Mersey Fibre Residential Customer Terms of Service
These Terms are effective from 1st July 2024.
These are our Terms of Service for Residential Customers who’ve ordered and/or purchased our installation and broadband services.
Please take time to read them as they contain important information about the services we’re providing you with.
If you order or purchase any of our services (or are otherwise required to comply with our Residential Customer Terms of Service in connection with using our services), you’re agreeing to all the terms and conditions set out below and they become part of a legal agreement (or “contract”) between Mersey Fibre Limited and you.
Some of the words we use in this document have particular meanings (we’ve given the first letter of these words a capital letter). If their meaning is not explained where we’ve used them, they may be explained at the end of this document in Clause 22 (“Definition of the Words Used in these Terms”).
1. ABOUT US
Mersey Fibre Limited Ltd (“Mersey Fibre”) is an internet service provider (“ISP”). We’re a limited company registered in England and Wales under company number 15599549 and our registered office and main trading address is at Unit 15 Gibraltar Row, Liverpool, England, L3 7HJ. We’re regulated in the UK by Ofcom and are signed up to the Communications Ombudsman (an independent dispute resolution service) – there are more details about this in Clause 19 (“Complaints”).
2. THESE TERMS OF SERVICE
2.1 These Residential Customer Terms of Service (“Terms”) are part of your legally binding Residential Customer Service Agreement (“Agreement”) with us. The other documents which are part of this Agreement are listed below. The Agreement sets out the terms and conditions for our supplying you with any of the following services: our Installation-only Service; Internet Service; or any Additional Service (we refer to all these as “Services”).
2.2 Unless you just order our Installation-only Service, the Service we provide you with will include our Internet Service (at the Package speed selected by you), either use of a router or access to our Services via a Mersey Fibre Limited wireless access point, maintenance and support services and any Additional Services we’ve agreed to provide you with, depending on your Order.
2.3 You can find more details about how these Terms become legally binding on you under Clause 3 (“Placing an Order”)
2.4 Your Agreement with us is made up of the following documents and includes any other document we refer to in them:
(i) these Terms;
(ii) any Order that you make, as set out in your Order Confirmation;
(iii) your latest applicable Contract Information Document (if we sent you one);
(iv) your latest applicable Contract Summary Document (if we sent you one);
(iii) our Charges
(iv) our Privacy and Cookie Policy;
(iv) our Acceptable Usage Policy; and
If any of these documents contradict each other, a document higher up on this list takes priority. However, if there’s a difference about pricing between these Terms, your Order Confirmation/Contract Information Document/Contract Summary Document and Our Charges, then the information set out in the Order Confirmation/Contract Information Document/Contract Summary Document should be followed in priority to the Our Charges, which in turn should be followed in priority to these Terms. In the same way, the terms of any promotion relating to your Order (as set out in your Order Confirmation/Contract Information Document/Contract Summary Document ), take priority over these Terms, as far as they differ from or contradict them.
2.5 In these Terms all references to “we”, “us”, “our” and/or “Mersey Fibre” are references to Mersey Fibre Limited and all references to “you”, “Customer” and “your” are references to you, our Customer.
2.6 The Services and Equipment we provide to you under these Terms must not be used for business purposes except for Home Working.
3. PLACING AN ORDER
3.1 You can order our Services:
(i) via our Website, by completing our online Order process;
(ii) by calling us and placing an Order by phone; or
3.2 If you place an Order as set out in Clause 3.1, this means that you accept these Terms and this creates the legally binding Agreement between you and us, incorporating all the documents set out in Clause 2.4. When you place your Order, you become legally bound under the Agreement: (i) by ticking the box next to ‘I agree to the Terms of Service’ on our Website during the online Order process or by indicating the same during the phone Order process; (ii) by signing an Order Form (if you can’t place or confirm an Order online or by phone)
3.3 We can only supply our Services to an address which can receive them and you must be at least 18 years old when you place your Order with us.
3.4 If, when you order our Internet Service as a new Customer, another provider is already supplying your Home with broadband (under a legal agreement with you), you may be able to use the “One Touch Switch” process for your Order (we’ll let you know when you start your Order process). Mersey Fibre’s Residential Switching Guide explains how that process works, including how we’ll let your existing provider know once our Services are active at your Home, so your existing provider will then end their services which you’re no longer keeping, without you needing to contact them at all. In any other case where you have an existing agreement for broadband with another provider, and you want to end that agreement or any of those services, you’ll need to contact that other provider to tell them. For example, if you’re moving home and are ordering Mersey Fibre’s Services for your new home, you’ll need to sort out the broadband service at your old home. In either case (i.e. whether or not you need to contact your existing provider to tell them you want to end their service(s)), you might have to pay the other provider termination and/or other charges related to their service(s). We’re not responsible for any of those charges.
3.5 When first ordering our Services, you must provide us with a valid email address which we’ll register, along with your other Account details. We’ll generally use this “Registered Email Address” to contact you for anything related to your Agreement with us (although we may contact you in other ways, as set out in Clause 18 (“How we Contact Each Other”)). It’s important that you keep your email account available, that you regularly check emails sent to your Registered Email Address and that you keep your Account details up to date (see Clause 12.4 for more details on this).
3.6 By placing an Order, you agree that Mersey Fibre, or third parties acting on our behalf, may carry out credit checks on you (as described in Clause 17.2 (“Other General Provisions”)) using the information that you provide during the ordering process.
3.7 Once we receive your Order, we’ll send you an email confirming that we’ve received and accepted it (an “Order Confirmation”) or we will tell you that we can’t accept it. If this happens, we won’t have to explain why we can’t accept your Order or provide you with any Services you requested in your Order. If we do send you an Order Confirmation, your Order and the Agreement for Services with us becomes legally binding on you and us. We only provide our Services in the UK.
3.8 When you place your Order, you may need to arrange for installation of the Equipment you will need at your Home, if there’s not already a working Mersey Fibre Socket there (see Clause 7.1 for details of how to arrange this).
(i) Fibre Connector – If your Home already has a working Mersey Fibre socket we can access, it will be used to connect you to our Network. We’ll send you a router through which you can connect to the Services you’ve ordered, unless you confirm when you place your Order that you already have one. We won’t send you a Mersey Fibre Router if we’re providing these Services via a Mersey Fibre wireless access point.
(ii) Battery Back-Up Unit – We’ll also send you one or more Battery Back-Up Units, if you ordered them either during your online or phone ordering process, by contacting Customer Support, or in some other way we told you about.
Please see Clause 5.1 for more details on the Equipment we’ll send you. Once we connect you to our Network, we’ll send you a Service Activation Email and treat this date as your Services Start Date for your first Order.
3.9 If, after sending you an Order Confirmation, but before we connect you to our Network, we find that we can’t provide you with the Services you requested, we’ll let you know. Your Agreement will end immediately after we tell you this and we’ll refund any Charges you’ve paid.
4. SERVICES PURCHASED BY THE LANDLORD OR BUILDING MANAGER IN MULTI-TENANTED DWELLINGS
4.1 This Clause 4 applies where the landlord or manager (the “Landlord”) of multiple dwelling units within a building which includes your Home (the “Building”) has entered into an agreement with us (the “Landlord Agreement”) under which we provide Services (the “Landlord Services”) to the Landlord’s tenants at that Building, which you can order and then use as our Customer. The Landlord Services include Services for which you pay us directly (“Upgrade Services”), if any, and Services for which the Landlord pays (“Standard Service”). Both the Upgrade Services and the Standard Service are Services which can be accessed in your Home. By purchasing an Upgrade Service, you may be able to choose a Package with a higher Internet Service speed (or better Internet Service coverage within your Home) than with the Standard Service, and/or Additional Services. If you’d like to receive any Landlord Services (including an Upgrade Service), you’ll have to send us an Order for them. In addition, it may be the case that we’re providing the Landlord with a Wifi service in the common parts of the Building. The Landlord may allow you to use this Wifi service (but only if you follow our Acceptable Usage Policy when you do) – however, this Wifi service will not be part of the Landlord Services and you will not be our customer in respect of it.
4.2 We’ll only provide the Landlord Services to you, as set out in your Order Confirmation:
(i) under and in accordance with the terms of the Agreement (which is made up of the documents set out in Clause 2.6 (“These Terms of Service”)); and
(ii) if (and as long as) you follow all the terms of the Agreement – this means, for example, that we won’t provide you with the Landlord Services if you’re no longer the current occupier of the Home.
4.3 The Landlord Services we provide you with will also depend on the terms of the Landlord Agreement. You understand that we may suspend or end our provision of the Landlord Services if:
(i) we’re allowed to do this under the Landlord Agreement (this might happen if, for example, the Landlord doesn’t pay what they owes us);
(ii) the Landlord asks us to do this (and is allowed to do so under the Landlord Agreement); or
(ii) the Landlord Agreement ends,
and we won’t accept any responsibility for this. (However, you may be able to order similar Services to the Landlord Services from us directly we’ll let you know if this is possible.)
4.4 If you fail to pay for any Upgrade Services that you ordered, we may suspend or stop providing you with them (see Clause 8.6 (“Term of Agreement, Suspension, Restriction and Termination”)).
Also, we may (if and as agreed with the Landlord) suspend providing you with the underlying Standard Service and you might be prevented from using any Wifi service that we’re providing the Landlord in the common parts of the Building, until we receive the outstanding payment for the Upgrade Services (and any applicable interest on it).
4.5 Mersey Fibre and the Landlord will between them deal with any problems relating to installation.
4.6 You can report faults with the Landlord Services to us directly and ask us to fix them. We may incur costs in investigating and fixing these faults or carrying out work that you request. If the Landlord tells us to, we may bill you for these costs and you’ll have to pay them.
4.7 If we provide you with Landlord Services via one or more Mersey Fibre wireless access points, we’ll email you the details you’ll need to access those Services. You’ll need to use the same log-in details on each device you want to connect to those Services.
4.8 You understand that we can only provide Upgrade Services if we’re also providing the Standard Service. If we suspend or end the Standard Service for any reason, your Upgrade Services will not work. We won’t accept responsibility for any such non-availability of the Landlord Services.
