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Signup – Business
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Let's get your Business Connected
Welcome to Mersey Fibre Business New Customer Signup, this process should take around 10 minutes to complete.
Small Business Check List
(Required)
Before we begin, are you happy with the following:
You have the address of the installation
You are happy to pay by Direct Debit
You are a business operating as a sole trader, limited company or charity
You are happy for a credit check to be performed on you by our agent (Creditsafe Business Solutions Limited)
1. Package
Installation Address (complete on next page)
Same as Registered Business Address
Installation Address
(Required)
Please only complete if the installation address that you require the service will be different than your Registered Business Address.
Street Address
Address Line 2
City
County/Region
Postal Code
Packages
Please choose the package that you require.
Mersey Fibre Business 150Mbps Upload and Download (Guaranteed Speed) £50 setup and £40 per month
Mersey Fibre Business 500Mbps Upload and Download (Guaranteed Speed) £50 setup and £50 per month
Mersey Fibre Business 1Gbps Upload and Download (Guaranteed Speed) £50 setup and £75 per month
Mersey Fibre Business 10Gbps Upload and Download (Guaranteed Speed) £99 setup and £99 per month
IP Address Requirement
If you need a static IP address for your router, please select it here.
Yes
No
Static IP Address Selector
Single IP Address (/31) £10 Setup & £10 per month
Single IP Address (/30) £15 Setup & £15 per month
8 IP Address (/29) £25 Setup & £25 per month
16 IP Address (/28) £50 Setup & £50 per month
32 IP Address (/27) £75 Setup & £75 per month
64 IP Addresses (/26) £100 Setup & £100 per month
128 IP Addresses (/25) £125 Setup & £125 per month
256 IP Addresses (/24) £250 Setup & £250 per month
512 IP Addresses (/23) £350 Setup & £350 per month
1024 IP Addresses (/22) £500 Setup & £500 per month
Current Internet Provider
If you have an existing internet provider, please enter it here.
10Gbps Warning
Just a warning on the 10Gbps package that you have selected.
You will need to have 10Gbps capable equipment in order to receive this full speed. Also, 10Gbps packages are not compatible with speed test websites.
Please confirm that you have this before proceeding.
I understand and confirm
Installation Time
Installation lead-time is around
10 working days
from your order. You are able to shorten that to 5 working days with our Expedited Install if required.
Standard Installation Time (10 Working Days)
Expedited Installation Time (5 Working Days) (£50)
Installation Detail - Additional Information
Let us know here any additional information about your premises that could prove useful, such as access restrictions, parking, building/landlord permission required and the prefered location of your router.
Upload File
If you think it would be helpful to upload building plans, planning applications, office layout drawings etc to aid in the installation, then please do so. Feel free to take pictures of preferred install location that you would like the router to be installed into, to help our installations team.
Drop files here or
Select files
Max. file size: 300 MB, Max. files: 30.
2. Account
Main Company Contact
This should be the main contact person on your account that will be authorised to deal with enquiries.
Prefix
Dr.
Miss
Mr.
Mrs.
Ms.
Mx.
Prof.
Rev.
Lord
Dame
Sir
Lady
First
Last
Date of Birth
Your date of birth is required as part of our security and for the credit check.
DD slash MM slash YYYY
Email
(Required)
Enter the email address of the main company contact.
Enter Email
Confirm Email
Office Phone Number
We'll use this number to get in contact with you.
Mobile
We'll use this number to get in contact with you and send you notifications by text message.
Security Phrase
Make up a phrase here that you can quote when speaking to us about your account details. This phrase will need to be quoted in order to access your account. Examples could include "I Love Liverpool", "Battery staple horse", "Daisy the cat"
GDPR Consent
We’d love to let you know about updates to our products, services and special offers and may contact you by telephone, email, post and SMS. If you don’t want us to use your contact details provided on this order form for this purpose, please let us know by ticking this box.
As you’ll be a customer of our services we’ll still send you service-related communications as necessary. If you change your mind at any time, you can change your preferences by going to My Account or by using the opt-out links on any marketing messages. Please be assured, we'll always treat your information with the utmost care and will never sell it to third parties.
I agree
3. Business
Company Type
Please select
UK Limited Company
UK Limited Liability Partnership
Sole Trader
Partnership
Other
Company Name
Company Number
Not for Profit
Not-For-Profit
Number of Employees
Please select
1-10
11-50
250+
Correspondence & Billing Address
(Required)
Enter here your main correspondence address that your account will be registered to and will be printed on your contract. This address will also appear on your invoices. If you need the correspondence address and billing address to be seperate, you can ask us to change this once the account is active.
Street Address
Address Line 2
City
County/Region
Postal Code
Website
4. Payment
Your Direct Debit will be set up now, and shortly after, we will take your first payment, which will be a total of the installation fee, any extra services that you have chosen, and the first month of your package upfront. Please complete the Direct Debit detail below. Payments are protected by the Direct Debit Guarantee. We use Go Cardless for the collection of Direct Debit Payments.
Account Holder Name
Account Holder Name (your business name)
Your Sort Code
Must be 6 digits long
Your Account Number
Must be 8 digits long
Email Addresses(s) to send invoices to
Enter one or multiple email addresses separated by commas that will receive your monthly invoices. Invoices are sent from finance@merseyfibre.com at 10am on the Anniversary of your Activation Date.
Direct Debit Guarantee
(Required)
The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
If there are any changes to the amount, date or frequency of your Direct Debit GoCardless will notify you (normally 3 working days) in advance of your account being debited or as otherwise agreed. If you request GoCardless to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
If an error is made in the payment of your Direct Debit, by GoCardless or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.
If you receive a refund you are not entitled to, you must pay it back when GoCardless asks you to.
You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify GoCardless.
Note: Some Banks and Building Societies may not accept Direct Debit instructions from some types of accounts.
I confirm that I am either the sole or a joint account holder and authorised to set up this Direct Debit Instruction from this account.
5. Freebies
I'd like a free Scouse Card
Scouse Card is an AWARD WINNING digital discount card designed to save customers up to 50% discount on their everyday shopping, domestic needs and social activities, as well as driving sales to local businesses and trades in and around the city of Liverpool Scouse Card is normally £25 per year, however all Mersey Fibre customers get the first year free. By ticking this box, you agree that Scouse Card (a separate company) will be sent your name, email and address and will setup an account for you.
Yes, I'd like a free Scousecard
No Thanks
Mersey Roam
Mersey Roam is a growing network of WiFi hotspots across the Liverpool City Region that provides high speed WiFi at a number of on-street locations, hospitality venues, coworking office space, hotels, conference centers and many more. Once connected, you can “roam” throughout the region while enjoying unlimited data and without the typical cumbersome login pages, portals etc. Mersey roam is a free service for Mersey Fibre customers (package dependent) and customers receive login details to Mersey Roam upon signup of their Broadband package.
Yes please
No Thanks
Mersey Teleport
Teleport is a free VPN service for Mersey Fibre customers (package dependant) so that you can use your office Broadband when abroad. You can read more about
Mersey Teleport Here
Yes please
No thanks
6. Order
Terms & Conditions of Mersey Fibre
Business Customer Terms of Service
These Terms are effective from 3rd February 2025.
1. Definitions
1.1. In these Terms, the following words and expressions shall have the meanings given to them below:
”Activation Charge” means the one-off Charge for connecting to Mersey Fibre’s Services, charged in a Customer’s first invoice and as set out on an Order and/or as detailed in the Guide to Charges and Fees for Business Customers.
“Additional Static IP Address(es)” means any static IP address(es) which is/are provided to the Customer by Mersey Fibre at the Customer’s request, and which is not included in the Customer’s monthly Package Charge.
“Agreement” means the Agreement described in Clause 2, which definition in relation to Clause 7 is as modified by Clause 7.3.
”Apparatus” means any apparatus (including but not limited to Equipment) which Mersey Fibre installs, or arranges to be installed, at the Premises, in connection with the provision of Mersey Fibre’s Services.
