ZOOM INTERNET LIMITED
Standard Terms and Conditions for Zoom Internet Customers
INTRODUCTION
Zoom Internet Limited (Zoom) is an Internet Service Provider (ISP). This means that the only business in which Zoom is engaged is the provision of an internet service.
For the average home user Zoom currently offers three access packages - levels of internet access provision, details of which are available online, or can be supplied upon request.
In addition to the above, for businesses Zoom offers two internet access packages plus tailor made packages. Customers, with specialist needs, should arrange to meet with one of our consultants to discuss their needs.
The customer should opt for that level of internet access provision which will match their needs. Customers are invited to discuss their needs with one of our specialists. Access packages are competitively priced to reflect the level of service provided.
In the future, Zoom may expand its range of activities beyond the current, single service of being an ISP. Customers of Zoom will be advised of these new services, when Zoom is ready to offer them to its customers.
Zoom does not resolve computer problems.
Zoom does not resolve software problems.
Zoom is not able to eradicate viruses from a customer's computers.
Zoom does not erect aerials/masts or any other equipment on buildings. Zoom does have approved independent installers one of whom will be asked to make contact with the customer. The installer if authorized to proceed by the customer will be the customer's contractor and not Zoom's contractor or agent.
These Terms and Conditions ("Terms") apply to the provision of Zoom's internet service.
Prospective customers are advised to read the Terms carefully to ensure they are fully conversant with Zoom's conditions of business.
To become a customer of Zoom the individual or the person responsible for a business or other enterprise must sign or otherwise signify acceptance (if completed online) a copy of these Terms to confirm that they have been read and understood and will apply to the provision of Zoom's internet service. Connection to the internet service cannot be commenced until this has been done.
Once the Terms have been accepted and the appropriate installation fee paid a site survey will be carried out. Thereafter the approved installer will contact the customer to arrange an appointment for the aerial to be installed. Once installed a member of Zoom's specialist configuration team will contact the customer to arrange to visit the installation address and connect service.
WHAT IS THE EFFECT OF THE TERMS ?
The Terms set out the legal relationship between the customer and Zoom and the basis on which Zoom will provide goods and services to the customer.
'Services' will include (as applicable) "Zoom 40G", "Zoom 100G","Zoom Unlimited", "Business Standard", "Business Pro" or "Business Bespoke" broadband internet connection and access; Zoom network router, or access point, depending on type of service chosen; associated cables; IP address services; firewall services*; any other such services as are agreed in the customer' order, or as Zoom may agree to provide from time to time.
*Whilst Zoom does provide Firewall Services these are never sufficient to adequately protect your devices from malware, viruses etc. Zoom strongly advises and recommends that you install anti-virus software on your devices and keep this upgraded and up-to-date.
You the customer agree to be bound by the Terms either by ticking the box next to 'I accept the Terms and Conditions' on our website, or by physically signing the Terms and Conditions document (when it is not possible for you to place, or confirm, an order online).
While the Terms set out the express terms on which Zoom agrees to provide the Services nothing in the Terms affects your statutory rights.
For your further understanding of Zoom's service you should also read our "Fair Usage Policy". These documents can be accessed online or on request hard copies will be supplied to you.
Below is a Glossary of terms for further clarification of meaning:
GLOSSSARY
In these Terms unless the context states, or requires otherwise:
"Access Package" means the level of internet access provision, which the customer has opted to request.
"Business" means a business trade profession or commercial activity
"Consumer" means a natural person who for the purposes of The Consumer Protection (Distance Selling) Regulations 2000 in entering into the Contract is acting for purposes which are outside his Business
"Content" means data, information, video, graphics, sound, music, photographs, software and any other material (in whatever form) which may be made available to you as part of the Service.
"Contract" means the agreement between Zoom and you incorporating: these Terms; the information given on the Zoom Application for the Provision of Internet Service Form; the Acceptable Use Policy; the Access Package.
"Contract Date" means the date Zoom communicates to you acceptance of your order for its Service
"Assist Line" means the facility provided by Zoom to handle enquiries and administration for the Service.
"Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/Internet Protocol").
"Minimum Period of Service" means the length of the term of the contract which you have made with Zoom. The effective date for the commencement of the contract term is the date from which the service goes "Live" i.e. the service has been connected, configured and demonstrated to you, to your satisfaction.
You should note that the installation process is not undertaken by Zoom.