5. EQUIPMENT
5.1 After we send you your first Order Confirmation, we’ll get things ready to connect you to the Services you ordered. When we’ve done this, we’ll provide you with all the Equipment you need. The Equipment may include a Mersey Fibre Router router (except where your connection to our Internet Service will be via a wireless access point), a booklet, power adaptors, cables, one or more Battery Back-Up Units (if you asked for this), and/or an ONT (optical network terminal), which we’ll send to the address you provided to us when you placed your Order (if it’s a document, we’ll also email it to your Registered Email Address), unless we have already installed/made these available at your Home. We’ll let you know what Equipment we’ll provide you and whether there’ll be an Activation Charge for your Services during the ordering process. Unless we tell you otherwise, you can use our Internet Service via an Ethernet cable using your own equipment and without using any Equipment supplied by us, if you wish. However, you must only use a Battery Back-Up Unit with Equipment supplied by us and following our instructions. If you didn’t request any Battery Back-Up Unit(s) during your ordering process, you can still request this later, at any stage while you remain our Customer, unless your connection to our Internet Service is via Mersey Fibre wireless access points only and not through a router. You may have to pay a Battery Back-Up Unit Fee for this.
5.2 In this Clause 5.2 only, where we mention Equipment, this doesn’t include any Purchased Battery Back-Up Unit. The Equipment (which includes any Mersey fibre Router, ONT (optical network terminal and/or Free Battery Back-Up Unit we’ve supplied you with) remains our property and is to be kept at your Home. You‘ll need to take good care of it all, as if it’s damaged in your care while you’re receiving our Services, you may have to pay us Charges to repair or replace it.
The Equipment must always remain at your Home, even if you leave your Home or stop using our Services (unless you have to return the Mersey Fibre Router and/or any Free Battery Back-Up Unit to us, as set out in Clause 5.3, Clause 7.7 or Clause 8 (“Term of Agreement, Suspension, Restriction and Termination”)). If you use your right to cancel your Agreement with us during the Contentment Period, as set out in Clause 7.7 (“Installation and Connection”), we’ll charge you for the cost of the Equipment we provided to you after you placed your Order, unless you return it to us at your cost unopened and unused within 14 days after the date you cancel your Order. Further details of this and other Charges you have to pay on cancellation are set out in Clause 7 (“Installation and Connection”). Please note that you mustn’t sell or transfer the Equipment to anyone else, export it or use it outside the UK. You must quickly provide us with any information we ask for about the location of the Equipment.
5.3 If your Mersey Fibre Router or any other Equipment we provide to you is faulty, we’ll repair or replace it. This will be free of charge if the fault wasn’t caused by something which happened while the Equipment was in your care. Otherwise we can charge you for this, as described below. You’ll need to return any faulty Equipment to us at the following address:
Returns Department, Mersey Fibre Limited, Unit 15 Gibraltar Row, Liverpool, England, L3 7HJ
We’ll test the returned Equipment to see if it’s faulty and, if so, we’ll work out how the fault was caused. If we (acting reasonably) then think that the Equipment isn’t faulty or that the fault was caused by something which happened while the Equipment was in your care, we can charge you a Replacement Items Fee.
5.4 Except as set out in these Terms (see Clause 14 (“Our Liability to You and the Limits on Our Liability”)), we don’t accept responsibility for any loss or damage caused by the installation or use of the Equipment or of any Additional Equipment.
6. ACCESS, PERMITS AND VISITING YOUR HOME
6.1 You allow us to install, keep and use apparatus at your Home. Apparatus here, and wherever we mention apparatus below, includes Equipment and Additional Equipment. You agree that we and people working for us can enter your Home to:
(i) carry out any work required to connect, maintain, change, replace or remove any apparatus that’s needed for us to supply the Services you’ve asked for; and
(ii) inspect any apparatus related to receiving and using our Services which you keep there.
6.2 We’ll cause as little disturbance as we reasonably can when carrying out any work at your Home. We’ll repair, to your reasonable Contentment, any damage that we, or people working for us, may cause at your Home.
6.3 You’ll follow any reasonable instructions we give you and let us access your Home if we need to.
6.4 You or a person given permission by you (who is aged 18 or over) will either be at your Home when we visit or will give us access to your Home on your behalf.
6.5 You understand that you are providing us with, and will also get from anyone else, any consent or permission needed from you or that other person, if we have to cross your or their land or put our Equipment on your or their premises (including providing us with a Wayleave Agreement in a form we say is suitable for us). We don’t have to install or provide our Services until we have all the consents and permissions we need. If you can’t provide us with these then we can choose to end your Agreement with us. If this happens, we’ll refund any Activation Charge you’ve paid but you’ll still have to compensate us for any costs we incurred before the Agreement ended.
6.6 You won’t do anything, or allow anything to be done, at your Home that may damage or interfere with any apparatus or prevent the use of or easy access to it. If any such apparatus is damaged other than through fair wear and tear, we can charge you for it to be repaired or replaced.
6.7 You confirm that you’re:
(i) the current occupier of the Home; and
(ii) either the freeholder of the Home or a tenant under a lease with legally binding permission from the freeholder to install the Equipment there.
6.8 We can’t normally be made to remove installed apparatus if you end the Agreement or move from your Home. Except for any Purchased Battery Back-Up Unit, all apparatus that we supply to you including the Mersey Fibre Router and any Mersey Fibre Router remains our property and you won’t remove any of this without our written agreement, other than to return it to us, as set out in these Terms.
Our Charges are based on all such apparatus remaining in place, unless these Terms require you to return any of it to us. If the apparatus is removed (without the Terms stating that this should happen) or damaged, we can charge you whatever the cost of installation and/or replacement is at that time, using your usual method of payment (normally direct debit). We’ll let you know the amount you’ll be charged if and when that happens.
6.9 This Clause 6 will still apply to you and us even after your Agreement for our Services has ended.
7. INSTALLATION AND CONNECTION
7.1 If your Internet Service is provided via one or more Mersey Fibre wireless access points, these should already be installed when you move into your Home and you should be able to use them to connect to our Network once you’ve ordered our Services and received a Service Activation Email. Otherwise, if there’s already a working Mersey Fibre socket, optical network terminal (ONT) or fibre/media converter (we call all of these “Fibre Connectors”) in your Home that we can access, we’ll use that Fibre Connector to connect you to our Network. There’ll be no need for a Mersey Fibre Limited engineer to carry out any work in your Home. We can activate your connection as soon as everything else in your Order is ready. If you don’t already have a working Mersey Fibre socket in your Home when you place your Order, then a Mersey Fibre engineer will need to install one, so you can connect to our Network.
When you place your Order, you can choose an available date for this installation, via our Website. We’ll need to agree this installation in writing with you before the engineer comes.
Our standard installation means our Fibre Connector will be within 10 metres of your front door. If you want the Fibre Connector in a particular place in one or more rooms at your Home, or you want to move or rewire an existing Mersey Fibre socket, you’ll need to pay the Installation Fee.
Our engineer will discuss this with you prior to carrying out such work. You agree to help and cooperate with us as reasonably required to connect you to our Services. You can also request us to arrange for an engineer to install a Battery-Back-Up Unit at your Home, by properly connecting it to the Mersey Fibre Router and/or to any fibre/media converter or ONT (optical network terminal) we provided for your use in connection with our Services.
This installation can be done at the same time as the engineer installs a Fibre Connector (if you need a Fibre Connector installed) or at any other time you arrange with us. Where our engineer, at your request, installs a Purchased Battery Back-Up Unit at your Home, you may have to pay an Installation Fee in respect of this. You can always install a Battery Back-Up Unit yourself instead and we provide instructions for this. If we supply you with any Free Battery Back-Up Unit(s), we will, at your request, arrange for an engineer to correctly install this at your Home free of charge and/or otherwise give you all the support you may need to make sure it’s correctly installed.
7.2 You’ll be given a dynamic IP address which is free of charge. This IP address will be re-assigned to Mersey Fibre, or to another Mersey Fibre customer, if your Internet Service is disconnected or ended for any reason.
7.3 The actual speed and performance of your Internet Service will depend on various things, some of which are outside our control. For example, the technical capabilities of the devices you use to connect to the Service and of the Equipment (including the Mersey Fibre Router whether provided by us or not. Your Internet Service speed will be fastest if you use an Ethernet cable to connect directly to your Mersey Fibre Router (or your Mersey Fibre Limited wireless access point, if you have one), with some loss of throughput speed.
Using the Mersey Fibre Router (or your Mersey Fibre Limited wireless access point, if you have one) means that you can also connect your devices to our Services wirelessly. This makes it easier to access our Services across your devices but will mean a slower Service speed than with an Ethernet cable, due to the limitations of Wifi technology.
Any applicable Contract Information Document and/or Contract Summary Document which we sent to you will set out speed-related information about your Internet Service. You accept that we can’t guarantee you’ll have maximum speeds at any time or that your connection will reach any specific speeds, other than as set out in our Speed Guarantee . More details about speed and factors affecting speed (including the specifications for the Equipment) can be found in the FAQs on our Website. We’ll try to let you know about any issues and aim to sort them out as soon as we reasonably can.
7.4 Your Package will be for a minimum commitment period lasting a certain number of months, which you agree to in your Order.
We call this period the “Minimum Period”. During your Minimum Period, you can’t transfer to a new Package with a shorter (or no) Minimum Period, Apart from this, you can transfer from any Package you previously ordered to another Package available for your Home. If you do transfer to another Package at any time during the Minimum Period for your previous Package, then the Minimum Period for your new Package will start on the date we begin providing that new Package to you. In each case at any time during your Agreement and without this changing the length of any Minimum Period that applies to your Package. You can make any of these changes, before or after your Services are activated, by contacting Customer Support with your request, through our Website or by email or letter. Be aware that if you change your Package to a different Package, then the Charges for the Services in your new Package might increase.
7.5 We can end the Agreement after we receive your Order or even after we send you your Order Confirmation, but before we connect you to our Services in the following situations:
(i) if you fail a credit check, or the bank, debit or credit card details you gave us are invalid and/or incorrect, or there are Charges you need to pay before we connect you but you haven’t paid these on time, or you’ve misused our Services before; or
(ii) if we can’t provide the Services to your Home by the expected connection date for any reason; or
(iii) for any other reason (or no reason).