“Applicable Law” means any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance, standard or industry code, rule of court or directives or requirements of any government or regulatory body, delegated or subordinate legislation or notice of any government or regulatory body and the common law and the law of equity as from time to time applicable to the parties.
“AUP” means Mersey Fibre’s Acceptable Usage Policy, as updated from time to time.
“Battery Back-Up Unit” means a battery unit (i) which Mersey Fibre sends the Customer upon the Customer’s request, (ii) which (when, fully charged and correctly installed) the Customer may use to provide the Mersey Fibre Router, optical network terminal (ONT) and/or fibre/media converter with at least 1 hour of back-up power in the event of a power failure at the Premises, and (iii) which will enable the Customer to make calls to emergency services during that period using a corded telephone plugged directly into the Mersey Fibre Router.
“Battery Back-Up Unit Fee” means the one-off Charge payable for a Battery Back-Up Unit, as set out in Mersey Fibre’s Guide to Charges and Fees for Business Customers and as set out in the Customer’s Order or Order Confirmation Email.
“Building” means a property in which the Premises are located, and to which Mersey Fibre provides Landlord Services under a Landlord Agreement.
”Business Broadband Package” means any of Mersey Fibre’s packages for the Business Broadband Service (as set out in www.merseyfibre.co.uk/business or as otherwise offered by Mersey Fibre to the Customer), for which the Customer has submitted or can submit an Order.
“Business Broadband Service” means Mersey Fibre’s internet service, which is included in the Customer’s chosen Business Broadband Package.
“Business Day” means any day other than (i) a Saturday or a Sunday; or (ii) a public holiday in England and Wales.
“Business Support” means Mersey Fibre’s Business Support Team which can be contacted by emailing support@merseyfibre.co.uk, on 0151 279 2001, 24 hours a day, 7 days a week (voicemail will take a message outside of our working hours), or calling 0151 279 2001 9am-5:30pm Monday to Friday.
“Charge or Charges” means any or all charges payable to Mersey Fibre in respect of the Services as detailed in the Guide to Charges and Fees for Business Customers and/or as set out in an Order and/or Order Confirmation Email.
”Claims” means all third party claims, actions or proceedings brought or threatened against Mersey Fibre arising in connection with the use or misuse of the Services or any breach or contravention of these Terms or the Agreement, as set out in Clause 12.1.
“Complaints Code of Practice” means Mersey Fibre’s Complaints Code of Practice which sets out how Mersey Fibre’s residential,, “small business” and “small not-for-profit organisation” customers can make a complaint about Mersey Fibre and/or its Services and how they can take this complaint further, if so required.
“Contract Information Document” means the “Contract Information” document, which is prescribed by Ofcom as to form and information content requirements, and which is provided to the Customer during their Order process
“Contract Summary Document” means the “Contract Summary” document, which is prescribed by Ofcom as to form and information content requirements, and which is provided to the Customer during their Order process.
“Customer” means the business customer entering into the Agreement.
”Direct Debit Return Fee” means the £10 Charge which Mersey Fibre may charge a Customer each time any of that Customer’s direct debit payments to Mersey Fibre under the Agreement is not honoured for any reason.
“Equipment” means any telecommunications or other equipment (including, but not limited to, any Mersey Fibre Router router,, wireless access point, Battery Back-Up Unit, fibre/media converter, optical network termination (ONT), socket/faceplate, cabling and other accessories), that is supplied by Mersey Fibre to facilitate and enhance usage of the Services as detailed on the Website (including upgrades and replacements). This does not include any equipment purchased or acquired by the Customer from a supplier recommended by Mersey Fibre or from an alternative source or supplier. This is referred to as 'additional equipment'.
”Faults” means any faults in relation to the Services other than the Customer Free Service and the Standard Service, and planned loss of service shall not be considered a Fault.
“Fibre Connector” means any Mersey Fibre socket, fibre/media converter and/or ONT (optical network terminal) that Mersey Fibre installs/has installed at the Premises in connection with the Services.
“Force Majeure” means any event beyond Mersey Fibre’s reasonable control including, without limitation, lightning, flood, earthquake, severe weather, other natural disaster, fire, collapse of buildings, explosion, accident, terrorist activities, war, civil disorder, epidemic or pandemic, non-performance by suppliers or subcontractors, damage or vandalism to the Network, Equipment or any apparatus Mersey Fibre has installed, acts or omissions of local or national governments or other competent authorities (including, without limitation, the introduction of new laws, rules, regulations or guidance), strikes or industrial disputes.
“Free Battery Back-Up Unit” means a Battery Back-Up Unit which the Customer requests and receives from Mersey Fibre, free of charge, and which remains Mersey Fibre’s property.
”Guide to Charges and Fees for Business Customers” means Mersey Fibre’s Guide to Charges and Fees for Business Customers, setting out the list of Charges relating to Services payable by Mersey Fibre’s business customers, as updated from time to time.
“Mersey Fibre Router” means any router supplied by Mersey Fibre for the Customer’s use in connection with accessing the Services.
“Mersey Fibre” means Mersey Fibre Limited, registered in England and Wales with company number 15599549 and having its registered office at 15 Gibraltar Row, King Edward Industrial Estate, Liverpool, United Kingdom, L3 7HJ.
”Mersey Fibre Business Order Form” means the order form on our Website which the Customer fills in and submits to order Services upon these Terms.
“Installation Fee” means the one-off Charge payable (i) where there is no existing Fibre Connector at the Premises, to install such Fibre Connector at either (a) Mersey Fibre’s chosen location at the Premises (a ”Standard” Installation Fee) or (b) at the Customer’s chosen location at the Premises (a ”Bespoke” Installation Fee); or (ii) to extend a connection from an existing Fibre Connector at the Premises (again, a ”Bespoke” Installation Fee), in each case as detailed in the Guide to Charges and Fees for Business Customers and as set out in the Customer Order and/or Order Confirmation Email.
“Installation-only Service” means the provision by Mersey Fibre of installation services with no additional ongoing Services, as described in the Guide to Charges and Fees for Business Customers.
”Landlord” means the landlord or manager of multiple dwelling units within a Building, as described in Clause 7 (”Multi-Tenanted Buildings”).
“Landlord Agreement” means an agreement entered into between Mersey Fibre and a Landlord to provide Landlord Services to a Building (or parts(s) of a Building).
”Landlord Services” has the meaning given to it in Clause 7.1.
"WiFi Extender” means any mesh extender Mersey Fibre provides for the Customer’s use
“Minimum Download Speed Guarantee” means the latest version of Mersey Fibre’s Minimum Download Speed Guarantee, published on the Website.
“Minimum Period” means, in relation to any Business Broadband Package (other than a Monthly Rolling Package), the minimum term of the Agreement as it relates to that Business Broadband Package as stated in the applicable Order, starting from the applicable Services Start Date.
“Monthly Rolling Package” means a Business Broadband Package, purchased by the Customer in relation to a Service, with no Minimum Period but which the Customer must give 30 days’ written notice (by email or letter) to terminate (unless termination takes effect under the switching process set out in Clause 11.4.1, in which case the provisions of that Clause apply).
”My Account” means the ”My Account” section of the Website, through which the Customer can access and make certain changes to its account details and can view latest invoices.
“Network” means the network utilised by Mersey Fibre to provide the Services.
“Order” means a request for provision of Services under this Agreement, submitted in the form required or such other form as is acceptable to Mersey Fibre.
“Order Cancellation Fee” means the one-off Charge, payable on demand, if the Customer cancels an Order prior to the Services Start Date, as detailed in the Guide to Charges and Fees for Business Customers.
(i) an Order for a Business Broadband Package during the Satisfaction Period; here the Order Cancellation Fee will cover the cost of any Services the Customer has been provided with until the time it cancels (including any costs related to installation and/or activation incurred by Mersey Fibre in provisioning the Order until cancellation) – see also the Guide to Charges and Fees for Business Customers; or
(ii) an Order for the Installation-only Service, prior to Mersey Fibre completing provision of that Order; here the Order Cancellation Fee will be as detailed in the Guide to Charges and Fees for Business Customers.
”Order Confirmation Email” means the email sent by Mersey Fibre to the Customer confirming acceptance of the Customer’s Order.