No profit is made by Zoom as a result of the installation process.
The period of time taken up by the installation process does not constitute part of the term of the contract with Zoom.
Once the order for the installation of our aerial has been made no refund of the installation charge can be made.
"Payment Date" is the date upon which your monthly payment is due. You will be notified of this date by Zoom when you are supplied with details about how to effect payment
"Application for the Provision of Internet Service" means the online registration form available at Zoom Broadband Homepage or a hard copy of which can be obtained from Zoom.
"Service" means the service provided by us to you whereby you can gain access to the Internet including Content and, where applicable, any other services and applications which we provide and you use in connection with the Service, as set by Zoom and varied by us from time to time.
"You" means the person Zoom makes this Contract with.
"We", "Our" and "Us" means Zoom Broadband Ltd.
Zoom has listed below details which apply to the provision of an Internet Service from Zoom:
1. How do you order Zoom's Services?
2. Commencement of this Contract
3. Provision of the Service
4. Charges
5. Security
6. Use of the Service
7. Restrictions on Use
8. If You Break this Contract
9. Ending this Contract after the Service is provided
10. Zoom's liability
11. What are the limitations of Zoom's responsibility
12. Changes to this Contract
13. Assignment
14. Matters beyond Zoom's reasonable control
15. Giving Notice
16. Software
17. Reimbursement
18. Third Party Rights
19. Law and Jurisdiction
1. HOW DO YOU ORDER ZOOM'S SERVICES?
1.1 To order our Services you must be:
a. Over 18.
b. A resident of the United Kingdom.
c. You need to complete our Zoom Application for the Provision of Internet Service Form and sign or signify your acceptance of the Terms
1.2 The Zoom Application for the Provision of Internet Service Form will require that inter alia the following information be provided:
a. Full name
b. The house/flat/company address, at which the connection to the Zoom service is to be provided.
c. Valid mobile phone number and/or landline.
d. Current email address
e. Whether your use of the Service will be wholly or in part for the purposes of a Business.
1.3 You warrant that you are either resident at the installation address or such address is the place from which you carry on your Business.
1.4 By placing your order you are making an offer to enter into an agreement with us for the purchase of the Service you have chosen subject to the Terms. Zoom will contact you if Zoom accepts your offer. Zoom may exercise its discretion to refuse to provide any part of the Zoom Service to you.
2. COMMENCEMENT OF THIS CONTRACT
2.1 The Contract starts on the Contract Date.
2.2 The effective date for the contract term is the day when your Service is connected configured and has been demonstrated to you.
The steps are:
a. Complete the Zoom Application for the Provision of Internet Service Form.
b. Choose which Access Package you require.
c. Sign (or online signify acceptance of) the Terms.
d. Pay for the installation of the aerial. The cost of the installation will be dependent upon a site survey.
e. Pay for first month's rental as per Zoom package chosen.
f. Site survey.
g. Arrange the visit with the aerial installers.
h. Installation of the aerial at your address.
i. Visit to your address to connect the cables, configure your computer and demonstrate how to use the service.
2.3 If you are a Consumer (see definition above) but not otherwise and you make your application to Zoom online then by law you have the right to cancel the Contract within seven working days of entering into it (the "cooling off period"). If you cancel the Contract during the cooling off period the Contract is treated as if it had not been made. You lose the right to cancel during the cooling off period once we have undertaken step at 2.2 above. You may cancel your application by contacting our Assist Line (see 3.17 below) between the date of your order and receipt by you of our acceptance without incurring any charges. If we have already confirmed acceptance of your order we will do our best to halt implementation as soon as possible but we may have to levy a charge if we have been charged for work undertaken in connection with implementing your order.
Where you cancel and we have provided Equipment you will be required to return the Equipment to us (unused and in the same condition as when it was provided to you) within 15 working days at your cost.
3. PROVISION OF THE SERVICE
Zoom Equipment Provided
3.1 After accepting your order we will provide the following Equipment:
- a wireless router or access point;
- cables;
- an aerial to your delivery address after an onsite survey has taken place.
All of the Equipment remains the property of Zoom. You must take good care of the Equipment while it is in your possession.
3.2 If your aerial is faulty you must notify Zoom immediately by contacting Zoom by phone or email. Zoom will repair or replace the faulty item at no cost providing the fault is not caused by your abuse or negligence.