We won’t accept responsibility for any costs or losses this causes you. However, if we end your Agreement before connection to our Services and this isn’t due to your fault or anything you’ve done or not done, we’ll refund any Charges you’ve paid.
7.6 If (after we’ve confirmed a connection date for your Internet Service, we don’t actually connect your Services for more than 1 month after this connection date and this isn’t due to your fault or anything you’ve done or not done, you can end the Agreement by telling us (by email, letter or phone) that you want to do so before your Services are activated. If you end the Agreement in this way, any Charges you have paid will be refunded to you.
7.7 You have the right to change your mind about purchasing our Services and cancel the Agreement at any time up to (and including) the 30th day that our Services are first active for your use as our Customer at your Home (the “Contentment Period”).
This cancellation right only applies to the first time you order Services under this Agreement. It doesn’t apply to any further Services you order from us or other changes you ask us to make to your Services (including where you agree to a new Minimum Period in respect of them) during your continuing Agreement for Services with us. You can cancel your Agreement during the Contentment Period by contacting Customer Services to let them know about your decision to cancel. You won’t incur any charges for cancelling in this way except as set out in the rest of this Clause 7.7. If you specifically request us (when you place your Order or by any other way in writing) to start work on your Order within the Contentment Period, but then cancel your Agreement before the Contentment Period has ended, you’ll have to pay us an Order Cancellation Fee. This will be an amount to cover the cost of the Services you’ve used until the time you cancel (including any costs related to installation and/or activation that we’ve incurred in provisioning your Order before you cancel). If you ordered our Installation-only Service, you’ll have to pay for the services/works we carry out before you cancel, as set out in Clause 8.1. If you do cancel the Agreement within the Contentment Period, you must send back to us any Mersey Fibre Router and any Battery Back-Up Unit(s) which we’ve sent you, in good condition , to the address set out in Clause 8.12 (“Term of Agreement, Suspension, Restriction and Termination”), within 14 days after the day you cancel your Order – if you don’t, you’ll have to pay us their full cost in addition to your Order Cancellation Fee. Where we’ve provided you with packaging for this purpose, you must use it to return this Equipment. If we have not, and/or if our packaging doesn’t cover the cost of postage, you must return the Equipment to us in good condition, at your cost.
7.8 In order to use our Services, unless your Home has a Mersey Fibre wireless access point installed, you’ll need to keep a router and an Ethernet cable capable of connecting to our Network. If you’d like to use your own router or Ethernet cable to connect to our Services instead of the Equipment we supply, you can read the specifications for Equipment set out in our Website FAQs or ask Customer Support to help you check if your own equipment is suitable. If it isn’t suitable, you may not be able to receive our Services (or they may not work as well as if you were using the Equipment we supply).
8. TERM OF AGREEMENT, SUSPENSION, RESTRICTION AND TERMINATION
8.1 The Agreement for your Services starts on the date you first receive an Order Confirmation for our Services under this Agreement at your Home. Our Services will start on the Services Start Date.
This’ll be the date we connect you to our Network and we send you the Service Activation Email. The Services Start Date for any further Package or Additional Service is the date we tell you by email that such Package or Additional Service has been activated.
Where a Minimum Period applies to any Package, this will be set out in the Order Confirmation for that Package and this Minimum Period will start on the Services Start Date for that Package.
8.2 You can end the Agreement for our Services at any time during the Minimum Period that applies to your current Package (if one does), by following the instructions in Clause 8.5(i) or 8.5(ii) (whichever applies to you) as long as you pay a Service Termination Fee. The amount of this Service Termination Fee depends on how much is left of your Minimum Period (further details of the Charge are set out in our charges. If you only wish to change your Package, please see Clause 7.4 above (“Installation and Connection”), to check if this will be possible.
8.3 After your Minimum Period (if you had one), you can end the Agreement for our Services at any time without paying any Service Termination Fee, by following the instructions in Clause 8.5(i) or 8.5(ii) (whichever applies to you). If you only wish to change to another Package which is available at your Home, you can arrange this with our Customer Support without ending the Agreement.
8.4 If you only wish to change to another Package which is available at your Home, you can arrange this with our Customer Support without ending the Agreement.
8.5 How to end the Agreement for our Services:
(i) If you want to end the Agreement because you’re changing from our Service(s) to another provider you may be able to use the “One Touch Switch” process when you order services from that other provider (they’ll let you know). Under that process, your new provider will tell us when they’ve activated their services at your Home. We’ll then end the Agreement (and our Service(s)) on that date, without you needing to contact us. Mersey Fibre’s Residential Switching Guide sets out how this will happen. Your new provider will also be able to give you information about this process.
(ii) Clause 8.8 sets out how you can end the Agreement in the specific circumstances set out in that Clause. If neither Clause 8.8 nor (i) above applies, to end the Agreement for our Service(s) you should contact us in one of the following ways:
(a) Send us an email or use the whatsapp option on our Website to contact Customer Support;
(b) send a letter to Customer Support;
(c) raise a “ticket” through the “My Account” section of our Website; or
(d) phone Customer Support on 0151 279 2000 explaining that you want to end the Service(s).
Customer Support will let you know, when they acknowledge your request to terminate, if you’ll have to pay a Service Termination Fee and if you do, how much it will be.
Our Service(s) will end 30 days after we receive your request to end them (or any longer time up to 180 days after we receive your request, if you specifically ask for this and give us an exact number of days or an exact termination date), as long as we’ve received any applicable Service Termination Fee before then.
(iii) If you only want to end an Additional Services, you should let us know you this by contacting us in one of the ways set above. Our Additional Service will end 30 days after we receive your request to end them (or any longer time up to 180 days after we receive your request, if you specifically ask for this and give us either an exact number of days or an exact termination date).
8.6 We can end the Agreement or, if we choose, restrict or suspend some or all the Services immediately (and, other than in relation to (i) and (ix) below, without giving you notice) if:
(i) you don’t pay us, by the due date, any money you owe us or you cancel the direct debit for your Services without agreeing another form of payment with us (although we’ll let you know by email to your Registered Email Address before we do this);
(ii) you misuse any of our Services (see Acceptable Usage Policy);
(iii) you use another service that we provide and go over any limit we’ve put on your Account
(iv) we think you’ve provided us with wrong or misleading information either to obtain the Services and/or the Equipment or at any time during the ordering process or our supply of the Services;
(v) we think you (or another person at your Home or using your Services) have committed, or may be committing, any fraud against us and/or any other person or organisation by using the Services or the Equipment (or both);
(vi) you or anyone you allow to deal with us on your behalf acts in a way towards our staff or agents which we think is inappropriate enough to justify suspending or restricting a Service;
(vii) we’re no longer allowed to connect, maintain, change or replace the Equipment;
(viii) we need to comply with an order, instruction or request of Government, an emergency services organisation or other authority that we are required to obey;
(ix) (by giving you notice) if either our legal authority to operate as a public communications provider is suspended for any reason or we think it’s necessary for security, technical or operational reasons; or
(x) if we’re entitled to do so under Clause 4 (“Services Purchased by the Landlord or Building Manager in Multi-Tenanted Dwellings).
8.7 We may also:
(i) ask you to pay a deposit to us, which we can keep as security (in case you don’t pay all your Charges); or
(ii) prevent you from making additional orders if we think they form a significant part of your Charges.
8.8 Either you or we can end the Agreement by giving 30 days’ written notice (via the online Customer Support Centre or by email or letter) to the other:
(i) if one of us seriously breaks the Agreement (and doesn’t put it right within 30 days of a written notice telling them they’re breaking the Agreement);
(ii) if something outside our reasonable control prevents us from providing the Services for a continuous period of more than 30 days; or
(iii) if the other can’t pay its debts or becomes insolvent or bankrupt; and
(iv) we (but not you) can end the Agreement, for any other reason (or no reason).
8.9 Sometimes we may choose to ignore it if you break a term of the Agreement, or we may choose not to enforce a particular term of the Agreement. If we do this, we’ll still have the right to enforce or take action against you for breaking that (or any other) term of the Agreement in the future.
8.10 If we restrict or suspend your Services (as set out in Clauses 8.6 or 8.7), you’ll still have to pay all the Charges for your Services, as if you still had them.
8.11 If we end your Services (as set out in Clauses 8.6 or 8.8) then unless we do this for no reason, you’ll still have to pay the Charges for your Services, as if you still had them, for another 30 days after we end them, but following that you’ll be charged the applicable Service Termination Fee if a Minimum Period applies.
8.12 If the Agreement ends for any reason, you must return any Mersey Fibre Router that we provided for your use, along with any Free Battery Back-Up Unit(s) you may have, to us at the following address:
Returns Department, Mersey Fibre Limited, 15 Gibraltar Row, Liverpool, L3 7HJ
You’re responsible for ensuring that the Mersey Fibre Router, and any such Free Battery Back-Up Unit(s) reach us in good working order. If we don’t receive this from you within 14 days after the Agreement ends or if we receive such Equipment in good time, but it’s faulty or damaged, we can charge you the full replacement value using your usual method of payment (normally direct debit).
9. PAYMENT TERMS AND CHARGES
9.1 You must pay the Charges that apply to the Services you’re receiving from us, as set out in our charges and in this Clause 9, unless we agree otherwise with you. All recurring Charges are payable from your Services Start Date. One-off Charges are payable as detailed below. We’ll collect all Charges in advance for the period ahead.
9.2 Our Charges may include the following fees and charges:
Activation Charge – This is a one-off Charge for connecting to our Services, charged in your first bill.
Battery Back-Up Unit Fee – This is a one-off Charge payable for any Purchased Battery Back-Up Unit(s).
Installation Fee – This is a one-off Charge (i) charged in your first bill for installation of our Services at your Home where no Mersey Fibre socket already exists, in a suitable location of our choice (called the Standard Fee), or for installing or extending a Mersey Fibre socket at your Home in or to your choice of location, as agreed with our on-site engineer (called the Bespoke Fee); or (ii) payable where we send an engineer, at your request, to install any Purchased Battery Back-Up Unit at your Home by connecting it to your Mersey Fibre Router and/or to any fibre/media converter or ONT (optical network terminal) we provided for your use in connection with our Services (to be charged in a bill near the time the installation is carried out).