“Package Charge” means the monthly Charge payable to Mersey Fibre in advance in relation to an Order for a Business Broadband Package which is set out on an Order and/or Order Confirmation Email. Neither Call Charges nor Charges for Additional Services are included in the Package Charge.
“Premises” means the address specified in the Order where the Services are to be supplied.
“Privacy Policy” means Mersey Fibre’s Privacy and Cookie Policy as from time to time amended.
“Re-activation Fee” means the one-off Charge, payable on demand, for Mersey Fibre to reactivate a Customer’s Services once they have been terminated or suspended, as detailed in the Guide to Charges and Fees for Business Customers.
“Replacement Items Fee” means a Charge, payable by the Customer on demand, if Mersey Fibre needs to repair or replace any Equipment that Mersey Fibre provided to the Customer in connection with the Services. This Charge is detailed in the Guide to Charges and Fees for Business Customers.
“Satisfaction Period” means the period from the time Mersey Fibre sends the Customer its first Order Confirmation Email under the Agreement for a Business Broadband Package, up to (and including) the 30th day that the Business Broadband Service being provided under that Business Broadband Package is first active for the Customer’s use at the Premises (pursuant to the Customer’s first Order under the Agreement).
“Service(s)” means any of Mersey Fibre’s internet and/or telephone-related services ordered by the Customer, as set out on an Order from/on behalf of the Customer and subject to confirmation under Clause 2.3.
“Services Start Date” means, in relation to any Business Broadband Package or Additional Service, the date on which Mersey Fibre notifies the Customer by email that such Business Broadband Package or Additional Service has been activated.
“Service Termination Fee” means the one-off Charge payable by the Customer, at Mersey Fibre’s demand, if the Customer’s Services terminate before the end of any Minimum Period that applies to them. The Charge is calculated by reference to the remaining length of the Minimum Period and is detailed in the Guide to Charges and Fees for Business Customers.
”SLA” means the service level agreement in relation to remedying Faults in the Customer’s Services, as set out in Clauses 9.3 and 9.4.
“Standard Service” means the Landlord Service for which the Landlord pays Mersey Fibre directly, and which the Customer can access in their Premises once Mersey Fibre has accepted the Customer’s Order for, and has activated, the same.
”Static IP Address Fee” means the monthly Charge for any Additional Static IP address(es) (as detailed in the Guide to Charges and Fees for Business Customers and/or as set out in the Customer’s Order and/or Order Confirmation Email).
“Terms” means these Business Customer Terms of Service.
“Upgrade Services” means any Landlord Services (i) which the Customer may Order as an upgrade (for example with faster Service speed) or addition to the Standard Service (ii) which the Customer can access in their Premises upon Mersey Fibre accepting such Order and activating the Service, and (iii) for which the Customer pays Mersey Fibre directly.
“Website” means merseyfibre.co.uk or any other website address notified by Mersey Fibre to the Customer.
1.2. References herein to a “party” are to either Mersey Fibre or the Customer and to “parties” are to both of them.
1.3. References herein to “Clauses” are to the clauses comprising these Terms. Headings used herein are for guidance only and shall not affect the interpretation of this Agreement.
2. Orders
2.1. The Customer may request provision of the Services (i) by calling Mersey Fibre Sales and placing a telephone Order, (ii) by filling in and submitting the Mersey Fibre Business Order Form either on the Website or in paper format or (iii) by submitting an Order for Services in any other way that Mersey Fibre deems acceptable. Submission of an Order as per (i), (ii) or (iii) of this Clause 2.1 represents an offer by the Customer to purchase the Services on and subject to these Terms. Acceptance by Mersey Fibre of an Order as provided in Clause 2.3, subject to Clause 2.3(ii), shall create an Agreement between the parties incorporating the following documents: (a) these Terms; (b) the Customer’s Order (as set out on the Mersey Fibre Business Order Form and/or the Order Confirmation Email); (c) the latest applicable Contract Information Document (if relevant); (d) the latest applicable Contract Summary Document (if relevant) (e) the Guide to Charges and Fees for Business Customers; (f) the Privacy Policy; and (g) the AUP.
2.2. In the event of any conflict between the documents referenced in Clause 2.1, they shall be accorded priority in the order listed in that Clause, save where there is a conflict relating to pricing or the SLA, in which event the Customer’s Order as described at (b) in that Clause, the Contract Information Document and the Contract Summary Document take precedence over the Guide to Charges and Fees for Business Customers, which in turn takes precedence over the Terms. In the same way, the terms of any promotion set out in the Customer’s Order (as described at (b) in Clause 2.1)), the Contract Information Document and/or the Contract Summary Document take precedence over these Terms, insofar as they conflict with or differ from them.
2.3. Mersey Fibre may accept Orders in its sole discretion. Orders shall be accepted only upon the dispatch by Mersey Fibre of an Order Confirmation Email. No verbal communications shall be deemed to constitute acceptance nor shall acceptance be inferred from conduct (including without limitation installation under Clause 6.1). Upon delivery by Mersey Fibre to the Customer of an Order Confirmation Email, such Order shall be binding on both parties. Once accepted by Mersey Fibre, (i) each Order for Services shall create a separate Agreement between the parties governing provision of the Services requested therein; and (ii) any Order requesting the addition or removal of a Service to a previously accepted Order or requesting transfer to an alternative Business Broadband Package (as provided in Clause 6.4) shall be deemed an amendment to the Agreement between the parties relating to the original Business Broadband Package ordered by the Customer, reflecting the version of these Terms in force at the date of such amendment. Further, any Minimum Period in relation to such amended Services or such alternative Business Broadband Package as referred to in (ii) shall be as set out in Clause 6.4.
2.4. The Customer warrants that it contracts as a business customer and not as a consumer and that all information provided by it during the Order process and/or during the term of the Agreement is complete and accurate in all respects and is not misleading.
2.5. When ordering Services, the Customer shall provide Mersey Fibre with a valid email address which Mersey Fibre will register, along with any other details relevant to the Customer’s account with Mersey Fibre. Mersey Fibre will usually use this email address to contact the Customer though may also contact the Customer in writing at the Customer’s billing address or by telephone on any mobile or fixed telephone number the Customer has provided to Mersey Fibre. The Customer agrees to (i) keep such email address active and available; (ii) regularly check emails sent to such email address; and (iii) keep details in relation to its account with Mersey Fibre up to date. Where it is no longer possible for the Customer to keep such email address active, it must register a new email address with Mersey Fibre. The Customer can make any changes to its email information by accessing its account with Mersey Fibre through the “My Account” section of the Website or by contacting Business Support by telephone or email. The Customer will be treated as having read any email which Mersey Fibre may send to the email address then currently registered in relation to the Customer’s account with Mersey Fibre.
3. Services
3.1. Mersey Fibre shall provide each Business Broadband Package and/or Additional Service from the relevant Services Start Date on and subject to the terms of the Agreement.
4. Equipment
4.1. Mersey Fibre shall provide the Equipment, following acceptance of an Order in accordance with Clause 2.3.
4.2. The Customer acknowledges and agrees that:
(i) the Equipment (a) remains the property of Mersey Fibre; (b) may be used only to access the Services (and in accordance with any instructions Mersey Fibre provides); and (c) other than in relation to returning any Equipment in accordance with Clauses 4.5 and 4.6, must be retained at the Premises during the term of the Agreement and thereafter, unless Mersey Fibre agrees otherwise in writing;
(ii) the Charges have been calculated on this basis;
(iii) subject to Clauses 4.5 and 4.6, if any Equipment is damaged or removed, the Customer will be liable to pay the then current cost of installation and/or replacement;
(iv) it may not at any time (a) sell (either directly or indirectly), export, re-export or transfer the Equipment to anyone else or (b) use the Equipment outside the UK; and
(v) it must promptly provide Mersey Fibre with any information it requests in relation to the location of the Equipment.
Other than sub-paragraph (i)(b), this Clause 4.2 shall not apply to any Battery Back-Up Unit for which the Customer has paid a Battery Back-Up Unit Fee.
