About us. We are Zzoomm plc (“Zzoomm”), a company incorporated in England and Wales with company registration number 11738914. Our registered office is C/o DMH Stallard LLP, Fetter Yard, Barnards Inn, 86 Fetter Lane, London, EC4A 1EN, United Kingdom.
About you. You are our Customer; your name and contact details are on the Order Confirmation. The address for delivery of our broadband 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.
These are the terms and conditions on which we supply our broadband service to you: please read them carefully. These terms tell you who we are, how we will provide our broadband service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Use of our broadband service is subject to our Acceptable Use Policy (as described in clause 4.1), and our Privacy Policy, which you can read on the Zzoomm website.
1.1How to place an order for our service. Customers order our service through our website, over the phone with our telesales team, or with the help of our field sales team. 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 e-mail you your Order Confirmation.
1.3What 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.
1.4Your 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 2.12). Typically, the Minimum Term will be 30 days or 12, 18 or 24 months. Under these terms and conditions (clause 3.5), you have selected a 30 days’ rolling contract with a Minimum Term of 30 days. Accordingly, you agree that you will maintain and pay for the broadband service for the whole duration of the agreed Minimum Term, unless we agree to end the contract earlier.
1.5 Your right to cancel. You have the right to cancel your order by contacting our Customer Care Team within 14 days from when you receive your Order Confirmation e-mail. You should send your cancellation request in writing via e-mail to help@zzoomm.com, or by post to Zzoomm Plc, Sankey Valley Industrial Estate, Anglezake Road, Newton-Le-Willows, WA12 8DJ.
1.6 Receiving our broadband service within the 14-days’ cooling-off period. If you request activation of your service within the 14-days’ cooling-off period referred to in clause 1.5, and we do activate it, you agree to reimburse us for our cost of provision. You might request this, for instance, by selecting an installation date within the 14-days’ cooling-off period, or agreeing to an installation date within the 14-days’ cooling-off period should one be offered to you at a later date. This will only apply if and when we start to provide the broadband service. Should you cancel your service, you will have to pay us the cost of the broadband service you have received up to the point when you notify us of cancellation (including any installation fee that you agreed to pay) and the cost of any loaned equipment which you fail to return in accordance with clause 7.7 below.
1.7. Joining Zzoomm with One Touch Switch. You can use One Touch Switch to join Zzoomm and automatically cease your old broadband service. You are responsible for deciding when to switch your service to us by selecting an installation date when you place your order. We may offer you an earlier installation date if we are able to do so; we are not responsible for any changes to the fees charged by your old provider if you change your switch date by changing your installation date. If we erroneously tell your old provider your new service is live before your Activation Date or before your service is properly working, we will compensate you up to an amount equal to the difference between the cost your old supplier told you you would be charged and the amount you were charged. You must tell us before your Activation Date if you’d like to cancel a switch and deal with your old provider separately.
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 at an available timeslot that suits you.
2.2 The Zzoomm team will have your contact details. This is so that we can contact you to let you know when they will arrive, or to deal with the unexpected. You can contact our Customer Care Team at any time if you have a query about your installation. You will be sent automatic SMS and e-mail notifications to remind you of your appointment and to inform you of any changes.
2.3 Access to your property. The installation team will need access to your property. Depending on the type of installation method, we may require a preliminary visit to survey your property or to start the external part of the installation. 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 will need to make sure that you have your landlord’s permission before we can install our service. If we need to get access to some-one 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 its 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, as amended) to whom we may assign this right , with a permanent wayleave over your property so that we may supply and maintain our equipment and deliver our service to you in accordance with our rights under the Communications Act 2003 (as amended). By ordering and requesting installation of our service, you agree that the Zzoomm equipment placed on your property (including the internal network termination point installed in your property) with your permission will remain, irrespective of whether you or anyone who purchases, rents or leases the property receives the service 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, maintenance or repair 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 installations which have specific requirements because of the length of the access route, complexity of internal wiring, or surfaces which require special techniques to dig and reinstate (see the section on the website titled ‘installation’ for more details). They are also required if you wish, and we agree, to change the method of installation (for instance, from overhead to underground supply). If we identify that your property requires a custom installation, or if you request a custom installation, then we will discuss how the installation will be carried out and provide you with details of the proposed installation method and the custom installation charge. If you agree to go ahead with the custom installation and once the custom installation has been completed, 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. If you agree to us performing a custom installation within the 14-days’ cooling off period (referred to in clause 1.5), you will still be liable for the additional custom installation charge. The custom installation charge will be added to your bill alongside your first monthly service payment once the service is activated.
