FTTC Terms and Conditions

TABLE OF CONTENTS

• Fibre Broadband (FTTC) - Specific Terms and Conditions
• Definitions
• The Services
• Acceptance of your order
  • To do this, we need to successfully:
  • Your Customer Application will be rejected if: 
• Installation
  • The Fibre Broadband Service may affect: 
• Activation
  • depending upon:
• Access Codes
• Conduct and Content
• Moving Property
• Fibre broadband and phone package
• Product Regrades
• Hardware
• Fault Reporting
• Termination
• Telephone lines
• Effects of termination
• Charges
• Data Protection
• Communications

Fibre Broadband (FTTC) - Specific Terms and Conditions

These Conditions set out the basis on which we provide our Vfast internet services.  We are Vfast Ltd, a company registered in England and Wales number 06117927 with our registered offices located at County House, Station Approach, Bekesbourne. Canterbury. Kent. CT4 5DT. 

These Specific Terms and Conditions are to be read in conjunction with our General Terms and Conditions. In the event of any conflict between these Specific Terms and Conditions and the General Terms and Conditions, the provisions of these Specific Terms and Conditions shall apply. 

Definitions

All definitions contained within these Specific Terms and Conditions have the same meaning as those set out in the General Terms and Conditions unless specified below: 

• Distance Selling Regulations - Consumer Protection (Distance Selling) Regulations 2000
• FTTC Service - The Fibre to the Cabinet service which provides a fibre optic connection to the Internet from the telephone exchange to your local street cabinet and a copper cable connection from the cabinet to your Premises.
• Fibre Broadband Services - The FTTC Service provided to you in accordance with these Terms and Conditions.
• Fibre Broadband and Phone Package - The Fibre Broadband Services and the Phone Services.
• Minimum Cancellation Notice Period - 30 days to expire any time on or after the Minimum Service Period.
• Minimum Service Period – As stated in your Services Order Form.

The Services

The Fibre Broadband Services will be provided to you at the Premises specified in your Customer Order. 

Acceptance of your order

Before we can accept your order, we need to be certain that we can provide you with the Fibre Broadband Services.

To do this, we need to successfully:

• determine that fibre broadband is available in your area and that your telephone line is in a fibre broadband enabled location;
• check that the line qualification indicates that a minimum line rate for the Fibre Broadband Service is likely to be achieved; and
• complete the installation and activation of the Fibre Broadband Services.

Your Customer Application will be rejected if: 

• you do not have a BT or Vfast provided PSTN line;
• the line length test shows that your premises are outside the transmission limitation of the Fibre Broadband Service; or
• your line is not in a Fibre Broadband Service availability area.

If it is not possible to provide the Fibre Broadband Services because one or more of the checks at clauses 3.1 and/or 3.2 cannot be completed successfully, we will notify you as soon as possible. We will also refund any charges for the Fibre Broadband Services that you may have paid in advance, apart from any Abortive Visit Charges that may have been incurred. 

If you rent your premises, you must have a valid contract for a BT or Vfast  provided PSTN line. The contract for the PSTN line must be with you and not your landlord.

Installation

Before accepting your order, we may give you some advice on any necessary preparation. You will need to provide a suitable location for any Equipment which is purchased from us, or which you supply yourself. We will contact you to arrange an appointment for an engineer (the “Engineer”) to visit your Premises to install the Fibre Broadband Service.

Someone aged over 18 must be contactable and at the premises on the date of installation.

You will be contacted by the Engineer prior to the booked appointment(s) to discuss the proposed installation and to confirm the appointment(s) slot. If necessary, the Engineer will re-arrange the appointment(s) at your request. The Engineer will call you on the day of the appointment prior to starting work at the street cabinet. However, the Engineer will not commence work unless you have confirmed your availability. If you are not contactable or available, you will be charged an Abortive Visit Charge as set out at clause 14.3

As part of the installation for the FTTC Service the Engineer will install: a) a Service Specific Front Plate (“SSFP”); and b) a VDSL2 modem (“Active NTE5”) which will be connected to the data port of the SSFP. The Active NTE5 must be within reach of a power supply and must remain connected to the power and data port of the SSFP at all times. The Active NTE5 is a required component of the FTTC service and, if it is removed, we will be unable to provide further support. The SSFP will be fitted to your existing NTE5 socket. Where no NTE5 exists, the Engineer will install a new NTE5 within 3 metres of the entrance to the premises.

