Nano Fibre UK – Terms & Conditions
1. Definitions & Interpretation
1.1 “Company” means Nano Fibre UK Limited.
1.2 “Customer” / “You” means the person or entity placing an Order or receiving the Services.
1.3 “Services” means the broadband, fibre, or telecommunications services provided by the Company.
1.4 “Equipment” means any router, terminal, cabling, or hardware supplied by the Company.
1.5 “Agreement” means these Terms & Conditions plus any Order, service schedule, pricing schedule, and related documents.
1.6 “Premises” means the property address where the Services are installed or to be installed.
2. Application of Terms
2.1 These Terms apply to all Orders and Services unless otherwise agreed in writing by a duly authorised representative of the Company.
2.2 Any additional or different terms proposed by the Customer are only binding if accepted in writing by the Company.
2.3 If any part of these Terms is held invalid or unenforceable, the rest remain in effect.
3. Ordering & Acceptance
3.1 Before accepting an Order, the Company may carry out feasibility checks (e.g. availability of fibre, line qualification, site survey).
3.2 If the Company cannot provide the Services (e.g. due to lack of infrastructure), it may reject the Order or propose alternative terms.
3.3 The Order is only accepted when the Company issues an order confirmation or begins to provision the Service.
4. Provision & Installation
4.1 The Company will use reasonable efforts to meet any stated installation dates, but these dates are estimates only and not guaranteed.
4.2 Access: You must allow the Company reasonable access to the Premises for installation, maintenance, repair, or inspection.
4.3 If access is denied or delayed, the Company may charge for additional costs or reschedule the work.
4.4 The Customer must ensure that internal wiring, power supply, and site conditions are adequate for installation.
4.5 The Customer is responsible for obtaining any permissions, consents, or wayleaves needed on their Premises (unless otherwise agreed).
5. Risk, Title & Ownership
5.1 Risk in the Equipment passes to the Customer on delivery or installation (whichever is later).
5.2 Title (legal ownership) of the Equipment remains with the Company until the Customer has paid in full.
5.3 Until title passes, the Customer shall:
a) Keep the Equipment properly stored and identifiable as the Company’s property.
b) Not dispose of, encumber, or remove identification marks.
5.4 If the Customer sells the Equipment before paying for it, they must hold proceeds on trust for the Company.
6. Charges, Invoicing & Payment
6.1 The Customer agrees to pay all charges for the Services and Equipment as set out in the Order or price schedule.
6.2 Charges may include installation fees, monthly service fees, usage fees, late fees, or charges for extra services.
6.3 Unless otherwise stated, payment is due within 30 days of invoice date (or earlier if stated).
6.4 If the Customer fails to pay on time, the Company may:
a) Charge interest on overdue amounts (e.g. at a rate of 2% over bank base rate or a fixed rate).
b) Suspend or terminate Services.
c) Recover reasonable costs of debt recovery.
6.5 All charges are exclusive of VAT (or applicable sales tax), which shall be added where applicable.
7. Service Levels & Performance
7.1 The Company may set target performance levels (e.g. speeds, availability). These are targets, not guarantees, unless expressly stated.
7.2 The Company does not guarantee continuous, fault-free Service and may suspend Service for maintenance or emergency repairs.
7.3 The Customer agrees to comply with any Acceptable Use Policy (AUP) or other usage constraints (e.g. no unlawful use, no excessive bandwidth abuse).
7.4 The Customer must notify the Company promptly of Service issues or faults.
8. Faults, Repairs & Maintenance
8.1 The Company will use reasonable efforts to respond to fault reports and carry out repairs.
8.2 The Customer must provide necessary access and not obstruct repair work.
8.3 If faults are caused by Customer misuse, third-party equipment, or unauthorised modifications, the Company may charge for repair.
8.4 The Company may upgrade or modify network infrastructure; if this causes temporary disruption, it shall not be a breach of contract.
9. Term, Termination & Cancellation
9.1 The Agreement begins on the date the Service is accepted or installed and continues in force for the minimum contract term specified (if any), thereafter on a rolling basis.
9.2 The Customer may cancel or terminate subject to the terms of the Agreement (e.g. notice period, cancellation charges).
9.3 The Company may terminate or suspend Services by giving notice if the Customer breaches a material term (e.g. fails to pay, breaches AUP, denies access).
9.4 On termination:
a) The Customer must return all Equipment in good condition (fair wear and tear excepted).
b) The Customer remains liable for all charges incurred up to termination and any early termination fees.
9.5 Some obligations (e.g. payment, confidentiality, indemnities) survive termination.
10. Warranties, Disclaimers & Liability
10.1 The Company warrants that it will provide Services with reasonable care and skill in accordance with applicable laws.
10.2 Except as expressly provided, all other warranties, conditions or representations (statutory or otherwise) are excluded to the maximum extent permitted by law.
10.3 The Company’s liability for any single event or series of related events is limited (e.g. to the total charges paid in the preceding 12 months or the value of the relevant Service).
10.4 The Company is not liable for:
a) Indirect, consequential, incidental, or loss of profit, data, or goodwill.
b) Losses caused by interruptions, delays, or failures beyond its control.
c) Faults or failures caused by the Customer’s negligence or misuse.
10.5 Nothing in these Terms excludes or limits liability for death or personal injury caused by the Company’s negligence, or fraud.
11. Force Majeure / Events Beyond Control
11.1 The Company is excused from performance of obligations to the extent hindered or delayed by events beyond reasonable control (e.g. strikes, flood, fire, acts of government, network outages by third parties).
11.2 The time for performance is extended by the duration of such event.
12. Notices & Communication
12.1 Notices must be in writing (including by email) and sent to the address or email given in the Order or as later notified.
12.2 Notice is deemed given:
a) If by hand, on delivery.
b) If by post, 2 working days after posting.
c) If by email, when delivered (unless bounced).
13. Confidentiality & Data Protection
13.1 Each party shall keep confidential any non-public information disclosed in connection with the Agreement, unless required by law.
13.2 The Company may process personal data in connection with the Services. Processing is subject to the Company’s Privacy Policy and applicable law (e.g. UK GDPR).
13.3 The Customer authorises the Company to use, store, transfer, and disclose data to third parties (e.g. upstream providers) to deliver the Services.
14. Intellectual Property
14.1 All intellectual property rights in the network, software, Equipment, documentation, and Service design remain owned by the Company or its licensors.
14.2 The Customer is granted a limited licence to use the software, firmware, or management interfaces as necessary to use the Service (subject to licence terms).
14.3 The Customer must not reverse engineer, copy, alter, or remove markings from any Equipment or software provided.
15. Assignment & Subcontracting
15.1 The Company may subcontract or assign its rights or obligations (e.g. to network providers).
15.2 The Customer may not assign the Agreement without the Company’s written consent (not to be unreasonably withheld).
16. Waiver & Severability
16.1 No failure or delay by either party in enforcing a right is a waiver of that right.
16.2 If any clause is found invalid or unenforceable, it shall be severed or amended, and the rest of the Agreement remains in force.
17. Entire Agreement & Variation
17.1 The Agreement constitutes the entire agreement between the parties concerning its subject matter.
17.2 No variation is effective unless agreed in writing by both parties.
18. Governing Law & Jurisdiction
18.1 These Terms and the Agreement shall be governed by and construed in accordance with the laws of England & Wales (or the jurisdiction you choose).
18.2 The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.