2.6 The Engineer will carry out a risk assessment before commencing work. If the engineer decides that it is not possible to carry out the installation safely, we will not be able to proceed with the installation. In such circumstances, we may decide it is not worthwhile for us to attend the property again in the future.
2.7 There must be someone authorised 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 for a time when there will be someone over the age of 18 present. Whoever is present must also be authorised to approve any works we may perform, and to provide our engineer with guidance on where to place equipment or drill holes.
2.8 Missed appointments. Should you either miss a confirmed appointment, wish to re-schedule when we are already in attendance at the property, or wish to re-schedule less than 24 hours prior to our confirmed appointment, Zzoomm may charge £20 for each instance. The £20 charge will be added to your first bill after activation. Should you need to re-schedule an appointment, please contact our scheduling team.
2.9 Changes to your requirements. If you change your requirements, this may affect your eligibility for a standard installation.
2.10 If the installation cannot be completed as arranged. Our engineers will do their best to complete your installation but, if it is not possible to continue with or complete the installation because of safety issues, the complexity of the installation or the materials required, the engineers may ask you to arrange a further appointment if this proves necessary; any such further appointment 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. If the engineers decide that it is not possible to carry out the installation safely or at all for any reason (either technical or environmental), we will not be able to proceed with the installation. In such circumstances, we may decide it is not worthwhile for us to attend the property again in the future.
2.11 Re-Installations and Equipment Moves. After your service is installed and activated, if you ask us to move our equipment to a different location, to change how your service enters the property, or to add another piece of equipment, this visit will be chargeable (at a one-off rate of £75). Such a charge is non-refundable even in the event of cancellation, termination or early termination of your service.
2.12 Activation Date. As soon as your service is installed, we will activate your service. Unless you have a free-period promotional offer, our monthly charges will start to apply as shown on the Order Confirmation. This is also when the Minimum Term (referred to in clause 1.4) starts (see also clause 3.5 below). If you are using One Touch Switch, this is when we will notify your old provider to terminate your old service or take any other actions that may be necessary.
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.
3.2 We invoice monthly in advance. Your first invoice will be generated the day after your installation. Unless otherwise agreed, we will bill you monthly in advance on the same day of each following month during your contract. However, after your first bill, you may ask us to bill you on a different day of the month, and we may charge you pro-rata in your next invoice to cover any difference in the billing period.
3.3 Activation Fee. If your current package has an Activation Fee, this will be detailed in your Order Confirmation e-mail, and will be charged in your first invoice after activation of your service (see clauses 3.2 and 3.4)
3.4 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 a custom installation and any Activation Fees due.
3.5 Minimum Term.
Under these terms and conditions, you agree to a 30-days’ rolling contract with a Minimum Term of 30 days. Accordingly, you agree that you will maintain and pay for our broadband service and for the products and services you order, for the whole duration of the agreed Minimum Term which starts on the Activation Date, unless we agree to end the contract earlier (see also clauses 1.4 and 7.3). If you end the contract during the Minimum Term, you will have to pay an Early Termination Charge, as specified in clause 7.3.
To understand how to end this contract and the rights and responsibilities you have, please see clause 7.
3.6 After the Minimum Term ends. Your service will continue after the Minimum Term, on a rolling 30-days’ basis unless you choose to end the contract. Price changes may be applied to your contract once your Minimum Term ends, as described in clause 3.7 below.
