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Broadband Specific Terms and Conditions

Rev 20 - 20/10/2009

  1. These Specific Terms and Conditions are to be read in conjunction with our General Terms and Conditions of Supply. All definitions contained within these Specific Terms and Conditions have the same meaning as those set out in the General Terms and Conditions of Supply.
  2. 1 THE SERVICES
    1. 1.1 The broadband service to which these Specific Terms and Conditions relate ("Broadband Services") provides you with high-speed access to the Internet (and includes a range of Internet services and applications as described at http://www.zen.co.uk/broadband
    2. The Broadband Services will be provided to you at the premises specified in the Customer Application. Quoted speeds for each product specified by us refer to the maximum available download bandwidth. Upload bandwidth for the broadband Service (excluding SDSL products) may vary up to a maximum of 1Mbps. For SDSL products, maximum upload bandwidth will vary depending on the service ordered.
    3. 1.2 Broadband services listed under the Zen Office product set are for use by Business customers only. Zen reserves the right to request Company registration and / or VAT registration numbers in instances where we perceive the service to be being used improperly.
    4. 1.3 A customer's use of the Zen Office broadband service constitutes acceptance of the Fair Usage Policy, as stated in Section 3 of Zen's Acceptable Usage Policy: http://short.zen.co.uk/?id=967
  3. 2 COMMENCEMENT OF SERVICES
    1. 2.1 We need to do the following to be certain that we can provide you with the broadband Services and before accepting your Customer Application;
      1. a) Successfully complete a line test and survey; and
      2. b) Successfully activate the broadband services.
    2. If it is not possible to provide the broadband Services because one of the above can not be completed successfully, we will notify you as soon as possible.
    3. 2.2 To enable us to provide the broadband Services, certain equipment may need to be installed at your premises. Before accepting your Customer Application, we may give you some advice on any necessary preparation. You will need to provide a suitable location for any equipment which is purchased from us, or which you supply yourself, as well as the items listed; http://short.zen.co.uk/?id=966
    4. 2.3 When the broadband Services are being activated at your premises, you may lose your telephone service for up to two hours. This is because your existing connection needs to be adjusted to allow you to access the broadband Services. We will endeavour to make any loss of telephone service as brief as possible.
    5. 2.4 We will use all reasonable efforts to activate the broadband Services by the date notified to you following acceptance of your Customer Application, however it should be noted that all dates are estimates and we cannot guarantee that they will be met.
    6. 2.5 If you choose to use the Zen SmartSTART service we will require access to the data stored on your router. Our service teams may need to review and change your details, but will only do so if required. We will always endeavour to support, update or secure your connection and will not exercise this right for any other purpose.
    7. We will require access to any password held on your Zen SmartSTART device (using TR-069 protocol) connected to our Service.Whilst we will at all times endeavour to keep your data and router safe and secure, when accessing your router details we will not be held liable for;
      1. a) Damage or loss to your router or data through changes we make; and
      2. b) Loss of data or damage to any equipment that you have connected to the router.
  4. 3 TRANSFERABILITY
    1. 3.1 Broadband Services are transferable between telecommunications lines where there is a change of property address and a new line is being installed.
    2. 3.2 Your broadband User Name is not transferable on a telecommunications line that has not been enabled for broadband by Zen Internet.
  5. 4 YOUR WEB SPACE
    1. 4.1 As part of the broadband Services, you are provided with Web space to enable you to upload your own Web site(s).
  6. 5 PRODUCT REGRADES
    1. 5.1 Speed of service regrades between our range of unlimited broadband services take between 1 and 5 working days to process from the order being received.
    2. 5.2 Speed of service downgrades between our capped broadband services (Lite, Active, Pro, Office and Office Max) will only occur at the next billing date.
    3. 5.3 Speed of service upgrades between our capped broadband services (Lite, Active, Pro, Office and Office Max) will occur in the timescale stated in 5.1.
    4. 5.4 In the event that you move to our 21CN Service, you acknowledge that when the new Services are being activated at your premises, you may lose your telephone service whilst your Service is being transferred. This is because your existing connection needs to be adjusted to allow you to access the new Service.
    5. We will use our reasonable endeavours to make any loss of telephone service as brief as possible and to contact you prior to the move taking place, but you acknowledge that the timing of the move and the period of the loss of Service are within the sole control of a third party contractor and are, therefore, outside of our control.
    6. 5.5 We cannot accept any liability for any costs, expenses, losses, damages or other liabilities (howsoever arising) which you may incur as a result of the timing of the move or the period of the losses of Service referred to at Clause 5.4 above.
  7. 6 HARDWARE
    1. 6.1 All Broadband (ADSL) hardware that you purchase from us is covered by a one year warranty.
    2. 6.2 In the event that you find items missing from any hardware ordered, you will have 10 calendar days from the date on which the hardware is originally delivered to you to notify us of any missing items. If you notify us within the 10 calendar day period we will send out replacement items free of charge. After the 10 day period has passed, you will be charged for replacement parts and delivery costs.
    3. Please be aware that each item has a recorded delivery time from our hardware supplier depot. This information will be used to remedy any disputes regarding the start and end of the initial 10 day period.
    4. 6.3 If hardware is damaged during delivery, or should you encounter a problem with the router within the one year warranty period, please follow the returns process below:
      1. a) Please contact Zen Technical Support to report the fault 0845 058 9000 (Option 2).