Order Cancellation Fee – This is a one-off Charge, paid on demand if, having asked us to provision your Order during the Contentment Period, you then cancel your Order within that same Contentment Period (see Clause 7.7 (“Installation and Connection”)). The Order Cancellation Fee will cover the cost of any Services you’ve used until the time you cancel (including any costs related to installation and/or activation that we’ve incurred in provisioning your Order before you cancel), as set out in Clause 7.7 (“Installation and Connection”).
Payment Return Fee – You must pay a Payment Return Fee of £15 every time your direct debit payment bounces or fails for any reason.
Package Charge – You pay this Charge every month in advance (for the period ahead), for us providing you with your Package. You may not have to pay a Package Charge if your Home is in a building where the Landlord pays us directly for the Internet Service we provide to your Home (though you will be charged if you ask us to provide you with a higher level of Service than that paid for by the Landlord). All Customers will have to pay any Call Charges that aren’t included in their Package Charge.
Re-activation Fee – This is a one-off Charge, which you must pay if we ask, to re-activate your Services after they’ve been ended or suspended.
Replacement Items Fee – This is a one-off Charge, which you must pay if we ask if we need to repair or replace any of the Equipment we provided you with, for you to use our Services.
Service Termination Fee – This is a one-off Charge, which you must pay if we ask, if your Services are terminated before the end of any Minimum Period that applies to them. We’ll calculate this based on the time you still have left of your Minimum Period.
9.3 There are no charges for any Services provided by our Customer Support.
9.4 Unless you have agreed with us otherwise, you can only pay us by direct debit or credit card (using a Mersey Fibre approved debit or credit card). When you place your Order for our Services you’ll need to give your bank account details and sign an agreement to pay our bills by direct debit. If your bank details change, you must tell us immediately. If you don’t, your Services may be affected (suspended or ended). You can change your details online by accessing your Account online via the Customer Support Centre or by letting Customer Support know in writing (email or letter).
9.5 You’ll get the first bill relating to your Services on the day after the Services Start Date for your first Order for Services under this Agreement. This bill will include a Package Charge (and, if applicable, Charges in relation to any Additional Services) for your first month of Services, as well as any applicable Activation Charge and/or Installation Fee and/or Battery Back-Up Unit Fee.
(i) Unless you choose to change your payment date (see (ii) below), you’ll receive all your subsequent monthly bills on the same date in the month as your Services Start Date (or, for any month where that date doesn’t exist, on the last day of that month). Those bills will be for the next month’s Package Charge (and, if applicable, Charges in relation to any Additional Services) as well as any unpaid Call Charges (or any other Charges) you’ve incurred before that bill. The amount set out in your bill will be taken from your bank account by direct debit (as you agreed with us when you placed your Order), 14 calendar days after your bill date.
(ii) You can change the date on which we take payment from your bank account each month by accessing your Account through the “My Account” section of our Website, clicking on “Change your payment date” and choosing a new payment date by selecting one of the options available. Once the new payment date has been applied, you’ll continue to receive your monthly bills 14 calendar days before each payment date.
9.6 Mersey Fibre can change prices for the Services at any time. If this means increasing the prices for the Services you’ve ordered, we’ll give you notice in writing by sending an email to your Registered Email Address. Clause 21 (“Changes to our Charges, these Terms, and/or the Services”) sets out how you can end the Agreement if we make certain types of changes to your Agreement.
9.7 All bills will be issued and held in your online Account in the Customer Support Centre, which you can access through the “My Account” section of our Website. You’ll need your username or your Registered Email Address, as well as your password to do this. We’ll send an email to your Registered Email Address to tell you have a new bill. It’s your responsibility to read it and keep a copy.
9.8 If you genuinely think that we’ve made a mistake with the Charges on your bill, you must tell us straight away. You must pay the amount that you agree you owe us. We won’t suspend or end your Services while we look into the matter.
9.9 Other than as described in Clause 9.8, where there may be a mistake with the Charges, you must pay us all sums you owe us in full, unless there’s a separate legal right not to.
9.10 We can charge you interest (at 4% per annum above Metro Bank plc’s base rate at that time) on your overdue payments, if you don’t fully pay us what you owe by the due date. This interest will be charged from the date you should have paid us, until the date we receive the full amount you owe (which includes the full amount of any interest).
9.11 If we don’t receive full payment for the Services we provided to you, we can suspend or end them and do anything necessary to recover the amount you owe us (which will include any costs we incur in collecting this amount). We’ll write to you at your Registered Email Address to tell you before we do this.
9.12 You’ll have to pay VAT on our Services. The prices shown in our charges include this VAT, but on your bills, you may see the VAT amount listed separately. No VAT is payable on any Payment Return Fee.
9.13 If we owe you a refund, we’ll include this as a credit in your next monthly bill (so the amount you’d otherwise have to pay is reduced by the amount of the refund). If you’re no longer our customer at the time of the refund and/or no further amounts will be billed to you under the Agreement, we’ll credit the amount back to the bank account from which the relevant payment for your Services was made.
9.14 If your Services are disconnected or suspended for any reason, and you then ask to reconnect to our Services, we’ll charge you a Re-activation Fee
10. SERVICE INTERRUPTIONS
10.1 Sometimes, we need to carry out work to maintain, repair or upgrade our Network or Services. This means we might have to:
(i) interrupt all or part of the Services. If we do so, we’ll try to restore the Services as quickly as we can;
(ii) make small changes to the technical part of our Services. This could be a change to how much information you can transfer at one time using our Internet Service or a change to our Network or we may need to suspend our Services for a short time. We’ll try to let you know before we make any such change or suspension, if it significantly affects your Services.
10.2 We’ll do everything we reasonably can to reduce the effect on you of any disruptions to our Services but we can’t guarantee a fault-free Service at all times. For more details about where we accept responsibility for losses and costs to you, read Clause 14 (“Mersey Fibre’s Liability to you and Limitations on Mersey Fibre’s Liability”).
10.3 We’ve set out what you have to do under your Agreement with us in Clause 12 (“Your Obligations”). If we think you’ve broken any of these obligations (which includes not following the Acceptable Usage Policy), we can suspend your Services, or in some situations, end your Agreement with us (see Clause 8 (“Term of Agreement, Suspension, Restriction, and Termination”)).
We’re not responsible for any costs or losses to you if we do this and don’t have to tell you before we do this, unless it’s because you haven’t paid us what you owe (when we’ll let you know by email to your Registered Email Address).
10.4 We’re not responsible to you for disruptions caused by anything beyond our reasonable control (see Clause 16 (“Matters Beyond our Reasonable Control”))
11. MOVING HOME
11.1 Please contact Customer Support if you’re planning a move and we’ll try to reduce any difficulties this can cause to your Services. We can only provide our Services at your new home if this is already set up to be connected to our Network at the time you move. If we do provide our Services to you at your new home, we’ll usually treat you as a new Customer. This means you’ll have to go through the ordering process again and any Minimum Period for Services at your new home will start on the Services Start Date for those Services at your new home. In addition, you may have to pay an Activation Charge and/or an Installation Fee (although you may be able to use your existing Equipment). Note that if you order or purchase our Services for (and to be provided immediately on moving to) your new home, and your move was during a Minimum Period for your Services at your previous home, we will not charge you a Service Termination Fee for ending the Services at your previous home. You can get more information on the Charges you’ll have to pay if we are able to provide our Services at your new home, during the ordering process.
11.2 If we can’t provide our Services at your new home, you can end your Agreement with us. If you have a Minimum Period for your current Package and you end your Agreement before this Minimum Period has ended, you’ll have to pay a Service Termination Fee for your Package. This is based on the number of months you have left of your Minimum Period. You can also end your Additional Services by giving us 30 days’ written notice (online via the Customer Support Centre or by email or letter to Customer Support). If you don’t have a Minimum Period (or your Minimum Period has ended) you can end your Agreement for your Package and all Additional Services by giving us 30 days’ written notice (online via the Customer Support Centre or by email or letter to Customer Support).
12. YOUR OBLIGATIONS
12.1 You agree to do the following things at all times:
(i) make sure that you and anyone else using our Services through your Account keep to the terms set out in our as updated and shown on our Website;
(ii) Spare
(iii) keep your security information safe and tell us immediately if you think that someone knows it who shouldn’t or someone who doesn’t have your permission is using our Services through your Account;
(iv) give us complete and correct information (especially during the ordering process) and make sure this information is always kept up to date and correct;
(v) tell us immediately about any fault or problem with our Services (or with us providing them to you) and/or any fault with or damage to any Equipment or Additional Equipment;
(vi) make sure that your equipment, any Additional Equipment and software used by you meets the terms of all Applicable Laws has either the European Consumer Equipment Standards ‘CE’ mark or the UK’s Consumer Equipment Standards ‘UKCA’ mark on it, and that you have any necessary licences before you use your equipment or Additional Equipment to connect to our Network, making sure that it and any software you use is compatible with our Equipment;
(vii) control the content that you (or anyone else using our Services through your Account) upload or download using our Network. We have no responsibility for any such content;
(viii) fully keep to your Agreement with us and any reasonable instructions we give you;
(ix) fully compensate us for any losses, expenses or costs (including legal costs) which we incur where another person or company brings a claim against us in connection with you (or someone else using your Account to access our Services) using or misusing our Services or breaking your Agreement with us (this is called an indemnity and makes you 100% responsible for the full amount of any claim we have against you);
(x) not to use the Services for any commercial or business use (except for Home Working);
(xi) accept that the Complaints procedure which sets out how you can make a complaint about us or our Services and how we deal with this
(xii) pay all amounts you owe us in full (without keeping any back for any reason unless you’re required to do this by law). You aren’t entitled to assert any credit, set-off or counterclaim against us to justify keeping back all or any part of such amount;
(xiii) not to use a Battery Back-Up Unit to provide your Mersey Fibre Router, or any Mersey Fibre Limited 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.