For FTTC Services, certain equipment may need to be installed at your Premises. Before accepting your Order, we may give you some advice on any necessary preparation. You will need to provide a suitable location for any hardware which is purchased from us, or which you supply yourself. Please refer to the Broadband Service Requirements page on our Website for further details.

It is your responsibility to make sure that there are enough mains socket outlets at your premises to provide a power supply for any equipment which may form part of the Fibre Broadband Services.

After installation of the Fibre Broadband Services you may notice a slight change to how your telephone sounds. This is normal for Broadband products and is not a fault. 

The Fibre Broadband Service may affect: 

• the performance of some PSTN equipment and voice band modems used by fax machines and by personal computers may operate at a lower speed; and
• security or burglar alarm systems that use the PSTN service You are responsible for checking the compatibility of such systems before arranging for connection.

Non-standard house wiring may affect the quality of the Fibre Broadband Services delivered to telephone extension sockets in your premises. 

Activation

We will use reasonable efforts to activate the Fibre Broadband Services by the date notified to you following acceptance of your order, however, all dates are estimates and we cannot guarantee that they will be met.

When the FTTC Services are being activated at your Premises, you may lose your telephone service for up to an hour. This is because your existing connection needs to be adjusted to allow you to access the Fibre Broadband Services. We will use our reasonable endeavours to make any loss of telephone service as brief as possible, but you acknowledge that the timing of the activation and the period of the loss of service are the sole responsibility of a third party contractor and are, therefore, outside of our control. We cannot accept any liability for any costs, expenses, losses, damages or other liabilities (howsoever arising) which you may incur as a result of the timing of the activation or the period of any loss of service referred to at Clause 5.2 above.

The Fibre Broadband Service is rate adaptive and as such the speed of service may change over time. The quoted speeds for each product specified by us refer to the maximum available bandwidth. Upload and download bandwidth speeds for the Fibre Broadband Service may vary 

depending upon:

• the distance between your premises and the street cabinet (for FTTC Services only); and
• The number of other users using the common cabling.

Access Codes

We will provide you with a username and password to give you access to the Services.  You must keep your username and password secret and inform us immediately if you become aware of any unauthorised use of your username and password.

You are entirely responsible for all access to the Services made using your username and password, even if this is done without your consent. We will not be liable under any circumstances for any unauthorised access to your information or material posted on the Internet.

Conduct and Content

You must comply at all times with our Acceptable Use Policy as set out on our website. We may update our Acceptable Use Policy at any time by posting a revised version on our website.

You must also comply with all applicable laws, rules, regulations and conduct policies.

You must not use the service to send unsolicited emails in bulk (“spam”) to anyone.  Any usage of our service for spamming will result in immediate termination of this Contract without notice and without any refund of Charges.

By accepting these Conditions you are agreeing not to allow through your actions, or those of another, the use of the Services for unlawful or illegal purposes; including but not limited to making offensive, indecent or prank/hoax calls, allowing others to do so, using the Services fraudulently, to commit or further a criminal offence.

We are not responsible or liable for the content of any information transmitted by you or any other person using the Services.

We are under no obligation to monitor or review any content belonging to you and contained on or transmitted by our systems. However, we reserve the right to inspect any content created, accessed or transmitted by you using the Services, including content in your files, emails, postings or websites, to check your compliance with these Conditions.