3.7 Price changes. The price you pay for our broadband service will not change during your Minimum Term, unless you request additional products or a different service during this period. Once the Minimum Term has expired, we may review our prices at any time; in particular, we are entitled, after the Minimum Term has expired, to increase the amount you pay for your service by a percentage equal to the sum of (i) the annual percentage increase in the consumer price index (CPI) rate of inflation plus (ii) 3.9% each year. If our prices are to change, we will give you at least one month’s prior notice in accordance with clause 9.6.
3.8 Upgrades and downgrades. You are able to upgrade your service at any time. You cannot downgrade the service during your Minimum Term, unless we tell you otherwise. Once your Minimum Term has expired, you are able to downgrade the service.
3.9 Additional services. You are able to add additional products and services (“add-ons”) to your service, such as static IP addresses or WiFi extenders. We will try to add (or remove) any add-ons as soon after the date of your request as possible. Additional charges will apply for these add-ons; if you decide to add to your service, we will tell you what your new monthly charges will be. You can remove these add-ons at any time. However, changes will only come into effect on the date your next bill is due.
3.10 We will pass on changes in the rate of VAT. If the rate of value added tax (“VAT”) increases or decreases between your order date and the Activation Date, or during the time we are supplying our service to you, we will adjust the rate of VAT that you pay and show this on your bill.
3.11 Third party charges. We are neither responsible nor liable for any third party charges from other organisations (such as telephone or content providers) which you may incur while using the service.
3.12 If you do not pay. If you do not pay us for our service when you are supposed to (via a Direct Debit as specified in clause 3.1), we may suspend the supply of the service until you have paid us the outstanding amount. We will contact you via e-mail or telephone to remind you of any payments which are due and to tell you when we are suspending the service. Repeated failure to pay when and how you are supposed to, may result in cancellation of your service.
3.13 We can levy a late payment fee if you pay late. If you do not make any payment to us within 30 days of your invoice 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 payment of the overdue amount.
3.14 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 to you through a credit on your account. If we have undercharged you, we will charge the undercharged amount at your next payment date.
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 service (including data volume and type of traffic, whether authorised by applicable law 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 4.2 below) or end your contract. In such circumstances, we may immediately remove any material placed on our servers by you or other users which breaches the Acceptable Use Policy or these terms and conditions, or is otherwise harmful to our interests or the interests of any of our customers.
4.2 Liability for breach of Acceptable Use Policy. You agree that you are responsible for all use of our service under your order, whether you gave your permission or not. For example, if someone has access to your property and uses the service, we would consider them to be using the service under your order and within your control and you may be liable for any unlawful use on their part, such as illegally downloading or transmitting copyrighted 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 service via such access. We may suspend your service without notice for breach of the Acceptable Use Policy.
4.3 Faults. As stated in clause 2.4, 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, maintenance or repair 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 to replace the faulty equipment. If, in the reasonable opinion of our engineer, the fault was caused by damage to the equipment or the network apparatus occurring within your property boundary, then a one-off charge of £75 may be made and added to your next bill.
4.4 No fault found. If we have dispatched an engineer on receiving your report of a fault and, upon attendance, we have determined there is no fault with our equipment or our service, a one-off charge of £75 for the engineer’s time may be added to your next bill.
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 any additional time until it is restored.
4.6 Necessary Maintenance. We will do our best to ensure that necessary maintenance and support work is carried out overnight, and to give you reasonable warning prior to such work being carried out (although this may not always be possible if we need to carry out work urgently, either to prevent any further impact, to resolve an active issue affecting you or other customers, to co-ordinate work with a third party, or for other reasons outside of our control).
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, nature and limitations of WiFi or your devices may affect the actual speed that you experience. We cannot guarantee WiFi speed or coverage throughout your property. If you use your Zzoomm internet connection for making and receiving telephone calls and need an uninterrupted facility that is protected from loss of internet availability or other sources of disruption (such as power cuts), you should consider either (i) using a UPS to power your Zzoomm equipment and your telephony devices or (ii) 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. Our contact details are provided on the bottom of our communications to you.