12.2 Sometimes, we may (with or without notice to you) check and/or record how you’re using our Services. This might be because we’re required to do so by law, court order or another authority which can make us do this, or for us to check that you’re keeping to your Agreement with us. Please see our Privacy and Cookie Policy for more details on how we use your information.
12.3 We may record marketing calls and calls to Customer Support. We do this for training purposes, to help prevent identity fraud and to improve the quality of our customer services.
12.4 You must keep the email address which you give us when ordering our Services (see Clause 3.5 (“Placing an Order”)) active. If this is no longer possible, you must register a new email address with us instead of that one. You can make these changes to your email information by accessing your Account through the “My Account” section of our Website or by contacting Customer Support by phone or email. The email address that you have registered with us at any time will be your “Registered Email Address”. You’re responsible for maintaining and regularly checking emails sent to your Registered Email Address.
12.5 You’re treated as having read any email which we may send to your Registered Email Address.
14. OUR LIABILITY TO YOU AND THE LIMITS ON OUR LIABILITY
14.1 Where we carry out any obligations under the Agreement, we’ll only do this with the reasonable care and skill of a competent service provider. We don’t warrant that our Services will be fault-free or uninterrupted, but we will use all reasonable care and skill to provide and maintain them. Neither can we guarantee that the Equipment we provide will never be faulty. If you think it might be, Clause 5.3 (“Equipment”) tells you what to do.
14.2 If our negligence causes death or personal injury, we accept responsibility for this and there’s no limit to our liability. We also accept responsibility for fraud, fraudulent statements or any other liability that the law doesn’t let us exclude or limit.
14.3 Neither we nor any company in our group (or any person connected with us or such company) will accept responsibility (if the law allows this) for any liability in contract, tort (including breach of statutory duty) or otherwise arising under or in connection with this Agreement for:
(i) losses to you from you breaking your Agreement with us;
(ii) losses caused by you using any of our Services in a way that breaks the Agreement;
(iii) loss or damage to you or any user of our Services or Website relating to using (or not being able to use), or the result of the use of, these, the Equipment or any other website. This includes losses from delays or interruptions to our Services;
(iv) loss or damage to you or any user of our Services or Website from any materials posted on our Website or another website, which was accessed through our Network;
(v) losses of income or revenue;
(vi) commercial or business loss or loss of opportunity, loss of profit, loss of goodwill, loss of contract or wasted management or office time;
(vii) losses of savings you were expecting to make;
(viii) losses or damage caused by malware or the unauthorised use of our Services on any of your devices;
(ix) losses of, the corruption of, or the release of, data (including personal data), information or software;
(x) losses from the failure of safety, security or other alarm system, because they’re not compatible with any of our Services, or for another reason that’s not our fault;
(xi) losses or damage from you using equipment that we haven’t supplied;
(xii) the cost to you of getting substitute goods or services;
(xiii) losses which we couldn’t reasonably have expected or which we couldn’t have considered when we entered into the Agreement or which are not directly caused by us, our Services or our Equipment or are indirect or consequential;
(xiv) claims made against us, because of any condition, warranty or other terms implied by law. (Sometimes the law suggests that particular conditions, warranties or terms are treated as part of an agreement, even if they’re not specifically put into that agreement – these are “terms implied by law”. No such implied terms are part of your Agreement where the law allows them to be left out. This means you can’t make claims based on them); or
(xv) any other loss or damage of any kind,
but this doesn’t prevent claims (a) for loss of or damage to your physical property arising from our negligence, for which we’ll only pay up to £100,000 in any 12-month period or (b) any other claims for direct financial loss to you relating to the Agreement (or that we’re responsible for by law), in either case that aren’t excluded by any of the categories set out in (i) to (xiv) of this Clause 14.3. If you do have a genuine, proven claim against us under this Clause 14.3, then except in relation in property damage as set out in (a) of this Clause 14.3, we’ll only pay up to a total of 125% of the Charges due from you in the calendar year in which the event which caused your loss happened, for all events in that calendar year.
14.4 Except as set out in Clauses 14.1 to 14.3 above, we accept no responsibility for loss or damage caused when someone other than you, our paying Customer, accesses your connection to our Services, your computer, the Equipment or other related equipment (including any Additional Equipment) or accesses, destroys or distorts any data or information held by us.
14.5 We’re not responsible for any goods or services supplied to you under a separate agreement with another supplier (including, but not limited to, any app you use in connection with a Total Wi-Fi Package), even if you acquired them through our Network.
14.6 We won’t be responsible to you for any losses you may suffer if you’ve used our Services or Equipment we provide for business purposes (other than for Home Working, though all other provisions in this Clause 14 will still apply).
14.7 If our Services or Equipment fail, and you divert your phone or internet to another communications provider, we won’t be responsible for the cost to you of doing this.
14.8 Each provision of this Clause 14 is to be treated as a separate provision, applying and surviving even if one or more of the other provisions of this Clause is held to be inapplicable or unreasonable.
14.9 You may have rights under the law which the terms of your Agreement with us can’t affect. For example, the law may give you certain rights relating to Equipment which is faulty or has been described wrongly. As a residential customer of Mersey Fibre Limited, you may also have rights as a “consumer” (though this won’t apply if you’re a small business). For more details of your legal rights, you should contact your local Citizens Advice Bureau, www.citizensadvice.org.uk.
14.10 You must always try your best to reduce any losses, damage or costs you may incur.
16. MATTERS BEYOND OUR REASONABLE CONTROL
16.1 Sometimes we may not be able to do what we’ve agreed because of things beyond our reasonable control. This could be things such as lightning, flood, earthquake, severe weather, other natural disaster, fire, collapse of buildings, explosion, accident, terrorist activities, war, riots, epidemic, pandemic, our suppliers not keeping to their agreements with us, interruption or failure of electricity or other utility services, damage or vandalism to our Network, Equipment, or any Apparatus we’ve installed, anything done by local or national Governments or other public authorities (including new laws, rules, regulations or guidance they might introduce), or strikes or other industrial action. There may be other reasons too. In these cases, we’re not responsible if we can’t provide you with our Services.
17. OTHER GENERAL PROVISIONS
17.1 The Agreement for our Services is only between you and us. You can’t transfer it or your rights to your Services to anyone else, or try to do so. However, we may take instructions from someone else we think, with good reason, is acting with your permission. We can transfer the Agreement, provision of the Services and/or our rights and obligations under it to someone else. If we think this might have a negative effect on your Services or your rights under the Agreement, we’ll tell you before we do this and ask your permission. You have to give your permission unless it’s reasonable for you to refuse it, delay it or put conditions on it.
17.2 You accept that when you order your Services from us we may have to do a credit check on you. This means looking into your records with credit reference agencies like Experian and Equifax or with fraud prevention agencies. Whenever we have information about you, we’ll protect it and keep it safe, as set out in our Privacy and Cookie Policy. This may include sharing this information to prevent fraud or where the law requires us to do so. This might be because we’ve received a court order about the information or someone has a legal power to demand it. We may also share information about you with other companies and organisations (including other communications companies). You can find out more about how we’ll deal with your information in our Privacy and Cookie Policy.
17.3 If you receive any information from us (or someone acting for us) which might reasonably be confidential to us, you will not tell or show it to anyone else. You can only use such information to carry out your obligations under your Agreement with us.
17.4 If a court, arbitrator or any government agency tells us that any part of the Agreement isn’t valid, the remaining parts of the Agreement will still be valid and enforceable.
17.5 Each part or term of your Agreement with us is treated as separate. It’ll still be valid even if other parts or terms of the Agreement are found to be invalid or unreasonable.
17.6 No-one, except for you and us, has rights under the Agreement or the right to enforce any of its terms. No others can use the Contracts (Rights of Third Parties) Act 1999 to acquire such rights.
17.7 Your Agreement with us sets out everything we’re agreeing between us about our providing you with our Services. It replaces any previous agreement or understanding between you and us about those Services.
18. HOW WE CONTACT EACH OTHER
18.1 You may contact us in any of these ways:
(i) online, via the “My Account” section of the Website, by raising a “ticket”;
(ii) by emailing Customer Support at: support@merseyfibre.co.uk
(iii) online, via the WhatsApp option on our Website;
(iv) by phoning Customer Support on: 0151 279 2000; or
(v) by sending a letter to Customer Support at: 15 Gibraltar Row, Liverpool, L3 7HJ
If there’s anything you need to tell us that’s important, you should put this in a letter and post it to us at the address in 18.1(iv), even if you’ve also told us about it another way. If you want to end your Service(s), however, you don’t need to tell us this by letter if you’ve already let Customer Support know by email, phone, raising a “ticket” or via WhatsApp (as set out in Clause 8).
18.2 We’ll usually contact you at your Registered Email Address. We may also write to you at your billing address, or phone you on your mobile or fixed phone number.
19. COMPLAINTS
19.1 You may need to contact us if you’re having a problem with us or our Services. Our Complaints Code of Practice tells you how you can do this. It also explains how we deal with your complaints and disputes.
Please read our Compliments and Complaints policy here for more information.
19.2 If you’re reporting any illegal or unacceptable use of our Services, please email abuse@merseyfibre.co.uk and provide us with as many details and as much evidence as possible to help us understand and investigate the problem (such as a copy of the message and/or headers, the full URLs or log files showing unauthorised access to your Account, depending on the type of misuse you wish to complain about). Please always make sure that you include a short description of why you’re making the complaint, together with your name and full contact details.
20. JURISDICTION AND APPLICABLE LAW
20.1 Your Agreement with us is made under English and Welsh law. If a dispute or claim arises that we can’t settle between us, despite following our Complaints Code of Practice, it’ll be decided in the English and Welsh courts. If we choose to, though, we can use the courts where you live (if this isn’t England or Wales) or in any other country we think is appropriate.