4.3. If the Customer has ordered a Total Wi-Fi Package, Mersey Fibre shall send the Customer:
(i) a WiFi Extender. If Mersey Fibre finds that one WiFi Extender is insufficient to improve the Wi-Fi signal at the Premises, Mersey Fibre might send the Customer a further WiFi Extender (though Mersey Fibre shall try other means of improving the Wi-Fi signal prior to doing so); and
(ii) if there is already a Mersey Fibre Router at the Premises but this Mersey Fibre Router is incompatible with WiFi Extenders, a new Mersey Fibre Router may be provided. If Mersey Fibre does this, the Customer shall return the old Mersey Fibre Router to Mersey Fibre at the address set out in Clause 4.6. The Customer is responsible for ensuring that the Mersey Fibre Router reaches Mersey Fibre in good working order. If Mersey Fibre does not receive it within 21 days of the Customer receiving their new Mersey Fibre Router, or does receive it but it is damaged or faulty, Mersey Fibre may charge the Customer the full replacement value.
4.4. The Customer shall not: (i) do anything or allow anything to be done at the Premises that may cause damage to or interfere with the Equipment or prevent use or easy access to it; or (ii) without prejudice to the generality of the foregoing, interfere or tamper with, sell, charge, mortgage or otherwise deal in or obstruct or remove or obscure notices attached to the Equipment nor allow any third party to do any of the foregoing.
4.5. In the event of a fault with the Equipment during the manufacturer’s warranty period, the Customer may contact Business Support and return the relevant item as directed. Mersey Fibre shall test and shall repair or replace the Equipment at no cost to the Customer save where Mersey Fibre reasonably believes that there is no fault or that the fault is due to the act, omission or negligence of the Customer, in which event the Customer shall be liable for payment of a Replacement Items Fee.
4.6. On termination (including cancellation) of the Agreement for any reason, the Customer shall return any Mersey Fibre Router, any WiFi Extender, any Free Battery Back-Up Unit (and, where the Customer has cancelled within the Satisfaction Period, any Battery Back-Up Unit which the Customer has purchased from Mersey Fibre) to Mersey Fibre at the following address: Returns, Mersey Fibre Limited, 15 Gibraltar Row, King Edward Industrial Estate, Liverpool, United Kingdom, L3 7HJ. The Customer shall ensure that these items reach Mersey Fibre in good working order and shall use any packaging or labels which Mersey Fibre provides for this purpose. If Mersey Fibre either does not receive the items within 14 days after the Agreement ends or does receive them but they are damaged or faulty, Mersey Fibre may charge the Customer the full replacement value.
5. Access To Premises and Permits
5.1. The Customer warrants that it is the current occupier of the Premises and either the freeholder of the Premises or a tenant under a lease with permission to install the Equipment at the Premises from the freeholder.
5.2. The Customer hereby: (i) grants to Mersey Fibre a licence to perform such works as may be required to install Apparatus at the Premises, to retain and use such Apparatus so-installed and to connect to, maintain, alter, replace and/or remove the same and (ii) agrees to grant access to the Premises for Mersey Fibre, its employees, agents and/or contractors to inspect the Apparatus and perform the tasks set out in (i).
5.3. In connection with installation works required to provide the Services, Mersey Fibre shall cause as little disturbance at the Premises as reasonably practicable and shall repair, to the Customer’s reasonable satisfaction, any damage occasioned by it.
5.4. The Customer shall follow any reasonable instructions given by Mersey Fibre in relation to the Apparatus and shall ensure that a representative is present at the Premises whenever access is required.
5.5. The Customer shall obtain any consent or permission that might be required from a third party to cross their land or install Equipment on their Premises, including procuring signature of a wayleave agreement in such form as Mersey Fibre may reasonably require. Mersey Fibre is not obliged to install or provide the Services unless all consents and permissions have been obtained. If the Customer fails to procure any necessary consent or permission, Mersey Fibre may terminate the Agreement (with immediate effect, if Mersey Fibre so wishes) and in such event the Customer shall only be charged for any costs incurred by Mersey Fibre prior to the date of termination.
6. Installation and Connection
6.1. Connection to the Services takes place via either a Mersey Fibre Fibre Connector or a Mersey Fibre wireless access point. If no Fibre Connector is available at the Premises when the Customer places an Order (and one is required for provision of the Services) or if, under an Order, Mersey Fibre agrees to move or re-wire a Fibre Connector already at the Premises or install an additional Fibre Connector at the Premises, such works shall be subject to payment of an Installation Fee.
6.2. Upon activation of the Services, save in relation to the Installation-only Service, Mersey Fibre shall assign to the Customer a single static IP address, except:
(i) where the Customer has purchased a 500Mbps (or slower than 1Gbps Business Broadband Service; or
(ii) in relation to any Customer Free Service,
when Mersey Fibre shall assign to the Customer a dynamic IP address. Use of the aforementioned static and dynamic IP addresses shall be free of charge. Any IP address so provided, along with any further IP addresses which Mersey Fibre may provide to the Customer for use, remain the property of Mersey Fibre and are for use solely in connection with the Services. The Customer cannot sell them or agree to transfer them to anyone else and must not try to do so. They shall revert to and may be reassigned by Mersey Fibre on disconnection of the Services or termination of the Agreement.
6.3. The speed and performance of the Business Broadband Service will depend on a number of factors, some of which are outside Mersey Fibre’s control. The Business Broadband Service will operate at its fastest where the Customer uses an Ethernet cable to connect directly to its Mersey Fibre Router (or, if applicable, the Mersey Fibre wireless access point in its Premises), though there will be some loss of throughput speed. Any applicable Contract Information Document and/or Contract Summary Document which Mersey Fibre sent to the Customer will set out speed-related information about the Customer’s Business Broadband Service. Mersey Fibre does not warrant or represent that the connection will reach any given speeds or that maximum transmission speeds can be obtained at any given time, other than as set out in the Minimum Download Speed Guarantee. Mersey Fibre shall use its reasonable endeavours to inform the Customer of any issues affecting the Services and shall attempt to resolve them as soon as reasonably practicable.
6.4. The Customer may by written (email or letter) or telephone request to Mersey Fibre (i) transfer its chosen Business Broadband Package to any other Business Broadband Package then available at the Premises; or (ii) add or remove any Additional Service, subject in each case to Mersey Fibre’s agreement to the same. However no transfer from a Business Broadband Package with a Minimum Period to a Monthly Rolling Package will be permitted unless the Customer first terminates their existing Business Broadband Package and pays any applicable Service Termination Fee. If the Customer transfers to another Business Broadband Package during any Minimum Period applicable to their existing Business Broadband Package, the Minimum Period applicable to their new Business Broadband Package (which shall start from the date the Customer starts receiving its new Business Broadband Package) shall be whichever is longer – the remaining Minimum Period of the previous Business Broadband Package or the full Minimum Period that would otherwise apply to the new one. For the avoidance of doubt, where a Customer transfers from a Monthly Rolling Package to a Business Broadband Package with a Minimum Period, the full Minimum Period of the new Business Broadband Package shall apply. The addition or removal of any Additional Service shall not restart any Minimum Period applicable to the Customer’s Business Broadband Package.
6.5. If Mersey Fibre fails to connect the Services in an Order for more than 30 days following the date that Order is accepted in accordance with Clause 2.3, and such failure does not result from the act or omission of the Customer, the Customer may terminate the Agreement in respect of the relevant Service(s) by written notice, such notice to be served at any time prior to such Service(s) being activated. In such event, any Charges already paid by the Customer in respect of such Service(s) shall be refunded to it.
6.6. The Customer agrees that any connection dates provided by Mersey Fibre are estimates only. Mersey Fibre shall not be liable to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any delay in installing or activating the Services or otherwise for any failure to achieve such dates.
6.7. Mersey Fibre’s sole obligation hereunder is to make the Services available to the Customer. The Customer shall be responsible for ensuring that it is able to access the Services, including (if this is required for such access) for ensuring that it uses a router or an Ethernet cable capable of connecting to the Services. Mersey Fibre shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise under or in connection with this Agreement for the Customer’s failure to access the Services.