3.3 If the fault is caused by your abuse or negligence:
a. Zoom may charge you the reasonable costs of any repair or replacement.
b. You will not be credited for charges incurred during the downtime.
c. You may have to pay a reconnection fee of £25.
3.4 You are only permitted to use the Zoom Equipment to connect to the Zoom network.
3.5 Upon termination of the Contract you must arrange for the return the Equipment to Zoom at your cost:
a. Zoom must receive the Equipment within 14 days of the termination date.
b. If Zoom does not receive the Equipment within that time frame you will be held responsible and Zoom may take action to recover all losses charges costs and interest together with legal fees from you.
c. If you keep any Equipment after Zoom stops providing Services it may be purchased from Zoom but it will be supplied to you 'as is' without warranty and Zoom will not be able to support it. The cost of purchase will be the full cost which Zoom has to pay to replace that item, including any expenses incurred in doing so, e.g. postage, etc.
3.6 All Equipment content or other material Zoom supplies to you is for your own use and you must not copy change or publish the material or supply it to any other person for any purposes.
3.7 We agree to provide you with the Service on the Terms.
3.8 In performing our obligations under the Contract we will exercise the reasonable care and skill of a competent Internet service provider.
3.9 The Service allows you to access the Internet. The Internet is separate from the Service and use of the Internet is at your own risk and is subject to any applicable laws. We have no responsibility for any goods services information software or other materials obtained by you when using the Internet.
3.10 Zoom cannot guarantee that the Service will never be faulty but Zoom will correct reported faults in our Equipment as soon as we reasonably can. If a fault occurs you should report the fault by electronic mail. Email to support@zoom-internet.co.uk. This method of contact may be varied or added to by Zoom from time to time.
3.11 You are responsible for providing a suitable PC.
3.12 Zoom will use reasonable efforts to make the Service available 24 hours per day, 7 days a week, but from time to time faults may occur which affects this level of Service availability.
3.13 Zoom may temporarily suspend the Service because of an emergency or for operational reasons maintenance or improvements but before doing so will give you as much notice as is reasonably practicable. Zoom will restore the Service as soon as reasonably practicable after temporary suspension. In the event that the Zoom service is suspended for in excess of 3 working days you are entitled to claim for the total period of the suspension of the Service.
3.14 Zoom may, from time to time, vary the technical specification of the Service, or alter any code or number associated with the Service. Zoom will give you as much notice as we reasonably can of any such variations, which affect your use of the Service.
4. CHARGES
4.1 You agree to pay all charges for the Service as specified in the Access Package and by the method of payment agreed upon commencing the service.
4.2 Methods of payment are: Standing Order, BACS, Paypal or cash.
4.3 Unless otherwise specified in the Access Package all charges are payable in advance. Unless Zoom notifies you to the contrary liability for charges will start on the day Zoom first makes the Service available to you.
4.4 Your Payment Day will be notified to you once the Service is fully operational.
4.5 Unless the Access Package provides otherwise all charges for the Service are inclusive of Value Added Tax at the current rate where VAT is chargeable.
4.6 In the event that payment for the Service is not received on time the Service will be discontinued at 5.00 pm on the day following the Payment Day. There will be a charge for reconnection of £25 which must be paid prior to reconnection together with any outstanding Service payment.
5. SECURITY
5.1 In order to access the Service you will be issued with a set of unique passwords and user names.
a. You must keep this information to yourself.
b. You are responsible for the security and proper use of all passwords relating to the Service and must take all necessary steps to ensure that all passwords are kept confidential secure and are used properly.
c. In the event that you do give your passwords etc. to other internet users you will be responsible for the ensuing problems which you may experience with your service and charged for resolving the problem.
d. The speed of your internet connection will be detrimentally affected if another user accesses the internet with your password.
e. You may also experience being, "Bumped Off" the internet if another user accesses the internet with your password.
5.2 You must inform Zoom immediately if you have any reason to believe that any password or user name has become known to someone not authorised to use it or if any password or user name is being or is likely to be used in an unauthorised way.
5.3 If Zoom has reason to believe that there is likely to be a breach of security or misuse of the Service:
a. Zoom may change your password or user name and notify you accordingly and/or
b. Suspend your user name and password and access to the Service.
5.4 If you forget any password, by phoning Zoom and satisfying such security checks as we may operate, you will be given a new password to enable you to use the Service.