21. CHANGES TO OUR CHARGES, THESE TERMS AND/OR THE SERVICES
21.1 From time to time, we may change our Services, Equipment, Charges or the terms of your Agreement with us. This could be for any of the following reasons:
(i) to introduce a new feature to any Service or to change the way we provide a Service or how it’s structured (which could include upgrades and improvements or what’s contained in a Service or that we can provide our Services in new areas);
(ii) to introduce new Equipment or make changes to existing Equipment (including withdrawing it) and/or how we provide it (which could include upgrades and improvements);
(iii) to make technical changes to our Network and/or the technology we use (which could improve our Services);
(v)
() to change how we structure our Charges (which could be a change to what a Charge includes);
(vi) to make your Agreement with us clearer or easier for you to understand;
(vii) if we’ve changed the way we manage our business and/or the cost of running it increases;
(viii) because the cost to us of providing our Services has increased (for example, the businesses we buy from increase their prices);
(viii) to reflect a change to a law, code of practice, regulation, guidance or responsibility that applies to us; or
(ix) another reason not listed here that we can’t predict right now.
However, we won’t change the Package Charge for that Package during its Minimum Period, unless the change is directly imposed by law (e.g. a change in the rate of VAT).
21.2 If we make any change to the terms of your Agreement that you haven’t specifically agreed with us, then unless that change is (a) exclusively for your benefit (b) purely administrative and does not negatively affect you or (b) directly imposed by law:
(i) we’ll tell you (by email to your Registered Email Address) at least 30 days before the change
(ii) depending on the change, you may then be able to end the Service affected by it or your Agreement with us (we’ll tell you which, in our email to you) without paying any extra charges for leaving early. To do this, you must write (by email or letter) and tell us you want to end the Service or your Agreement (as applicable). You must do this within 30 days after the email we send you about the change;
(iii) if you end any Service (but not the Agreement) in this way, the Agreement will still apply to all other Services, not affected by the change; and
(iv) we’ll publish details of the change on our Website.
21.3 If we make any other changes to your Agreement with us:
(i) we’ll tell you (by email to your Registered Email Address); and
(ii) we’ll publish details of the change on our Website.
22. THE SOCIAL TARIFF
22.1 We offer to eligible customers (subject to availability) a full fibre social tariff if you are a new or existing fibre broadband customer, and a wireless social tariff if you are an existing wireless broadband customer.
22.2 To be eligible for the social tariff package, you must be claiming one of the following (‘relevant benefits’):
Universal Credit (UC)
Pension Credit (PC)
Income-based Employment Support Allowance (I-ESA)
Income-based Jobseeker’s Allowance (I-JSA)
Income Support (IS)
22.3 You will need to provide a copy of a monthly benefits statement (dated within the last three months) showing your receipt of one of the relevant benefits in your own name that matches the name and address on your Mersey Fibre account. Please note: the benefits must be paid to you as the Mersey Fibre customer named on our records rather than to anyone else in your household. We reserve the right to carry out reasonable verification checks as to your receipt of relevant benefits.
22.4 You must notify us promptly in the event you are no longer eligible to receive relevant benefits. We will then liaise with you as to the most suitable alternative Mersey Fibre package that you can move to.
22.5 Details of the social tariff package available to you (including the features and cost) will be as set out on our website or in other promotional material from time to time.
22.6 The social tariff package has a 12-month Minimum Term for new customers, as well as for existing customers moving from another Mersey Fibre package. For existing customers, any applicable downgrade fees otherwise payable under the Contract will be waived when you move to the social tariff package.
22.7 Before the end of the Minimum Term, you will receive from us an End of Contract Notification in accordance with clause 12.2, which will explain your options for when the Minimum Term ends and how to carry out your chosen action which will take effect at the end of the Minimum Term. When the Minimum Term ends:
(a) You may choose to reapply for the social tariff package and provide updated evidence of your receipt of relevant benefits, which will result in a new Minimum Term starting; or
(b) You may choose to apply for a different Mersey Fibre package, subject to its own Minimum Term, or leave Mersey Fibre by terminating the Contract in accordance with its terms; or
(c) If you do nothing and therefore do not provide updated evidence of your eligibility for the relevant benefits, you will be automatically moved to a Mersey Fibre package that is the closest in cost to the social tariff package you previously received. In this event, you may then terminate the Contract at any time on 30 days’ notice or buy a new package from us subject to its own Minimum Term.
22.8 Clauses 22.1 to 22.8 will prevail over any inconsistent or conflicting provision in either clauses 21 to 21.3 or clause 7.
22. DEFINITION OF THE WORDS USED IN THESE TERMS
In these Terms, the following words and expressions shall have the meanings given to them below:
“Acceptable Usage Policy” means our Acceptable Usage Policy.
“Account” means your account with us, with the details you provided to us when you ordered our Services and other information about your Services. You can access your Account online, through the “My Account” section of our Website (merseyfibre.co.uk). You can also ask about your Account if you contact Customer Support.
“Activation Charge” means the activation charge as set out in our Guide to Charges and Fees for Residential Customers and Clause 9.2 of these Terms (“Payment Terms and Charges”).
“ADR Service” means an alternative dispute resolution service as described in Clause 19 (“Complaints”).
“Additional Equipment” means any equipment you might purchase from a supplier other than us (whether not this supplier is recommended by us).
“Additional Service(s)” means any extra Services and features we provide you in connection with our Internet Service from time to time.
“Agreement” means the Agreement for our Services, between you and us, as described in Clause 2.6 (“These Terms of Service”).
“Applicable Law” means any 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 that applies to the Agreement, our Services, you or us, from time to time.
“Battery Back-Up Unit” means a battery unit that we send you on your request, which you can use to provide the Mersey Fibre Router, optical network terminal (ONT) and/or fibre/media converter with back-up power when there is a failure of your usual power supply. When fully charged, the battery unit should provide 1 hour of back-up power.
“Battery Back-Up Unit Fee” means the one-off Charge payable for a Purchased Battery Back-Up Unit, as set out in our Guide to Charges and Fees for Residential Customers and Clause 9.2 of these Terms (“Payment Terms and Charges”).
“Battery Back-Up Unit Guide” means the online guide (a paper copy of which is supplied with any Battery Back-Up Unit we send you) which contains details of how to set-up, use and look after the Battery Back-Up Unit.
“Building” means a property (i) in which your Home is located; and (ii) to which we provide Landlord Services under a Landlord Agreement.
“Business Day” means any day other than (i) a Saturday or a Sunday; or (ii) a public holiday in England and Wales.
“Call Charges” means the call charges payable when using our Telephone Service.
“Charges” means any or all charges payable to us in connection with our Internet Service, our Telephone Service, any other charges for Additional Services as listed in our Fees Customers or as set in your Order Confirmation.
“CLI” has the meaning set out in Clause 13.13 (“Special Provisions Relating to the Telephone Service”).
“Complaints Code of Practice” means our Complaints Code of Practice.
“ Contract Information Document” means the “Contract Information” document, which is set out in the way (and contains the information) that Ofcom requires, and which we provide during the Order process to any Customer whose Agreement with us
“Contract Summary Document” means the “Contract Summary” document, which is set out in the way (and contains the information) that Ofcom requires, and which we provide during the Order process to any Customer whose Agreement with us starts o
“Customer” means you, our residential customer.
“Customer Support” means our customer support team (see Clause 18 (“How We Contact Each Other”)).
“Customer Support Centre” means the online customer support centre, which Customers can access via their Account on our Website.
“Equipment” means any telecommunications or other equipment (including the Mersey Fibre Router, Router(s), cables and accessories, socket/faceplate, wireless access point, Battery Back-Up Unit(s), fibre/media converter, ONT (optical network terminal), and cabling) we supply to you, to help you use our Services (including upgrades and replacements to these items). It doesn’t include any equipment you may purchase from an alternative supplier.
“Fibre Connector” means any Mersey Fibre Limited socket, optical network terminal (ONT) or fibre/media converter installed at your Home in connection with our Services.
“Free Battery Back-Up Unit” means a Battery Back-Up Unit which you request and receive from us free of charge and which remains our property.
“Home” means the address that you give us in your Order which is where our apparatus (including the Equipment) is installed and where we agree to provide you with our Services, in accordance with your Order.
“Home Working” means (i) you using our Services at Home for business purposes while working away from your usual place of work; or (ii) you or others in your small business (meaning a business with ten or less employees) which you operate from Home, using our Services for your work.
“Mersey Fibre Router” means the router we supply you through which you can connect your devices (such as your computer or mobile) to our Network.
“Installation Fee” means the fee for installing access to our Services and/or any Purchased Battery Back-Up Unit(s) at your Home, as set out in our fees and in Clause 9.2 of these Terms (“Payment Terms and Charges”).
“Installation-only Service” means us only providing you with a Fibre Connector installation and supplying you with no other Services.
“Internet Service” means access to our “always on” internet service, which is included in the Package you chose (whether for a Minimum Period).
“Landlord” means the landlord or building manager, as described in Clause 4.1 (“Services Purchased by the Landlord or Building Manager in Multi-Tenanted Dwellings”).
“Landlord Agreement” means an agreement we’ve entered into with a Landlord to provide Landlord Services to a Building (or part(s) of a Building).
“Landlord Services” means the Services described as “Landlord Services” in Clause 4.1 (“Services Purchased by the Landlord or Building Manager in Multi-Tenanted Dwellings”).
“Minimum Period” means the minimum commitment period (if there is one) for which you agree to keep the Package you order from us. It starts on the Services Start Date for that Package. If you end the Package before this Minimum Period finishes, you’ll have to pay a Service Termination Fee (which is charged as set out in our Guide to Charges and Fees for Residential Customers), unless you change to another Package with a longer Minimum Period, as set out in Clause 7.4 (“Installation and Connection”). We may change the Minimum Period for any Package but this won’t affect you if you’ve already received your Order Confirmation for that Package.
“Minimum Download Speed Guarantee” means the latest version of our Minimum Download Speed Guarantee , published on our Website.
“Network” means the network we use to provide our Services to you.
“Order” means the order (including any pre-order) that you make and/or send us for the supply of our Internet Service and/or any Additional Services.
“Order Cancellation Fee” means the one-off fee, paid on demand, if you ask us to provision your Order during the Contentment Period and then cancel your Order within that same Contentment Period (see Clause 7.7 (“Installation and Connection”)). The Order Cancellation Fee will cover the cost of any Services you’ve used until the time you cancel (including any costs related to installation and/or activation that we’ve incurred in provisioning your Order before you cancel), as set out in Clause 7.7. If you are an Installation-only Service Customer, this Charge will cover any installation and/or Equipment costs incurred by us in providing you with the Service before the date you cancelled.