6.8. The Customer may cancel this Agreement (along with the Services ordered/provided under it) at any time during the Satisfaction Period, by notifying its cancellation request to contact@merseyfibre.co.uk either at or on 0151 279 2000, Cancellation takes immediate effect on notification. The Customer may only exercise this right in respect of the first Order for Services it makes under this Agreement which Order includes a Business Broadband Package. This right is not applicable to any further Services the Customer orders or to other changes the Customer requests that Mersey Fibre makes to the Services. Where the Customer exercises this cancellation right, Mersey Fibre can charge the Customer an Order Cancellation Fee. On cancellation within the Satisfaction Period, the Customer must return to Mersey Fibre any Equipment which Mersey Fibre sent the Customer, in accordance with Clause 4.6.
7. Multi-Tenanted Buildings
7.1. This Clause 7 applies where a Landlord of multiple dwelling units within a Building has entered into a Landlord Agreement with Mersey Fibre under which Mersey Fibre agreed to provide Services to tenants of that Building, which the Customer can order under this Agreement (“Landlord Services”). Landlord Services include Services for which the Customer pays Mersey Fibre directly (“Upgrade Services”), if any, and Services for which the Landlord pays Mersey Fibre (“Standard Service”). Both the Upgrade Services and the Standard Service are Services which can be accessed in the Premises. By purchasing an Upgrade Service, the Customer may be able to choose a Business Broadband Package with a higher Business Broadband Service speed (or better Business Broadband Service coverage within the Premises) than with the Standard Service, and/or Additional Services. To receive any Landlord Services, the Customer must submit an Order to Mersey Fibre in respect of the same. In addition, it may be the case that Mersey Fibre is providing the Landlord with a Wi-Fi service in the common parts of the Building. The Landlord may permit the Customer to use this Wi-Fi service (but only if the Customer adheres to the AUP in respect of such use) – however, this Wi-Fi service shall not form part of the Landlord Services and the Customer shall not be Mersey Fibre’s customer in respect of it.
7.2. Mersey Fibre shall only provide the Landlord Services to the Customer, as set out in their Order Confirmation Email:
(i) under and in accordance with this Agreement; and
(ii) if (and as long as) the Customer complies with the terms of this Agreement.
7.3. Further, provision of the Landlord Services is subject to the terms of the applicable Landlord Agreement. Without limitation to the foregoing, the Customer accepts and agrees that Mersey Fibre may suspend or terminate provision of the Landlord Services if:
(i) this is permitted under the Landlord Agreement (including, without limitation, if the Landlord fails to pay amounts to Mersey Fibre when due);
(ii) the Landlord requests Mersey Fibre to do so (as permitted under the Landlord Agreement); or
(iii) the Landlord Agreement terminates,
and Mersey Fibre shall have no liability in relation to this. (In such circumstances, however, it may be possible for the Customer to order similar Services to the Landlord Services directly from Mersey Fibre.)
7.4. If the Customer fails to pay for any Upgrade Services that it ordered, Mersey Fibre may suspend or terminate provision of the same (see Clause 11.6). In addition, Mersey Fibre may (if and as agreed with the Landlord) suspend provision to the Customer of the underlying Standard Service and the Customer may be prevented from using any Wi-Fi service that Mersey Fibre is providing to the Landlord in the common parts of the Building, until Mersey Fibre receives full payment of the outstanding amount for the Upgrade Services including any applicable interest and VAT thereon.
7.5. Mersey Fibre and the Landlord shall between them deal with any problems relating to installation works in connection with the Services.
7.6. The Customer can report faults with the Landlord Services to Mersey Fibre directly. If Mersey Fibre incurs additional costs in investigating and fixing these faults or conducting related works at the Customer’s direction, and if so directed to the Landlord, Mersey Fibre may invoice these amounts to the Customer directly. In such cases, the Customer agrees to pay such amounts in accordance with these Terms.
7.7. If Mersey Fibre provides the Customer with Landlord Services via one or more Mersey Fibre wireless access points, Mersey Fibre shall email the Customer with any details the Customer will require to access those Services. The Customer must use the same log-in details on each device the Customer wishes to connect to those Services.
7.8. The Customer acknowledges that Mersey Fibre can only provide Upgrade Services while it is also providing the Standard Service In the event that the Standard Service is suspended or terminated, including without limitation if the Landlord fails to pay amounts owed to Mersey Fibre, the Upgrade Services will also cease to be available. Mersey Fibre shall have no liability for any such non-availability of the Landlord Services
8. Payment Terms and Charges
8.1. The Customer shall pay the Charges and any VAT that may apply in relation to them in accordance with this Clause 8. The Charges are as agreed in the terms of the relevant Order (and/or as set out in the Customer’s Order Confirmation Email). Any Charges not so agreed shall be as stated on the Website or in the Guide to Charges and Fees for Business Customers, as amended or updated from time to time in accordance with Clause 20.
8.2. All recurring Charges are payable from the relevant Services Start Date and shall be collected (along with any applicable VAT) in advance. Call Charges will be collected (along with any applicable VAT) in arrears. If possible, Call Charges will appear on the immediately subsequent invoice, but they may instead be included on a later invoice. One-off charges (along with any applicable VAT) are payable as incurred.
8.3. Save in respect of the Installation-only Service, the Customer will receive their first invoice relating to the Services on the day after the Services Start Date for their first Order for Services under this Agreement. This invoice will include a Package Charge amount (and any applicable Charges in relation to Additional Services) for the first month of Services, as well as any applicable Activation Charge and/or Installation Fee and/or other Charge in connection with the Customer’s initial Order. The Customer will receive all subsequent monthly invoices (for the next month's Package Charge and (if applicable) Additional Services or other Charges incurred prior to that invoice) on the same date in the month as the Services Start Date (or, for any month where that date does not exist, on the last day of that month). The amount set out in an invoice, plus any applicable VAT thereon, will be debited from the Customer’s bank account, as agreed when the Order was placed, 14 calendar days after the invoice date. If this direct debit fails, Mersey Fibre may attempt to take the invoiced amount by direct debit again, 5 Business Days later.
8.4. All invoices will be issued via email 14 calendar days prior to the due payment date.
8.5. Unless agreed otherwise with Mersey Fibre, when the Customer places an Order, it must provide its bank account details and agree to pay invoices in respect of its Services by direct debit. The Customer shall pay all Charges by direct debit only save that the Customer may use a Mersey Fibre-approved debit or credit card to pay for an Installation-only Service or (at Mersey Fibre’s request) to make an interim payment relating to Call Charges incurred. The Customer shall notify Mersey Fibre immediately of any change in the bank details it previously notified to Mersey Fibre in connection with its Services. Mersey Fibre may charge a £10 “Direct Debit Return Fee” by way of compensation for any direct debit payments which are not honoured for any reason. Further, Mersey Fibre may charge the Customer a Re-activation Fee (as set out in the Guide to Charges and Fees for Business Customers) where it re-activates the Customer’s Services, after those Services have been suspended or disconnected for any reason. Where the Customer orders any Battery Back-Up Unit(s), Mersey Fibre shall charge the Customer a Battery Back-Up Unit Fee in respect of the same (as set out in the Guide to Charges and Fees for Business Customers and/or the Customer’s Order or Order Confirmation Email).
8.6. The Customer shall pay all sums due in full on or prior to the due date, as provided in Clause 8.3. No deductions or withholdings are permitted except as required by law.
8.7. Mersey Fibre may charge interest on overdue amounts from the due date until payment in full (whether before or after judgment) at the annual rate of 4% per annum above the base rate of Metro Bank plc from time to time.
8.8. Reserved.
8.9. Reserved.
8.10. If the Customer disputes the amount of any invoice, it shall notify Mersey Fibre forthwith and shall pay any amounts not disputed. Mersey Fibre will not suspend or end the Services while it investigates any dispute notified to it as provided in this Clause 8.10.
8.11. All prices shown on the Order, on the Website at merseyfibre.co.uk/business, which may be charged as applicable and shall be payable as provided in this Clause 8.