We may remove from our systems, without liability to you, any content in your files, emails, postings or websites which we reasonably believe:

• is or may be considered to be pornographic, defamatory, misleading, deceptive or to infringe anyone else’s rights in any other way; or
• is in breach of any applicable laws, regulations, international conventions, licences or policies; or
• breaches our Acceptable User Policy in any other way.

We have no control over the content of material which you access using the Services, and we will not be responsible or held liable for any content (including its accuracy, legality or quality) other than content authorised by us and displayed on our own website.

Moving Property

The Fibre Broadband Services are non-transferable between locations. This means that if you move home within the Minimum Service Period, you will not be able to transfer the Fibre Broadband Services to your new premises.

If you move home within the Minimum Service Period and you wish to have Fibre Broadband Services to your new premises, you will need to pay an early termination charge to cease the contract. The early termination charge will be calculated on the remaining months of your minimum terms and any outstanding activation/install fees. The provision of Fibre Broadband at your new premises will be subject to a new Minimum Service Period of 24 months.

Fibre broadband and phone package

This clause applies where you have purchased a Fibre Broadband and Phone Package.

The activation date for a Fibre Broadband and Phone Package shall be the date upon which the Fibre Broadband Service is successfully installed at your Premises.

If you wish to convert your existing Fibre Broadband Services to a Fibre Broadband and Phone Package:

• the Minimum Service Period for your existing Fibre Broadband Services will be reset; and
• the new Minimum Service Period for the Fibre Broadband and Phone Package will be:
  • 24 months commencing on the date the service is transferred (where your existing contract was 24 months); or
  • the later of the original contract end date or 12 months from the date the service is transferred (where your existing contract was 24 months).

In the event that you wish to terminate the Fibre Broadband element of a Fibre Broadband and Phone Package within the Minimum Service Period:

• you will remain liable for the charges payable for the Fibre Broadband Services for the remainder of the Minimum Service Period; and
• your Phone Service will continue to be provided to you.

In the event that you wish to terminate the Fibre Broadband element of a Fibre Broadband and Phone Package once the Minimum Service Period has expired:

• you must give notice at least equal to 30 days written notice
• your Phone Service will continue to be provided to you.

Product Regrades

Service upgrades between our range of Fibre Broadband Services take between 1 and 5 working days to process from the order being received. Service downgrades between our range of Fibre Broadband Services will occur at the next billing date.

Regrades are available upon request, subject to any remaining term in force on an existing service.

For the avoidance of doubt, where a new contract is specified, the Minimum Service Period for your new contract will be:

• 12 months commencing on the date the service is regraded (where your existing contract was 12 months); or
• the later of the original contract end date or 12 months from the date the service is regraded (where your existing contract was 24 months). 

Hardware

You acknowledge that some routers may not be compatible with the Fibre Broadband Service and that you may have to purchase an alternative router at your own cost in order to be able to access the Fibre Broadband Service.

For the avoidance of doubt, we can only offer support and assistance in respect of Vfast supplied routers. If you choose to purchase a router from a third party, you will be responsible for ensuring that you have access to appropriate support and assistance in respect of that router.

All Fibre Broadband routers that you purchase from us are covered by a one year warranty.

Fault Reporting

Any fault(s) you may detect in relation to your Fibre Broadband Services must be reported to us as soon as possible by calling Support Helpline on 01227 668901 or email support at support@vfast.co.uk 

Termination

You may end the Agreement at any time before the Service is activated and available for you to use.

The following cancellation charges shall apply for orders which have not yet been activated but which have been processed:

• where cancellation is more than 2 days before your order delivery date, a charge of £10.00 (plus VAT) will be payable; and
• where cancellation is 2 or fewer days before order delivery date, a cancellation charge of £85 (plus VAT) will apply.

Once the Fibre Broadband Services have been activated and are available for you to use, you may only end this Agreement by notice equal to the Minimum Cancellation Notice Period to expire any time on or after the Minimum Service Period.

Where the Fibre Broadband Service is terminated within the Minimum Service Period, you will remain liable for the charges for the remainder of the term. This will be in addition to any cease charges for termination of the Fibre Broadband Service itself.