“Order Confirmation” means an email from us, after you’ve placed an Order for our Services, confirming that we’ve accepted your Order.
“Order Form” means a paper order form which a Customer fills in and submits to create an Order, where that Customer can’t place or confirm an Order online.
“Package” means any of our packages for (i) our “Broadband-only” Internet Service or (ii) our “Broadband, in each case as set out on our Website or as otherwise offered by us to our Customers. All our Packages are either Monthly Rolling Packages or for a Minimum Period.
“Package Charge” means the charge you pay every month, in advance (for the period ahead), for us providing you with your Package, as set out in your Order Confirmation. Charges for Additional Services are also not included in your Package Charge..
“Privacy and Cookie Policy” means our Privacy and Cookie Policy as amended from time to time.
“Purchased Battery Back-Up Unit” means a Battery Back-Up Unit which you request, purchase and receive from us by paying the Battery Back-Up Unit Fee and which (following receipt and payment) is your own property.
“Re-activation Fee” means a one-off fee, which you must pay if we ask, to re-activate your Services after they’ve been ended or suspended. You can find more details on this fee in our fees and Clause 9.2 of these Terms (“Payment Terms and Charges”).
“Registered Email Address” means the email address that you’ve registered with us as part of your Account information (as described in Clause 12.4 (“Your Obligations”)).
“Replacement Items Fee” means the one-off fee which we may ask you to pay if we need to repair or replace any of the Equipment we provided you with. Details of this fee are set out in our Guide to Charges and Fees for Residential Customers and Clause 9.2 of these Terms (“Payment Terms and Charges”).
“Contentment Period” means the period from your first Order Confirmation up to (and including) the 30th day that our Services are first active for your use as our Customer at your Home.
“Service Activation Email” means an email from us, after we’ve fulfilled your first Order under the Agreement confirming that we’ve activated your Services.
“Services” means our internet services which are ordered by you and provided by us under your Agreement with us. These services could be any of our Installation-only Service, our Internet Service, any Additional Service and/or any other related service which we provide to you under your Agreement.
“Services Start Date” means the date on which we activate the Services you order from us, as set out in Clause 8.1 (“Term of Agreement, Suspension, Restriction, and Termination”).
“Service Termination Fee” means the one-off fee, which we may ask you to pay if your Package is ended during the Minimum Period. Details of this fee are set out in our Guide to Charges and Fees for Residential Customers and Clause 9.2 of these Terms (“Payment Terms and Charges”).
“Standard Service” means the Landlord Service for which the Landlord pays us directly, and which you can access in your Home, once we’ve accepted your Order for it and have activated the Service.
“Terms” means these Residential Customer Terms of Service for Customers ordering and/or purchasing any of our Services.
“Upgrade Services” means any Landlord Services for which you pay us directly, which you request as an upgrade (for example with faster Service speed) or addition to the Standard Service.
“Website” means merseyfibre.co.uk or any other replacement website address we may tell you.
Acceptable Usage Policy
DATE : This AUP is effective from 1st July 2024.
We want you to enjoy using our fibre broadband services (“Services”).
This includes Services we provide for your use (but for which you’re not our customer) in the common parts of a property (such as our Guest WiFi Service) or in serviced apartment properties, under agreements we have with that property’s owner or manager (“Property Owner”) (together, “Property Owner Services” and a property where such Services are available is the “Property”).
We also want to make sure that you use our Services in a way that doesn’t harm the rights or safety of others. This is why, like other internet providers, Mersey Fibre has an Acceptable Usage Policy (“AUP”).
This AUP sets out rules for using our Services and our website, merseyfibre.co.uk, (“Website”) in an acceptable way, and for keeping the network we use to provide our Services (our “Network”) secure. It also sets out uses of our Services which we consider unacceptable and what we might do if you break the rules in this AUP.
ABOUT US
Mersey Fibre Limited Ltd (“Mersey Fibre”) is an internet service provider (“ISP”). We’re a limited company registered in England and Wales under company number 15599549 and our registered office and main trading address is at Unit 15 Gibraltar Row, Liverpool, England, L3 7HJ. We’re regulated in the UK by Ofcom and are signed up to the Communications Ombudsman (an independent dispute resolution service).
RESPONSIBILITY FOR USE
In this AUP, when we use “we”, “us” or “our” we mean Mersey Fibre and when we use “you” and “your” this also includes any other person (for example, anyone at your business premises or home (your “Premises”) or at the Property) using your Mersey Fibre customer account (“Account”), device or login to access our Services, Website or Network, and in relation to the Property Owner, any user of the Property Owner Services.
You can find details of our internet service plans and standard tariffs in our charges guide.
• You’re responsible for any use of our Services and/or Network made through your Account with us, device or login, whether this is with your permission or not and for any use of our Website.
You’re also responsible if this use breaks the rules of this AUP.
This would be an “unacceptable use” and is your responsibility even if it happens or is attempted (i) without you knowing or agreeing to it, or (ii) by you contributing to it, or (iii) by you allowing it to happen or (iv) by you acting alone or with others.
• Mersey Fibre isn’t responsible for any of your activities in using our Network or Website. You must decide whether any content or communications you access using our Services is appropriate for children or others at your Premises or the Property to view or use.
• You must always follow the rules in this AUP when you use our Services (as well as all other terms that apply to your agreement for Services with us) or our Website. This means you also need to make sure that anyone else accessing our Network at or through your Premises or accessing our Services through your Account, device or login knows about and follows these rules.
• When using our Services, you must follow all laws, regulations and other “Applicable Laws” (these are defined more fully in our Mersey Fibre Residential Customer Terms of Service that apply to you, and have any authorisations or permissions required by them)
• Some types of material infringe certain laws or regulations.
These materials may be illegal to possess as well as to send or publish on the internet. You mustn’t post material which (i) infringes the intellectual property rights (e.g. trademarks or copyright) of others (ii) is false and could harm someone’s reputation, or (iii) makes us legally liable for hosting that material on our servers. More information on things you’re not allowed to use our Services or Website for is set out in the “Unacceptable Usage” section below.
• When using our Services or Website, you may end up on other networks or using other websites or services that we don’t own or operate. If this happens, you must follow the acceptable use policies and other terms and conditions set by the operators of those networks, websites, and services. We aren’t responsible or liable for the content of any other person’s website, platform, apps or services, even if there’s a link to them from our Website.
• When you place an order for or subscribe for our Services, you’ll have to provide us with an email address. Save in relation to users of our Property Owner Services only (who must comply with the provisions specific to them below) you must keep this email address active and notify us of any changes to it within 3 working days of the changes happening.
You should do this by changing your email details in your online customer Account. You can access this through the “My Account” section of our Website. All users will be treated as having read and accepted any email we may send to you at the email address you’ve provided to us.
If you have any comments or questions about this AUP, or there’s any part of it that you don’t understand, please feel free to let us know by email at support@merseyfibre.co.uk
UNACCEPTABLE USAGE
It isn’t possible to set out exactly what makes for an “acceptable use” or an “unacceptable use” of our Services. Our AUP is meant to help you understand the types of use that are unacceptable.
The list below doesn’t include every use that may be unacceptable to us (there may be others) but should help you understand the sort of behavior we don’t allow or which is illegal.
You may only use our Network, Website and Services for lawful purposes. You can’t use them:
• in any way that breaks any laws or regulations that might apply (whether in the UK or elsewhere);
• in any way that’s criminal, illegal, unlawful or fraudulent, or that has any criminal, illegal, unlawful or fraudulent purpose or effect;
• to harm or try to harm children or other vulnerable people in any way;
• to send, knowingly receive, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use, upload, download, record, review or stream, use or re-use any material that doesn’t follow our “Content Standards” section below;
• to send, or cause the sending of, anything related to pyramid selling schemes or any unsolicited communications or unauthorised advertising (like spam or nuisance calls). (If you do this we can block these materials or communications and you’ll have broken the rules of this AUP);
• to intentionally or negligently send any data, or send or upload material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, corrupted files, or any other harmful programs or similar computer code designed to harm computer software, hardware or telecommunications equipment owned by us or anyone else. (But you are allowed to pass samples of malware in a safe way to appropriate agencies in order to stop its spread);
• to carry on activities that infringe someone else’s rights. This includes (i) downloading, installing or distributing software that isn’t properly licensed (e.g. pirated software), (ii) deleting any author attributions, legal notices or labels/notices of ownership in any file that’s uploaded, (iii) falsifying the origin or source of any software or other material or (iv) not properly following the Data Protection Act 1998 (and any laws or regulations that change, add to or replace it in any way) when collecting or using an individual’s personal data, as set out in that Act;
• to monitor or record the actions (i) of any person, who’s allowed to be at the Property or your Premises, without their knowledge or (ii) of any person or thing outside the Property or your Premises including, among other things, any public highway or roadway or another person’s home or business premises; or
• to collect, stream, distribute or access any material that you know or should reasonably know, is illegal to collect, stream, distribute or access.
You must also not:
• reproduce, duplicate, copy, sell or re-sell any part of our Website, Network or Services;
• access without our permission, interfere with, damage or disrupt:
(i) any code or any part of our Website;
(ii) our Network or any equipment or network from which our Services or Website are provided;
(iii) any software used in providing our Services or Website; or
(iv) any equipment, network or software owned or used by someone else, if this is outside what we’d expect of someone using our Services or our Website in accordance with the terms that apply to them;
• do anything that may disrupt or interfere with our Website Network or Services or cause our Website or Network, or any computer or other device connected to our Network, to crash;
• launch “denial of service” attacks, “mailbombing” attacks or “flooding” attacks against a network, or a device or computer connected to a network, (including, among other things, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, or any otherwise unspecified form of “denial of service” attack);
• let people, who don’t live or who aren’t at your Premises or aren’t entitled to be at the Property, access the Services;
• use the “One Touch Switch ” process in respect of our Services, other than by following the instructions/requirements we give you for that process. You must only use the process to switch from broadband for which you’re the current customer (and named as such on the relevant customer account) to broadband and/or telephone services for which you will be the customer (and named as such on the relevant customer account).