8.11. If Mersey Fibre owes the Customer a refund, this will be included as a credit in the Customer’s next monthly invoice. If, at the time of the refund, the Agreement has terminated and/or no further amounts shall be invoiced to the Customer under the Agreement, Mersey Fibre shall credit the amount back to the bank account from which the relevant payment for the Services was made.
8.12. If Mersey Fibre owes the Customer a refund, this will be included as a credit in the Customer’s next monthly invoice. If, at the time of the refund, the Agreement has terminated and/or no further amounts shall be invoiced to the Customer under the Agreement, Mersey Fibre shall credit the amount back to the bank account from which the relevant payment for the Services was made.
9. Service Interruptions
9.1. Mersey Fibre may from time to time (i) alter, interrupt, suspend or make changes to the Services for operational or technical reasons; (ii) make changes to area codes, phone or access numbers; and/or (iii) make changes to technical specifications, including limits for transferring information which are associated with the Services.
9.2. Mersey Fibre shall take all reasonable steps to minimise the effect of any interruptions or disruptions and try to restore the Services as soon as reasonably possible but the Customer acknowledges and agrees that: (i) it is technically impossible for Mersey Fibre to provide an uninterrupted or fault-free Service; (ii) no warranty or representation is made in respect of the same; and (iii) all implied terms and conditions to such effect are excluded. If Mersey Fibre makes any of the changes mentioned in Clause 9.1 or will need to suspend its Services for any of the reasons mention in Clause 9.1, Mersey Fibre will try to notify the Customer of this, where the Services will be significantly affected.
9.3. Mersey Fibre commits to remedy all Faults as follows:
for Business Broadband Packages, within 24 hours of the Customer reporting the same;
(a) where the affected Service is Mersey Fibre’s 150Mbps Business Broadband Service, by 23:59 on the second Business Day from and after the day on which the Customer reports the same (and for these purposes, if the Customer reports a Fault after 5.30pm on a Business Day, or at any time on a day which is not a Business Day, they are deemed to have reported it on the next following Business Day);
(b) where the affected Service is faster than 150Mbps Business Broadband Service, by 23:59 on the Business Day from and after the day on which the Customer reports the same (and for these purposes, if the Customer reports a Fault after 5.30pm on a Business Day, or at any time on a day which is not a Business Day, they are deemed to have reported it on the next following Business Day); or
(iii) if applicable, within such other time period, as set out in the Customer’s Order Confirmation Email and/or Mersey Fibre Business Order Form, of the Customer reporting the same.
The Customer shall report all Faults by telephoning or emailing Business Support or by contacting Business Support using the “Chat” function on the Website, and giving details of the Fault, with sufficient information for Mersey Fibre to identify the Customer and Services affected. The remedy time is calculated from and after the time at which a Fault is reported (or is deemed to have been reported) in accordance with this Clause 9.3 and ends when Mersey Fibre closes its maintenance log concerning such Fault.
9.4. Subject to Clauses 9.5 and 9.6, in the event that Mersey Fibre fails to remedy any correctly reported Fault within the applicable SLA period stated in Clause 9.3 (the “SLA Period”), it shall grant the Customer a single credit for that reported Fault as follows:
(i) if the affected Service was provided with a Business Broadband Package
(a) £20 for its 250Mbps and 500Mbps Business Broadband Service; and
(b) £30 for its 1Gbps and 10Gbps Business Broadband Service
(unless the parties agree otherwise in writing), such credit to be applied by Mersey Fibre against the Package Charges; or
(ii) in respect of each consecutive calendar day that the Fault remains unremedied following expiry of the applicable SLA Period (an “SLA Day”):
(a) for Mersey Fibre’s 150Mbps or 500Mbps Business Broadband Service, an amount equivalent to either 50% of the Per Day Package Charge Amount if the fault is fixed by 1.00pm on an SLA Day or 100% of the Per Day Package Charge Amount if it is not fixed by 1.00pm on that SLA Day. The “Per Day Package Charge Amount” is the amount that Mersey Fibre charges the Customer for 1 day of that Service during the period that the Fault is in effect. The total credit amount payable in relation to the Fault shall be capped at 10 times the Per Day Package Charge Amount; or
(b) for Mersey Fibre’s 500Mbps (or a faster than 150Mb) Business Broadband Service, an amount equivalent to either 50% of the Per Week Package Charge Amount if the fault is fixed by 1.00pm on an SLA Day or 100% of the per Week Package Charge Amount if it is not fixed by 1.00pm on that SLA Day. The “Per Week Package Charge Amount” is the amount that Mersey Fibre charges the Customer for 1 week of that Service during the period that the Fault is in effect. The total credit amount payable in relation to the Fault shall be capped at 10 times the Per Week Package Charge Amount.
The Customer agrees that such payment represents the Customer’s sole remedy and Mersey Fibre’s sole liability in contract, tort (including negligence) or otherwise for any beach of Clause 9.3, for Faults and for any other failures in the Services.
9.5. The SLA set out in Clauses 9.3 and 9.4 shall not apply: (i) to a Fault caused by (or as a result of) Force Majeure or by anyone other than Mersey Fibre (including without limitation Faults caused by the action or inaction of the Customer or of a third party supplier) or to a failure within equipment provided by the Customer or otherwise outside the Network; (ii) if, following reporting of the Fault, Mersey Fibre is unable to contact the Customer or the Customer does not provide access to the Premises when reasonably required or is unavailable to take delivery of a replacement router or fails to provide such other assistance as Mersey Fibre may reasonably require; (iii) to the extent that Mersey Fibre is prevented, delayed or hindered in or from remedying a Fault within the agreed remedy period as a result of Force Majeure; or (iv) if Mersey Fibre is unable to find a Fault or the Customer cancels the Fault report prior to the Fault being remedied.
9.6. To be eligible for a credit (as detailed in Clause 9.4), the Customer must notify Mersey Fibre by telephoning or emailing Business Support, by contacting Business Support using the “Chat” function on the Website, or by such other method as Mersey Fibre may from time to time permit or require as stated on the Website within 30 days from the date the reported Fault is remedied, giving details of that Fault. The Customer may only claim 1 credit per reported Fault or series of connected reported Faults.
10. Moving Premises
10.1. The Customer shall notify our support team if it is planning to move to new premises. Mersey Fibre can only provide its Services at such new premises if these are already set up to be connected to Mersey Fibre’s Network at the time of the move. If Mersey Fibre does provide its Services to the Customer at the new premises, Mersey Fibre will be entitled to treat the Customer as a new Customer. This means that the Customer will have to go through the ordering process again and may be liable to pay an Activation Charge and Installation Fee in relation to Mersey Fibre’s provision of Services at such new premises. The Customer may, however, be able to use the Equipment previously provided by Mersey Fibre. Where the Customer requests (and Mersey Fibre is able to provide) Services at the new premises, Mersey Fibre will provide further information regarding the applicable Charges during the relevant ordering process.
10.2. If Mersey Fibre cannot provide its Services at the new premises, the Customer may terminate the Agreement in accordance with Clause 11.4 below and the provisions of that Clause shall apply to such termination.
11. Term of Agreement, Suspension, Restriction and Termination
11.1. As provided in Clause 2, the Customer offers to subscribe for the Services on these Terms when it submits an Order and the Agreement between the parties starts on the date Mersey Fibre accepts the Order.
11.2. The Services shall be provided with effect from the relevant Services Start Date. Mersey Fibre may terminate the Agreement with immediate effect in relation to any Services without liability, at any time prior to the Services Start Date: (i) if the Customer fails a credit check; (ii) if the bank, debit or credit card details provided are not valid or incorrect; (iii) if the Customer fails to pay any Charges when due; (iv) if the Customer has previously misused services provided by Mersey Fibre; (v) if Mersey Fibre is unable to provide the Services to the Premises for any reason; or (vi) for any other (or no) reason at its sole discretion. If Mersey Fibre terminates the Agreement as provided in this Clause 11.2 other than as a result of the Customer’s act or omission including for the reasons set out in (i) to (iv) in the preceding sentence, any Charges paid by the Customer in respect of the relevant Services shall be refunded.