4.9 Complaints Procedure. If you tell us about a problem and feel that we have not handled it effectively, then we have a formal customer complaints procedure that you can follow, which is set out here.
4.10 Internet Protocol (IP) addresses. Unless you arrange with us to have a static Internet Protocol (IP) address (see clause 3.9), we may vary the internet address allocated to you at any time. That internet address will belong to us at all times and you may not sell or otherwise assign or transfer (or agree to sell, assign or 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. Even if you arrange with us to have a static IP address allocated to you, we may vary the allocation if you ask us to make changes to your service, or move your service to a new address (although we will try to ensure your allocation does not change where possible in these circumstances). We may also need to make changes to an allocation as part of technical changes to our network. Again, we will try to avoid this where we can but if such a change does occur, we will credit your account with any fees paid for a static IP address allocation for a period of 3 months.
5.1 We are responsible to you for any reasonably foreseeable loss and damage caused by us. We are responsible for any loss or damage you suffer that is caused by us and is a reasonably foreseeable result of our breaking this contract or our failing to exercise reasonable skill and care in accordance with our legal duties to you. Loss or damage is reasonably 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 as a reasonably foreseeable result).
5.2 You are responsible for your equipment. We are not responsible if you are unable to use the service 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 our system or does not conform to the relevant standards or minimum specifications; or because of faults in any third party networks over which we have no control and for which we are not responsible or liable.
5.3 We are not responsible for information passing over our network. We have no control over the data which passes to or from you over the internet, and we are not responsible for any loss of, or damage to, that data.
5.4 Liability which is not excluded. 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:-
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of your statutory or legal rights in relation to the service (including the right to have the service supplied with reasonable skill and care and in accordance with what we have told you about the service). Any goods we supply to you must be as described and match information we have provided to you, and must be of satisfactory quality and fit for any particular purpose made known to us.
5.5 We are not liable for business losses. The service provided to you under these terms and conditions is only for domestic and private use. If you use the service for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, business or business opportunity, nor for any business interruption nor for any indirect or consequential losses.
5.6 We are a Regulated business. Zzoomm is a an Electronic Communications Operator (under section 106(3)(a) of the Communications Act 2003, as amended)and as such is a regulated business. This means that Zzoomm must comply with the General Conditions of Entitlement and other directions laid down by Ofcom as the competent regulatory body.
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 and, if so, about any changes to the price of the service and to anything else which would be necessary as a result of your requested change. We’ll then ask you to confirm whether you wish to go ahead with the change before we make that change.
6.2 Routine changes to the service and these terms. 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 security threats).
6.3 Other changes to the service and these terms. In addition, we may make changes to our prices (see clause 3.7) or other aspects of our terms and conditions, which are potentially to your detriment. If we do so, we will provide you with as much prior notice as possible. You may then contact us to end the contract, either before the changes take effect or within 30 days of the change taking effect. If you end the contract in this circumstance, you will not be charged any Early Termination Charges that would otherwise have been due (see clause 7.3).
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 – 7.6. For your rights to end the contract during the Minimum Term, see clauses 1.5 (which applies during the 14 days’ cooling-off period referred to in that clause), 7.2 and 7.3.
7.2 Ending the contract because of something we have done or are going to do or because we are at fault. If any of the following circumstances apply:-
(a) we have told you about an upcoming change to the service, the price of the service or these terms which you do not agree to (for example, a price change after the Minimum Term has expired which is in excess of that referred to in clause 3.7);
(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;
(c) we have suspended the supply of the service for technical reasons for a period of more than 28 days (or notify you that we are going to do so); or
(d) we are otherwise in breach of these terms and conditions in providing the service,
then you shall be entitled to end the Contract. If you do so within the Minimum Term, we will not charge you the Early Termination Charge under clause 7.3. If you do so after the expiry of the Minimum Term, you will not be required to give thirty days’ notice under clause 7.6 and, if applicable, we will refund you in full for any service which you have already paid for but have not received.
