an uninterrupted facility that is protected from Internet availability and things like power cuts, you should consider either (i) using a UPS to power your Zzoomm equipment and your telephony devices or (ii) you should retain your existing land-line or (iii) ensure you have a back-up telephony capability that is not mains powered such as a mobile phone.
4.8 How to tell us about problems. If you have any questions or concerns about your service, please contact us to discuss them.
4.9 Complaints Procedure. If you tell us about a problem and feel that we have not handled if effectively, then we have a formal customer complaints procedure that you can follow.
4.10 IP addresses. Unless you arrange with us to have a static IP address (see clause 3.7), the internet address allocated to you may be varied by us at any time. It will at all times belong to us. You may not sell or agree to transfer the internet address to any person. We grant to you a non-transferable licence to use any internet address we provide while you receive internet access from us which will end when this contract ends.
5. Our responsibility
5.1 We are responsible to you for foreseeable loss and damage caused by us. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to exercise reasonable care and skill in accordance with our legal duties to you. 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 (for example if we had discussed it).
5.2 You are responsible for your equipment. We are not responsible if you are not able to use the services because your equipment (for example, any PC, mobile device, network interface card, printer, switch, local area network or other equipment) does not work properly, is not compatible with the system, does not conform to the relevant standard or does not meet the minimum specifications or because of faults in any 3rd party networks over which we have no responsibility.
5.3 We are not responsible for information passing over our network. We have no control over the data which passes to you or from you over the internet, and we are not responsible for any loss or damage to that data.
5.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your statutory legal rights in relation to the services including the right to receive services which are supplied with reasonable skill and care and in accordance with what we have told you about them. Any goods supplied must be as described and match information we provided to you, of satisfactory quality and fit for any particular purpose made known to us.
5.5 We are not liable for business losses. The services provided to you under this contract are only for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.6 We are a Regulated business. Zzoomm is a communications provider and as such is a regulated business. This means that Zzoomm must comply with the General Conditions, with Directions from Ofcom and competent regulatory and legal bodies.
6. Changes to our contract
6.1 Your right to make changes. If you wish to make a change to the service which you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.2 Minor changes to the Service. We may change the service:
(a) to reflect changes in relevant laws and regulatory requirements and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
6.3 More significant changes to the Service and these terms. In addition, we may make changes to our prices (see clause 3.4) or other aspects of our contract to your detriment but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
7. Ending the Contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on when you decide to end the contract – the consequences in each situation are explained below in clauses 7.2 – 7.4. For your rights to end the contract during the initial term period see clause 7.3.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end and we will refund you in full for any of our services which have been paid for but have not been provided (if applicable). The reasons are:
(a) we have told you about an upcoming change to the service or these terms which you do not agree to such as a change to our prices outside of our permitted (i) consumer price index (CPI) rate of inflation plus (ii) 3.9%, (see clause 3.4) and you have given us notice to end the contract;
(b) we have made an error in the price or description of the broadband service you have ordered and you do not wish to proceed; or
(c) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days.
7.3 Ending the contract during the Minimum Term. If you end your contract during the Minimum Term (other than where you have a right to end it – see clause 7.2 above) then we will charge you an early termination charge up to the amount of the remaining charges for the Minimum Term. Section 7.12 contains a table describing these charges
7.4 Moving house. If you are moving house and wish to terminate your service, then early termination charges will apply. The Zzoomm Network does not cover the whole of the UK, and if, during your Minimum Term, you are moving to an address that we do not serve, you may need to pay the early termination charge described in clause 3.2 and 7.3. If you are moving house to an address we can serve, you can transfer the service to the new address without penalty. This constitutes a new contract and therefore starts a new minimum term. Installation charges may apply. If you are moving house to a property we cannot serve, early termination charges will apply, unless the new incoming resident takes a Zzoomm service.
7.5 Payment of Early Termination Charge. We may charge this amount directly to your bill and take the payment as part of our normal billing method agreed with you. By entering into this contract, you are authorising us to do this. We will give you reasonable notice before making these charges.
7.6 Ending the contract after the Minimum Term. If we are not at fault and none of the reasons listed in clauses 7.2 apply, you must give us 1 calendar month notice. The contract will not end until 1 calendar month after the day on which you contact us. For example, if you tell us you want to end the contract on 4 February we will continue to supply the service until 3 March. We will only charge you for supplying the service up to 3 March and will refund any sums you may have paid in advance for the supply of the service after 3 March.
7.7 Zzoomm equipment. If our contract is ended for whatever reason, you are required to allow us to recover the active Zzoomm equipment in your home. Failure to do so will result in us adding the cost of the active equipment to your final bill. Zzoomm will not be responsible for removal of any cabling in or on your home nor will Zzoomm be responsible for any ‘making good’ after removal of any part of our infrastructure or equipment.
7.8 If you wish to end the contract with us, please could you contact us in writing via e-mail to email@example.com or by post to Zzoomm plc, Suite 2, Fountain House, Parkway Court, John Smith Way, OX4 2JY.
7.9 We will make any refunds due to you as soon as possible by the method you used for payment, and within 7 days.
7.10 We may end our contract at any time by writing if:
(a) you do not make any payment to us when it is due and you still do not make payment after us reminding you that payment is due; (see clause 3); or
(b) you use our network in breach of our Acceptable Use Policy as described in clauses 4.1 and 4.2.
(c) if we give you 1 calendar month’s notice after the end of the Minimum Term
(d) you do not keep to any one or more conditions of this agreement
7.11 We may end our contract at any time with or without notice and prohibit you from taking any future service at our sole discretion, if you or anybody using your Zzoomm service:
(a) harass, abuse or threaten our staff or agents
(b) acts in a manner which we consider serious enough to terminate our agreement
7.12 Re-connection Charges
We may charge you a fee to reconnect your Zzoomm service after suspension or contract termination except where reconnection is required as a result of technical reasons (see clause 7.2c)
7.13 You must compensate us if you break the contract. If we end the contract in a situation set out in clause 7.9, we will refund any money you have paid in advance for any services which we have not provided, but we may deduct or charge reasonable compensation for the net costs which we may incur as a result of your breaking the contract. We will always explain these to you in writing. If we have to end the contract during the Minimum Term because you have broken it, we are entitled to charge you an early termination charge as set out at clause 7.3.
7.14 Early Termination charges.
The following is a table describing the early termination charges that may apply
|24 month contract disconnection tariff
Months Post install
8. Privacy & Data Protection
8.2 Please note that we may monitor and record phone conversations which you have with us for our training and compliance.
9. Other important terms
9.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these 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 the contract.
9.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we have agreed to this in writing in advance.
9.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
9.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the 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.
9.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
9.6 Where we are to provide you with notice in writing under this contract, we may do so by letter, email or text message.
9.7 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 services in the English and Welsh courts.
9.8 How to contact us. You can contact the Zzoomm customer team via e-mail to firstname.lastname@example.org or via telephone on 03 33 11 99 33 or by post at Fountain House, John Smith Drive, Oxford OX4 2JY.