11.3. The Customer may cancel the Services at any time prior to the relevant Services Start Date, subject to payment of the Order Cancellation Fee.
11.4.1. If, in relation to the Premises, the Customer decides to switch, from the Services, to another provider’s broadband, under an Ofcom-prescribed switching process carried out by that other provider, that other provider may contact Mersey Fibre directly (with the Customer’s permission) to arrange for the Services to terminate upon completion of the switch. In such a case, Mersey Fibre shall terminate the Services as soon as technically possible after receiving notification from the other provider that the other provider has activated the Customer’s new (switched) services. Note that Mersey Fibre shall treat any switch request received from that other provider as notice to terminate the Customer’s Services per that request. If the switch completes within 30 days from the date of that request, Mersey Fibre shall nevertheless be entitled to charge the Customer as if the Customer had received the Services for 30 days following that request. Any switch that completes during a Minimum Period relating to the relevant terminated Services shall be subject to payment of the applicable Service Termination Fee.
11.4.2. The Customer may terminate the Agreement or any Service (in circumstances other than those set out in Clause 11.4.1) by giving Mersey Fibre at least 30 (but no more than 180) days’ written (by email or letter) notice, and in order for a notice period longer than 30 days to be applied to such termination, this longer notice period must be specified as an exact number of days (or using an exact termination date) and be requested by the Customer in such written notice. This 30 (or, if and as specifically requested by the Customer, up to 180) day notice period shall run from receipt by Mersey Fibre of the Customer's written notice to terminate, provided that termination of a Business Broadband Package during any Minimum Period applicable to it shall be subject to payment of the applicable Service Termination Fee.
11.5. The Customer understands that if it changes to a different Business Broadband Package, then the Charges for the Services in the new Business Broadband Package might increase. For the avoidance of doubt, any Additional Services can only be made available to the Customer if and for as long as the Customer subscribes for the Business Broadband Service. Termination of a Business Broadband Package shall automatically effect a termination of any Additional Services provided in conjunction with it.
11.6. Mersey Fibre may terminate the Agreement and any other agreement between the parties in respect of some or all Services or, at its option, restrict or suspend some or all of the Services
11.6.1 immediately without notice if:
(i) the Customer fails to pay, by the due date, any money owed (although Mersey Fibre will provide notification to the Customer’s current registered email address prior to taking this action) or cancels the direct debit for the Services without agreeing another form of payment;
(ii) the Customer misuses any of the Services in contravention of the AUP
(iii) Reserved.
(iv) Mersey Fibre reasonably believes that the Customer has provided false, inaccurate or misleading information in connection with the Agreement;
(v) Mersey Fibre reasonably believes that the Customer or any user of the Services has committed, or may be committing, a fraud by using the Services or the Equipment (or both);
(vi) a Customer representative acts towards Mersey Fibre’s staff or agents in a manner that Mersey Fibre considers inappropriate;
(vii) any permission or authorisation under which Mersey Fibre is entitled to connect, maintain, modify or replace the Equipment or provide the Services is suspended or ends for any reason;
(viii). in Mersey Fibre’s reasonable opinion, it is necessary to do so for Mersey Fibre to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
(ix) in Mersey Fibre’s reasonable opinion, it is necessary to do so for security, technical or operational reasons; or
(x) if Mersey Fibre is entitled to do so under Clause 7; or
11.6.2. on 30 days’ written notice, for any other reason (or no reason) without cause.
11.7. Reserved.
11.8. Either party may terminate the Agreement on 30 days' written notice to the other if:
11.8.1. there has been a material breach of the Agreement by the other party which is not remedied within 30 days of a written notice requiring such remedy;
11.8.2. an event, outside Mersey Fibre’s reasonable control, prevents continued provision of the Services for a single period of more than 30 days; or
11.8.3. the other party is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); becomes insolvent or bankrupt; is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); makes an application to a court of competent jurisdiction for protection from its creditors generally; has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; enters into or proposes any composition or arrangement with its creditors generally; or if any legal action is taken or threatened against the other’s property or either party is subject to any analogous event or proceeding in any applicable jurisdiction.
11.9. The restriction or suspension of Services under this Agreement shall not relieve the Customer of its obligation to pay the Charges. If Mersey Fibre terminates the Agreement in accordance with this Clause 11 or otherwise in accordance with the Agreement (other than without cause) it may invoice the Customer for and the Customer shall pay (i) either the Service Termination Fee if the Customer is within any Minimum Period with respect to its Business Broadband Package or if the Customer is not within such Minimum Period, an amount equal to what the Customer would have to pay for that Business Broadband Package if it were still receiving them for a further 30 days after the date they were terminated; and (ii) Charges for any Additional Services, as if the Customer still had them for another 30 days after their termination.
11.10. Termination of the Agreement shall not affect: (i) any obligations or rights of the parties which arose or accrued prior to, or which expressly survive, termination of this Agreement or (ii) the continuation in force of Clauses 4.2, 4.3, 4.4, 4.6, 5, 7.3, 8, 9.2, this Clause 11.10, 12.3, 14, 15, 16.4-16.7 and 19.
11.11. Unless Mersey Fibre provides written consent to the contrary, the Customer acknowledges and agrees that: (i) the Service is provided for use at and within the Premises only; (ii) the Customer shall not resell the Service to other persons whether for profit or otherwise and shall not charge other persons for use of the Service; and (iii) the Customer shall not use the Service to operate as an Internet service provider or to operate any server services to other persons (this includes without limitation HTTP/web, SMTP/mail and FTP/file transfer services).
12. Use of the Services
12.1. The Customer shall ensure that all use of the Services is at all times compliant with the AUP. The Customer hereby indemnifies Mersey Fibre in respect of (i) all third party claims, actions or proceedings brought or threatened against Mersey Fibre arising in connection with the use or misuse of the Services or any breach or contravention of these Terms or the Agreement (“Claims”) and (ii) all costs (including legal costs), losses and damages arising in connection with such Claims.
12.2. Reserved.
12.3. The Customer shall keep all security information safe and promptly inform Mersey Fibre of any improper disclosure of such security information or unauthorised use of the Services. Mersey Fibre shall have no liability to the Customer in contract, tort (including negligence or breach of statutory duty) or otherwise for any costs, losses or damages caused by a third party gaining access to the Services, the Equipment or any equipment, software or data provided by the Customer.
12.4. The Customer shall ensure that any equipment and software used by it in connection with the Services and/or connected to the Network complies with all Applicable Laws and bears either the European Consumer Equipment Standards 'CE' mark or the UK’s Consumer Equipment Standards ‘UKCA’ mark, is compatible with the Equipment and that the Customer has all necessary licenses required in connection with such use and connection.
12.5. The Customer shall not use a Battery Back-Up Unit to provide their Mersey Fibre Router, or any Mersey Fibre optical network terminal (ONT) or fibre/media converter, with back-up power without fully understanding, accepting and following the provisions of the Battery Back-Up Unit Guide.
13. Reserved.
14. Liability
14.1. Mersey Fibre’s duty in performing its obligations hereunder is to exercise the reasonable care and skill of a competent service provider only. Mersey Fibre gives no warranty that (i) the Services will be free of Faults or uninterrupted or (ii) the Equipment will never be faulty.
14.2. Subject to Clause 14.5, neither Mersey Fibre nor any other company in Mersey Fibre’s group (nor any person connected with Mersey Fibre or such other company) shall be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with this Agreement for any indirect or consequential loss or damage or for any of the following whether direct or indirect and whether or not reasonably foreseeable: (i) loss of income or revenue; (ii) loss of business or opportunity; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss, corruption or the release of data (including personal data), information or software; (vi) loss of goodwill; (vii) the cost of procuring substitute goods or services; (viii) wasted management or office time; (ix) losses from the Customer breaching the Agreement or using the Services in a manner that breaches the Agreement; (x) loss or damage caused by malware or the unauthorised use of the Services on any of the Customer’s devices (or those of any other user of the Services); (xi) losses from the failure of safety, security or other alarm system due to their incompatibility with the Services or for any other reason for which Mersey Fibre is not at fault; (xii) loss or damage from the Customer using any equipment not supplied by Mersey Fibre; (xiii) claims against Mersey Fibre arising from the breach of any implied term, condition or warranty, to the extent these can be excluded by law.