7.3 Ending the contract during the Minimum Term. If you cancel your service and/or terminate your contract during the Minimum Term, then we may charge you a fee equal to 30 days’ charges (the “Early Termination Charge”). However, you will not be charged the Early Termination Charge if you cancel the Service during the 14-days’ cooling off period referred to in clause 1.5 or on account of any of the reasons listed in clause 7.2, or if clause 7.4 so provides. We will confirm the Early Termination Charge with you before you cancel. The Early Termination Charge will be included in your final bill.
7.4 Moving house. If you are moving house and wish to terminate your service, then the Early Termination Charge may 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 will need to pay the Early Termination Charge described in clause 7.3 (unless the new resident of your existing property purchases a Zzoomm service). If you are moving house to an address we can serve, you can transfer the service to the new address without having to pay the Early Termination Charge. However, installation charges may be payable in respect of the new property. Upon transfer, you will be regarded as entering into a new contract which is subject to a new Minimum Term. Any then current promotional rates may not apply under the new contract.
7.5 Payment of Early Termination Charges. We will charge Early Termination Charges directly to your account, along with any other debits (but subject to any credits) due when your service ends. Any payment of Early Termination Charges or other payments, debits or credits then due will be made through your normal Direct Debit on the day after your service ends. By entering into this contract, you are authorising us to use your Direct Debit for this purpose although we will give you reasonable notice before making any such payments, debits or credits.
7.6 Ending the contract after the Minimum Term. If none of the reasons listed in clause 7.2 applies, you must give us not less than 30 days’ notice to cancel the contract after the expiry of the Minimum Term. We will end your contract as soon as we can upon receiving your notice or upon any later termination date you notify to us. If you do not give us at least 30 days’ notice of cancellation, you will charged for that part of the 30 days’ period not covered by your notice; for example, if you only give us ten days’ notice, you will be charged for the remaining twenty days.
7.7 Returning loaned equipment. If our contract is ended for any reason (whether by you or us), you are required to return the active Zzoomm equipment in your home, except for the wall box (also known as the “optical network terminal” or “ONT”). We will send you a pre-paid return package suitable for returning the Zzoomm equipment. Subject to you receiving this, you must return the Zzoomm equipment to us within 30 days of your service ending. Failure to do so will result in us adding to your final bill the cost of the active Zzoomm equipment, which will comprise:
(a) Zzoomm hub routers – to be charged at £90 per item; and
(b) Zzoomm access points – to be charged at £75 per item
Zzoomm will not be responsible for removal of any cabling in, on or to your property, nor for any ‘making good’ after removal of any part of our infrastructure or Zzoomm equipment. You may request that we remove any Zzoomm equipment or cabling we installed but we may charge for this at such rates as we shall notify you at the time.
7.8 Notifying us when you want to end your contract. If you wish to end the contract with us at any time, you must contact us in writing via e-mail to contracts@zzoomm.com, or by post to Zzoomm Plc, Sankey Valley Industrial Estate, Anglezake Road, Newton-Le-Willows, WA12 8DJ. If you contact us by post, it may take us up to five working days to process your request.
7.9 Method of payments. We will make any refunds due to you by the method you used when making payment. When we credit your account for any reason, this credit will normally be held on your account and applied to any future bills. However, you may request that we pay any refund due directly to the Direct Debit we have on file for you, rather than having your future bills credited. Whether we comply with this request is at our discretion. We will make any refund payment in a timely manner (typically between 7 and 14 days after the request). If you end your contract (and except as provided in clause 7.2), we will refund any outstanding credit only once we have deducted any Early Termination Charges under clause 7.3 or any other sums due from you, and we have received any Zzoomm equipment due for return. If you do not return the Zzoomm equipment in accordance with clause 7.7, we will apply any outstanding credit against the cost of such Zzoomm equipment in your final bill, and refund any remaining credit.
7.10 Our termination of the contract on notice. We may end our contract with you at any time after the end of the Minimum Term by giving you not less than one calendar month’s prior notice.