• make excessive use of, or overload, our Network;
• avoid the user authentication or security process of a network or a computer or device connected to a network;
• create, send, store or publish any virus, Trojan, corrupting programme or corrupted data using our Website, Network or Services; or
• give false information on our on-line applications, sign-up forms or contracts, during a telephone sign-up/change of package process with us, and/or in connection with a “One Touch Switch” process. This would include (but isn’t limited to) giving wrong or fraudulent details or information (i) about direct debits, bank accounts or credit card numbers or (ii) in relation to a wayleave or other permission to install our Services at your Premises or the Property (as applicable). If you do this, we can immediately end your agreement for our Services. You may also have criminal or other liability under law.
USERS OF PROPERTY OWNER SERVICES (INCLUDING GUEST WIFI SERVICES)
If you use any of our Property Owner Services (as described in the first paragraph of this AUP), the following terms will apply in addition to the other terms of this AUP:
• We’ll process any personal information (which may include your email address) you provide to us in connection with that use in accordance with our Privacy and Cookie Policy.
• When you use our Property Owner Services, we may collect information about your device and its location, the amount of data you use or the websites and applications you access. If you don’t want our Property Owner Services to use your location data, then you’ll need to change the settings on your device – for information on how to do this, please refer to your device manual or the supplier of your device. Our Privacy and Cookie Policy sets out what kinds of personal data we may collect, use, store and transfer about you.
• If you have more than one device that you wish to connect to a Property Owner Service, you may need to login in separately on each one.
• We make no guarantee to you that our Property Owner Services will be uninterrupted, error free, secure or free from any virus.
• We may modify, discontinue or suspend (either temporarily or permanently) our Property Owner Services without any notice to you.
FURTHER PROVISIONS FOR GUEST WIFI SERVICE USERS
If you are a guest/visitor at the Property, the following terms will also apply:
• In order to use our Guest Wifi Service you’ll need to complete an online form prior to access. You’ll be asked to provide your name and email address as part of the login process.
• Our Guest Wifi Service is intended for access to (i) emails (ii) instant messaging (iii) internet browsing and (iv) using applications on your device. It is not suitable for downloading significant data streams or for prolonged use.
• Each person who uses the Guest Wifi Service must login into the service, individually and will be provided with a time-limited session.
• After your session ends, you’ll need to login once more if you want to use the Guest WiFi Service again.
INTERACTIVE SERVICES
• We may from time to time provide interactive services on our Website, for example, Support Chat conversations, social media and our Mary the Mersey Bot service (“Interactive Services”). Where we provide any Interactive Services, we’ll give you clear information about the kind of service offered, whether it’s moderated and, if it is, the sort of moderation that’s being used (e.g. whether it’s human or automated).
• We’ll do our best to work out any possible risks for users (especially for children) from other people when they use any Interactive Services, and will decide in each case whether to use moderation (and what kind this should be). However, we don’t have a duty to keep an eye on or moderate any Interactive Services. We also accept no responsibility for any loss or damage caused by someone who uses an Interactive Services but doesn’t follow the “Content Standards” section below (whether the Interactive Service is moderated or not).
• A child can only use an Interactive Service if their parent or guardian agrees to this. We advise parents or guardians who allow their children to use an Interactive Service to talk to their children about the risks involved with this and about staying safe online.
• Where we moderate an Interactive Service, we’ll normally tell you how you can contact the moderator, if there’s a problem.
CONTENT STANDARDS
This section sets out our content standards. These are rules which apply to all material you send, receive, communicate, publish, post, contribute, distribute, disseminate, collect, access, encourage the receipt of, use or re-use, upload, download, record, review or stream using our Network or Services and to any Interactive Services (as mentioned in the above section). We call these “contributions”.
As with unacceptable use, the list below doesn’t set out every standard which we may apply to your contributions but helps you understand what your contributions can and can’t contain. The standards apply to each part of any contribution, as well as to the whole contribution.
Contributions must:
• be accurate (where they give facts);
• be genuinely held (where they give opinions); and
• follow the laws and regulations of the UK (and of any country they come from) that apply to them;
Contributions mustn’t:
• contain false statements that harm anyone’s reputation;
• contain any material which is indecent, obscene, offensive, hateful or meant to stir up anger;
• promote sexually explicit material;
• encourage violence;
• encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right, intellectual property right or trade mark of any other person.
• be likely to deceive any person;
• be made by breaking a legal duty owed to another person, (like a duty under a contract or a duty to keep material secret);
encourage any illegal activity;
• be threatening, abuse or invade someone else’s privacy, or cause annoyance, trouble or unnecessary stress;
• be likely to trouble, upset, embarrass, alarm, scare or annoy any other person;
• be used to impersonate any person, or be dishonest about your identity or connection to any person;
• give the impression that they come from us, if this isn’t true; or
• encourage or help an unlawful act, like (as an example only) copyright infringement or computer misuse.
SECURITY
You’re responsible for protecting the customer ID, password(s) and/or login you use to access our Services and/or your Accounts. You’re also responsible for any use of your password(s) and/or login (even if you didn’t allow it).
• You shouldn’t disclose your customer ID or any password(s) or login to anyone else. If you do, you’re responsible for their use of your Account, device, login and/or our Services. If your customer ID, password or login is disclosed or used without your permission, you must tell us immediately.
You mustn’t use your customer ID, password(s) or login to use our Network, Services or Website, in a way that we’d find unacceptable. Nor should you use them to access or try to access other parts of our Network or Services where we haven’t given you permission to do this.
• You’re responsible for taking all reasonable steps necessary to stop someone else accessing our Network or Services through your Account, device or login, where you’ve not given them permission to do this.
• You must protect your computer (or any other device you use to connect to our Services) from viruses, adware, malware and spyware by installing and updating suitable anti-virus and security software. We’re not responsible for security problems with your computer, its files, or its applications.
• You must keep copies of your own data. We’re not responsible for any loss of your files or data.
• You must tell us immediately if you think that any part of this “Security” section has been breached.
• We cannot guarantee the security/privacy of our Property Owner Services (which includes the Guest Wifi Service). Any user of these Services is responsible for protecting their data.
EXCESSIVE USAGE
We don’t have a traffic management policy, although we may choose to use one in the future (with or without notice). But our system does flag excessive use and if we believe that your use of the internet, our Network or Services is so excessive that other customers’ Services are being harmed, then we may give you a written warning (by email or otherwise) to reduce your use. If you don’t do this, we may suspend or end your Services. If you’re using our Property Owner Services (which includes the Guest Wifi Service), we may also restrict your connection if your usage is so excessive that it is likely to harm others’ use of those Services.
OUR LIABILITY TO YOU AND THE LIMITS ON OUR LIABILITY
If our negligence causes death or personal injury, we accept responsibility for this and there’s no limit to our liability. We also accept responsibility for fraud, fraudulent statements or any other liability that the law doesn’t let us exclude or limit.
Except as set out in the paragraph above, we won’t be responsible for any liability in contract, tort (including breach of statutory duty) or any other liability which arises under or in connection with this AUP and we exclude our liability to the fullest extent permitted by law.
HOW WE WILL DEAL WITH BREACHES
We can use either human or automated (AI) methods to see if you’re following this AUP.
When you use our Services or our Website, you give us (or our agents or subcontractors) permission do this this by checking your networks and/or machines and your use of our Network, Website and/or Services.
• If we think you haven’t followed this AUP, we may investigate this. We’ll try to act reasonably and fairly when we do. If we decide that you haven’t followed this AUP, we can take any action (as set out in the next paragraph) that we think is suitable.
• If we find that you haven’t followed this AUP, you may also have broken our Mersey Fibre Residential Customer Terms of Service (if applicable to you). We can either deal with the matter under these documents (if applicable to you) or take any of the following actions (with or without notice):
(i) immediate, temporary or permanent suspension or ending of your Services;
(ii) immediate, temporary or permanent removal of any posting or material uploaded by you to the internet using our Services or to our Website whether or not using our Services;
(iii) the issue of a warning to you;
(iv) legal proceedings against you to fully compensate us for all costs to us (including reasonable administrative and legal costs) resulting from you not following this AUP (this is called an indemnity and makes you 100% responsible for the full amount of any claim we have against you);
(v) further legal action against you; and
(vi) the disclosure of any information to law enforcement or other appropriate authorities or regulators that we reasonably think is necessary.;
We aren’t limited to the actions we’ve just set out – we can take any other action we think is reasonably appropriate. We don’t accept any liability resulting from actions we take because of you not following this AUP.
NOTIFICATIONS AND COMPLAINTS
Mersey Fibre has a procedure for handling reports or complaints about this AUP.
If you’re reporting any illegal or unacceptable use of our Services or Website, please give us as many details and as much evidence as possible to help us understand and investigate the problem.
This could mean copies of messages and/or headers, full URLs or log files showing unauthorised access to your account, depending on the type of unacceptable use you’re telling us about. Please always make sure you include a short description of why you’re making the report, together with your name and full contact details.
If you have any comments or queries about our AUP, or want to report an unacceptable use of our Network, Website or Services, please contact our Customer Support by sending an email to abuse@merseyfibre.co.uk or calling 0151 279 2000.
You can find more information about our complaints procedures in our Complaints Code of Practice. Alternatively, you can ask us to send a copy of this to you.
JURISDICTION AND APPLICABLE LAW
Your Agreement with us is made under English and Welsh law. If a dispute arises that we can’t settle between us, despite following our Complaints Code of Practice, it’ll be decided in the English and Welsh courts. If we choose to, though, we can use the courts where you live (if this isn’t England or Wales) or in any other country we think is appropriate.
CHANGES TO THESE TERMS
We may update or change this AUP at any time. We’ll publish details of the updates/changes on our Website. If you’re our customer, we’ll also email you to let you when we’re making these updates/changes. If you’re not our customer, you should check our AUP either on our Website from time to time or the captive portal used by you to access our Services (if you are a user of our Guest Wifi Service or another Property Owner Service) when you next login at the Property to take notice of any changes we made, as they’re legally binding on you.