14.3. Subject to Clause 14.5, Mersey Fibre shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any loss or damage incurred by the Customer or any user of the Services or the Website in connection with the use, inability to use, or results of the use of the Services, the Equipment or additional equipment or Website, any websites linked to it or accessed through the Network and any materials posted on the Website or any such other websites, including losses from delays or interruptions to the Services, irrespective of whether any such loss or damage was foreseeable save that this Clause 14.3 shall not preclude claims for loss of or damage to tangible property arising from Mersey Fibre’s negligence.
14.4. Subject to Clause 14.5 and save as expressly set out in these Terms, Mersey Fibre’s aggregate liability to the Customer in contract, tort (including negligence and breach of statutory duty) or otherwise under or in connection with the Agreement for any claims arising in any calendar year shall not exceed 125% of the Charges due in that calendar year.
14.5. Nothing in the Agreement shall limit or exclude Mersey Fibre’s liability for (i) death or personal injury arising from its (or its employees’, contractors’ or agents’) negligence; (ii) fraudulent misrepresentation or misrepresentation as to a fundamental matter; or (iii) any other liability which cannot be excluded or limited under Applicable Law.
14.6. Except as set out in Clauses 14.1 to 14.5, Mersey Fibre accepts no liability for loss or damage caused by a person other than the Customer accessing the Customer’s connection to the Services, any computer or device of the Customer, the Equipment or any related equipment (including additional equipment) or accessing, destroying or distorting any data or information held by Mersey Fibre.
14.7. Mersey Fibre is not liable for goods or services supplied to the Customer (or to any other person using the Services) under a separate agreement with another supplier, even if they were acquired through the Network.
14.8. The Customer shall at all times be under a duty to mitigate any losses suffered by it.
15. Force Majeure
Mersey Fibre shall not be liable in contract, tort (including negligence and breach of statutory duty) or otherwise if it is prevented, hindered or delayed in or from performing its obligations under the Agreement, to the extent that this is attributable to Force Majeure.
16. Other General Provisions
16.1. Failure by either party to exercise or enforce any right conferred by the Agreement or at law or in equity shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right or remedy on any later occasion. Except as expressly provided, remedies shall be deemed cumulative and not exclusive.
16.2. The Customer shall not assign or delegate all or any of its rights and obligations under the Agreement without Mersey Fibre’s prior written consent.
16.3. The Customer acknowledges and agrees that Mersey Fibre may make enquiries about the Customer for credit reference purposes, including searching records held by Experian, Equifax and/or any other credit reference agency or fraud protection scheme. Mersey Fibre shall hold any data relating to the Customer it obtains from such enquiries in accordance with the Privacy Policy.
16.4. The Customer shall keep confidential all non-public information disclosed to it concerning Mersey Fibre and its business. Mersey Fibre shall use and retain information provided by the Customer in accordance with the Privacy Policy.
16.5. Each term of the Agreement shall be treated as a separate provision. If a court, arbitrator or any government agency stipulates that any part of the Agreement is unenforceable, unreasonable or invalid, the remaining provisions of the Agreement will still be valid and enforceable.
16.6. No third party is entitled to enforce any term under the Agreement under the Contracts (Rights of Third Parties) Act 1999.
16.7. The Agreement sets out the entire agreement between the parties relating to the provision of the Services and supersedes any and all previous agreements and understandings with respect to such provision. The Customer acknowledges that it does not enter into the Agreement in reliance on any representation not contained in this Agreement and in the event of actionable misrepresentation (other than fraudulent misrepresentation) the only remedy available shall be a claim for breach of contract. All conditions, warranties and other terms which might otherwise be implied by law or equity are hereby excluded.
17. Notices
17.1. The Customer may contact Mersey Fibre in any of the following ways:
(i) by emailing Support at support@merseyfibre.co.uk
(ii) by telephoning Support on 0151 279 2001 or
(iii) where the Agreement specifies that the Customer should contact Mersey Fibre by letter, the Customer should write to Mersey Fibre at: “15 Gibraltar Row, King Edward Industrial Estate, Liverpool, United Kingdom, L3 7HJ”.
17.2. The Customer shall post any notices or other communications required under the Agreement to Mersey Fibre at the address in (iv) above, even where the Customer has notified Mersey Fibre of the same, in another manner.
17.3. Mersey Fibre may contact and serve notices on the Customer by email at the email address provided during the Order process, as updated from time to time through the “My Account” section of the Website. It may also use the Customer’s postal address, mobile or fixed phone number as it deems appropriate.
18. Complaints
18.1. Mersey Fibre has a procedure for handling complaints relating to breaches of the Agreement. Complaints should be made by email to complaints@merseyfibre.co.uk but can also be made by contacting Sales and Customer Services on 0151 279 2000. However, a Customer should note that where it has made a complaint by telephone, it must also confirm all relevant information in writing (by email or letter), in order for Mersey Fibre to investigate the complaint properly.
18.2. Mersey Fibre has a specific procedure for handling complaints from its residential customers, its “small business customers” and its “small not-for-profit customers”, details of which are set out in the Complaints Code of Practice. For this purpose:
(i) “small business customer” means any of Mersey Fibre’s business customers with 10 or fewer individual workers (including volunteers); and
(ii) “small not-for-profit customer” means any of Mersey Fibre’s business customers for with 10 or fewer individual workers (excluding volunteers) and which, under its own constitution or by law, is (a) required (after paying its expenses/outgoings) to use all its income, and any capital it spends, for charitable or public purposes and (b) prohibited from (directly or indirectly) distributing any of its assets to its members, except for charitable or public purposes).
If Mersey Fibre is unable to resolve any complaint or dispute that a Customer, which is such a small business customer or small not-for-profit customer, may have in relation to Mersey Fibre and/or its Services, that Customer may refer the matter to Communications Ombudsman, an independent dispute resolution service, which will be free for such Customer to use. Any such Customer should note that Communications Ombudsman will only deal with their complaint or dispute after that Customer has already followed Mersey Fibre’s internal complaints procedure in full. Further details relating to Communications Ombudsman are set out in the Complaints Code of Practice.
18.3. To report any illegal or unacceptable use of the Services, the Customer should email abuse@merseyfibre.co.uk, providing full contact details and as much evidence as possible to assist Mersey Fibre in investigating the matter (such as a copy of the message and/or headers, the full URLs or log files showing any unauthorised account access).
19. Jurisdiction and Applicable Law
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Subject to Clause 18.2 above, the English courts shall have exclusive jurisdiction over any claim arising from, or related to, the Agreement although Mersey Fibre may initiate proceedings for breach of the Agreement in any other relevant country.
20. Changes to the Charges, These Terms and/or the Services
20.1. Mersey Fibre may at any time and from time to time amend the Agreement (including without limitation varying the Charges and making changes to the Services) by publishing such changes on the Website, except that where the Customer orders a Business Broadband Package on or after 5 December 2023, Mersey Fibre shall not change the Package Charge for that Business Broadband Package during its Minimum Period, unless the change is directly imposed by law (e.g. a change in the rate of VAT). Subject to Clause 20.2, any changes introduced by Mersey Fibre under this Clause 20.1 shall become binding on both parties upon such publication.
20.2. If Mersey Fibre makes any change to the Agreement or the Services then unless that change is exclusively for the Customer’s benefit, or is purely administrative with no negative effect on the Customer, or is directly imposed by law:
(i) Mersey Fibre shall give the Customer not less than 30 days’ written notice via email of that change; and
(ii) depending on the notified change, the Customer may be able to terminate the Agreement or the Service(s) affected by the change (Mersey Fibre’s email notice will set out the options available to the Customer), without incurring any Charges for so terminating, as long as the Customer gives Mersey Fibre written notice (by email or letter) of its wish to terminate (in accordance with Mersey Fibre’s email notice), within 30 days of the Customer receiving that notice.
20.3. Mersey Fibre shall notify the Customer of any other changes to the Agreement via email.
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