      2. b) Technical Support will verify the fault and complete a Return Merchandise Authorisation (RMA) form on your behalf.
      3. c) You will receive a pre-paid, addressed jiffy bag for you to return the router to our supplier.
      4. d) From the time of notification, we will arrange for a replacement router to be delivered to you.
    5. This does not in any way affect your statutory rights.
    6. 6.4 Should you wish to return hardware due to an ADSL activation failure, please follow the returns process below:
      1. a) Please contact Customer Services on 0845 058 9000 (Option 5) to confirm the failure.
      2. b) Please complete and return a Return Merchandise Authorisation (RMA) document, which can be obtained by clicking the following link: http://short.zen.co.uk/?id=9ed
      3. c) You will receive a pre-paid, addressed jiffy bag for you to return the router to our supplier.
      4. d) Upon receipt of the equipment, we will issue a credit note.
    7. Please note that returns due to ADSL activation failures will only be accepted within 14 calendar days from the date to which you receive notification of activation failure.
    8. 6.5 You acknowledge that some routers that are compatible with an 8mbps service may not be compatible with a move to a 20mbps (ADSL2+) service and that you may have to purchase an alternative router at your own cost in order to be able to access the 20mbps (ADSL2+) service.
    9. 6.6 In the event that you do not wish to purchase a new router to access the 20mbps (ADSL2+) service, we will transfer your Service from the 20mbps (ADSL2+) service back to your original contracted Service at no cost to you.
    10. 6.7 For the avoidance of doubt, we can only offer support and assistance in respect of Zen supplied routers. If you choose to purchase a router from a third party, you will be responsible for ensuring that you have access to appropriate support and assistance in respect of that router.
  8. 7 TERMINATION
    1. 7.1 You may end the Agreement at any time before the Service is activated and available for you to use, and:
      1. a) If you are a Business User, a cancellation charge of £50 plus VAT applies for orders which have been processed and sent to BT
      2. b) Equipment purchased or provided by us to enable you to receive the broadband Service must be returned at our request, in the pre-paid postage jiffy bag that we send to you, in accordance with instructions given in our RMA document: http://short.zen.co.uk/?id=9ed
    2. Upon receipt of the completed document, we will refund you for any payment received from you for such equipment (where applicable).
    3. 7.2 Should you decide that the router you have ordered is not suitable for your needs, or should you cancel the order, you are eligible to receive a credit note if you return the router within the first 14 calendar days from receipt of the equipment. The credit note will exclude a £8.25 return postage charge. Please follow the return process below:
      1. a) Please contact Customer Services as soon as possible on 0845 058 9000 (Option 5) to confirm that you are cancelling the order / do not require the router.
      2. b) Please complete and return a Return Merchandise Authorisation (RMA) document, which can be obtained by clicking the following link: http://short.zen.co.uk/?id=9ed
      3. c) You will receive a jiffy bag for you to return the router to our supplier.
      4. d) Upon receipt of the equipment, we will issue a credit note.
    4. Important
      Please ensure that you ONLY return goods to the address supplied on the pre-paid jiffy bag. Please do not return goods directly to Zen Internet, as this may result in further charges being incurred by you.
    5. Returned goods should be returned in the same condition that you originally received them, together with their original packaging. We reserve the right to recover compensation from you should the goods arrive with us in less than saleable condition or are damaged in any way.
    6. In order to minimise any delay in dealing with your exchanged or returned item(s), please wrap the item(s) securely for transit, using the original packaging and remember to enclose your original despatch note (you may wish to keep a copy for your reference). All goods should be in the same the condition you originally received them. We would also recommend you include your address details on the package as the return to sender information.
    7. This does not in any way affect your statutory rights.
    8. 7.3 Once the broadband services have been activated and are available for you to use, you may only end this Agreement by notice equal to the Minimum Cancellation Notice Period, stated in the General Terms and Conditions of Supply as 14 days, to expire on or after the Minimum Service Period, which is 30 days in the case of ADSL and 12 months in the case of SDSL.
    9. 7.4 If we or BT deem that your telecommunications line is not capable of supporting an ADSL service we reserve the right to terminate your ADSL broadband Service immediately without notice and issue a refund for any Services not provided. Examples include;
      1. a) Your line is too far away from the telephone exchange, or
      2. b) The quality of your line is too poor.
    10. 7.5 Notwithstanding the provisions of clause 7.4, we reserve the right to move you onto a different product at no additional cost to you, if, in our reasonable opinion, it would mean that your service would perform better, provided always that such alternative product shall be of equivalent price to your existing product.
    11. 7.6 In the event that you cancel or change ownership of your BT telephone line, your broadband Service will be terminated and any remaining Charges will become immediately due and payable.
  9. 8 GENERAL
    1. 8.1 We reserve the right to raise an 'Abortive Visit Charge' of £85 + VAT when entry to your premises is refused, or no access can be gained despite you having agreed that we or any other person may access your premises.
    2. 8.2 We reserve the right to raise a 'Special Faults Investigation Charge' of £144 + VAT when you report a fault, and an engineer visits your premises, and discovers that the fault is not a result of a failing or defect in the broadband Services and/or the Equipment.
    3. 8.3 We reserve the right to raise an SDSL 'Shifts of Business exchange lines order'. This comprises of an 'engineer visit' priced at £99.00 + VAT per visit and a 'line shift within the premises' priced at £74.00 + VAT per line.

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