If we or BT deem that your telecommunications line is not capable, or becomes incapable, of supporting the Fibre Broadband Services we reserve the right to terminate the Fibre Broadband Services immediately without notice and issue a refund for any Fibre Broadband Services not provided. 

Examples include;

• your line is too far away from the telephone exchange;
• your line is directly connected to the telephone exchange rather than via a street cabinet; or
• the quality of your line is too poor.

We reserve the right to move you onto a different product at no additional cost to you, if, in our reasonable opinion, it would mean that your service would perform better, provided always that such alternative product shall be of equivalent price to your existing product.

Telephone lines

A BT or Vfast telephone line is required for the provision of the FTTC Service and must remain active throughout the Service Period.

In the event the telephone line:

• is cancelled;
• ceases to be active;
• or if there is a change of ownership of such telephone line

your FTTC Service will be terminated and any remaining Charges will become immediately due and payable. 

Effects of termination

In the event of termination of the FTTC Services, any disconnection work will take place at your street cabinet and not your Premises. A jiffy bag will be sent to you to return the Active NTE. Please note that the SSFP and any data extension kit will not be removed. These items are compatible with ADSL services, however, while the SSFP is in place that will be the only point of connection for any ADSL services and you will not be able to use any micro-filters on any other telephone connection points. Any Equipment purchased or provided by us to enable you to receive the Fibre Broadband Service must also be returned at our request.

Charges

All amounts payable for the Fibre Broadband Services and/or the Fibre Broadband and Phone Package shall be payable by direct debit and shall be inclusive of Value Added Tax ("VAT"), or any other applicable tax or duty, which shall be charged at the prevailing rate.

We reserve the right to raise an 'Abortive Visit Charge' of £90 plus VAT if:

• entry to your Premises is refused; or
• no access can be gained despite you having agreed that we or any other person may access your Premises.

In the event that an Engineer is called to repair a fault to your Fibre Broadband Services, we will implement the following procedure:

• when you call into our Support team to register a fault with your service we will conduct an investigation into the fault. During this process you may be asked to check and advise on details about your service. This will include directions to carry out simple tests and to report back the status following the tests. All of the requests will be explained and it is your responsibility to carry out the tests at your premises and provide accurate feedback; and
• based on your feedback, we will decide if an Engineer visit is required and our Support team will advise you of the chosen course of action and associated costs. You can then decide if you want the Engineer visit to go ahead.

In the event that an Engineer is called to repair a fault to your Fibre Broadband Service, a charge of £165 plus VAT will be made in respect of:

• repairing faults (where this work is not already covered under your Agreement with us);
• providing or rearranging services where standard BT charges are not available;
• internal and external shifts; and
• where a fault is found not to be with any BT service or equipment. In particular this covers the situation where no fault is found, or the fault is found to be on non-BT equipment, or is due to damage caused by someone at your Premises, or due to theft, loss or removal of equipment, or in the case of equipment owned or rented by you or faults caused by external or environmental factors (e.g. lightning, electrical surges or floods).

Data Protection

In order to provide you with the Fibre Broadband Service, we need to share your personal details with our suppliers, including but not limited to, BT Openreach.

Our suppliers may write to or call you directly about any changes to your order fulfilment, about the repair of your Fibre Broadband Service or to confirm the time of their Engineers’ arrival for appointments.

Both we and our suppliers will comply with the Data Protection Act with regards to any data we hold about you.

Communications

We may contact you or give you notice under these Conditions by any of the following means:

• post; or
• fax (where available); or
• email; or
• SMS text message

You are responsible for ensuring your registered contact details are kept up to date, and for informing us of any changes.

You may contact us by email at support@vfast.co.uk or using our published fax, telephone or postal information. 

When contacting us by phone your call may be recorded for training and monitoring purposes. You are responsible for ensuring any email, fax or letter reaches us, and we consider your communication valid on the date and time it reaches us and not when it was posted or sent.