7.11 Our termination of the contract for breach. We may end our contract with you at any time by giving you notice in writing if:
(a) you do not make any payment to us when it is due, and you still do not make that payment after we remind you that payment is due (see clause 3.12); or
(b) your use of our network is in breach of our Acceptable Use Policy (see clauses 4.1 and 4.2); or
(c) you do not comply with any one or more of these terms and conditions.
7.12 Our termination of the contract for misconduct. We may end our contract with you at any time by giving you notice, and prohibit you from receiving any future service at our sole discretion, if you or anybody using your Zzoomm service:
(a) harass, abuse, or threaten our staff or agents; or
(b) act in a manner which we consider serious enough to justify termination of our contract.
7.13 Re-connection charges. We may charge you a fee to reconnect your Zzoomm service after the suspension of the service or termination of your contract, except where reconnection is required following suspension of the service on account of technical reasons which we caused (see clause 7.2(c)).
7.14 Our duty to compensate. If we end the contract in any of the circumstances set out in clause 7.10, 7.11 or 7.12, we will refund any money you have paid in advance for any service which we have not provided. However, we may deduct from that refund, or otherwise charge, reasonable compensation for the net costs which we may incur as a result of your breaching the contract or your misconduct (together with any other amounts due from you at the end of your contract such as Early Termination Charges under clause 7.3 or charges for any Zzoomm equipment which has not been returned in accordance with clause 7.7). We will always explain these deductions to you in writing.
7.15 Credit of unused service time. You will be billed in advance for your service in accordance with clause 3.2. When your contract ends for any reason, we will apply a credit to your account equivalent to the amount you have paid in advance for a service you have not received by the time your contract ends. This credit will be applied against any amounts due at the end of your contract (such as Early Termination Charges under clause 7.3 or charges for any Zzoomm equipment which has not been returned in accordance with clause 7.7). Any credit which remains due will be refunded in accordance with clause 7.9.
7.16. Ending your contract through One Touch Switch. If you use the One Touch Switching process to end your contract with us, then the other provisions of this clause 7 shall continue to apply, and we will charge you any Early Termination Charges which may be due under clause 7.3, or for any Zzoomm equipment which has not been returned in accordance with clause 7.7, at the end of your contract. We will consider the date when your new provider notifies us they have commenced providing your new service (the “trigger date”) as your contract end-date, and will continue to provide your service up until that trigger date. We will compensate you with a credit equivalent to the excess service period if we do not cease your service on that trigger date, so long as your new provider correctly told us to trigger your switch.
8.1 How we will use your personal information. We will use the personal data and information you provide to us in accordance with our Privacy Policy which is available for you to read on our website.
8.2 Monitoring telephone calls. Please note that we may monitor and record telephone conversations which you have with us for training, compliance and contract management purposes.
9.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation or person. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights or obligations under the contract.
9.2 You need our consent to transfer your contract to someone else. You may only transfer your rights or obligations under these terms to another person if we have agreed to this in writing in advance.
9.3 Third party rights. This contract is between you and us. No other person shall have any rights under this contract or 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 any part of this contract illegal. Each of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms and conditions will remain in full force and effect.
9.5 No waivers. Even if we delay in enforcing any of our rights or remedies under this contract, we can still enforce them 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 breach of this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.
9.6 Notices. Where we are to provide you with notice in writing under this contract, we may do so by letter, e-mail or text message.
9.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England and Wales, and you or we can bring legal proceedings in respect of the service in the English and Welsh courts.
9.8 How to contact us. You can contact the Zzoomm Customer Care Team by:-
(a) e-mail to help@zzoomm.com; or
(b) telephone on 03 33 11 99 33; or
(c) post at Zzoomm Plc, Sankey Valley Industrial Estate, Anglezake Road, Newton-Le-Willows, WA12 8DJ
^Advertised speeds are achievable with a wired connection. Wi-Fi speeds may vary and not all user devices are capable of achieving maximum speeds over Wi-Fi. Offer pricing applicable during contract minimum term, then standard list price thereafter. Offers are available to new customers only.