5.5 You agree to notify Zoom immediately of any changes to the information you give to Zoom during the Application Process including any changes to your account details.
5.6 You confirm and warrant that all the information supplied by you, when you apply on-line for the Service is true complete and accurate in all respects.
6. USE OF THE SERVICE
6.1 You must ensure that you will comply with all consumer and other legislation instructions and/or guidelines issued by regulatory authorities relevant licences and any other codes of practice which relate to the provision of your Service and which apply to you and/or which Zoom may inform you of.
6.2 You must not use the Service:
a. Fraudulently or in connection with a criminal offence.
b. To send knowingly receive upload download use or re-use any material which is offensive abusive indecent defamatory obscene or menacing or in breach of copyright confidence privacy or any other rights.
c. To cause annoyance inconvenience or needless anxiety.
d. To send or provide unsolicited advertising or promotional material or knowingly to receive responses to any unsolicited advertising or promotional material sent or provided by you or by any other party.
e. In an unlawful manner in contravention of any applicable legislation or licence or in contravention of Zoom's Terms and Fair Usage Policy as may be amended by Zoom from time to time and which you are strongly advised to read; or
f. In any way that does not comply with any instructions that Zoom has given to you.
6.3 You must not use a Sub-Domain Name so as to infringe the rights of any person (whether in statute or common law) in a corresponding trademark or name.
6.4 If anyone other than you uses the Service with or without your knowledge or approval in contravention of any of paragraphs 6.1 - 6.6 inclusive Zoom can treat such contravention as a breach by you of the Contract for the purposes of paragraph 8 which shall apply accordingly.
6.5 You must tell Zoom immediately if any third party makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service and you will at Zoom's request immediately stop the act or acts complained of. If Zoom asks you to you must confirm the details of the claim(s) in writing.
7. RESTRICTIONS ON USE
7.1 The Service is provided solely for your own use. You must not re-sell or attempt to re-sell the Service (or any part or facility of it) to any third party. As explained above any lapse on your part will result in slower internet speeds.
7.2 If, following routine system administration of the Service (including without limitation server network and security monitoring, and monitoring for unattended logins) Zoom detects that your use of the Service:
a. Impairs the integrity of the system and/or the network used to provide the Service; or
b. Causes detrimental performance of the Service to you or any other customer; Zoom reserves the right on giving you prior notice where practicable to suspend your access to the Service (without prejudice to our right to terminate the Contract under paragraph 8.1) until we receive assurance from you that you will not use the Service in such a manner.
7.3 You should be aware that whilst the Zoom Broadband service is intended to provide 24-hour internet access availability it is not intended to be an "always on" service. Accordingly Zoom reserves the right in particular to take the action described in 7.2 above against customers subscribing to that service whom we reasonably consider are:
a. leaving their internet connection online while unattended; or
b. configuring their computer to automatically redial their internet connection in their absence.
7.4 Zoom's Terms may be adjusted/altered by Zoom to reflect developments; any such changes will be made known to you and displayed online or elsewhere relating to particular Content (or any application provided to you as part of the Service). If you choose to access such Content and/or application you will need to comply with the Terms that apply to them.
8. IF YOU BREAK THIS CONTRACT
8.1 Zoom can suspend the provision of the Service to you or end this Contract (or both) with immediate effect on giving you notice if:
a. You breach any provision of this Contract and fail to remedy the breach within a reasonable period of being asked to do so;
b. Zoom believes the Service is being used in a manner prohibited under paragraphs 6 or 7, even if you are unaware that the Service is being used in such a way.
8.2 If Zoom suspends the Service for breach of this Contract by you we will not restore it until we receive an acceptable assurance from you that there will be no further breach. While the Service is suspended under this paragraph you must pay the charges for the Service until the Contract is terminated. You will also have to pay a reconnection fee of £25.
8.3 If Zoom ends this Contract under paragraph 8.1 you must pay us all charges which are due for the Service under this Contract including any unpaid charges for the remainder (if any) of the opted for Service.
8.4 If Zoom delays in acting upon a breach of this Contract by you that delay will not be regarded as a waiver of the breach. If Zoom waives a breach of this Contract by you that waiver is limited to the particular breach and must be given by Zoom in a written format.
9. ENDING THIS CONTRACT AFTER THE SERVICE IS PROVIDED
9.1 At any time after the Service has been provided it may be ended by:
a) 7 days notice from Zoom to you; or
b) 1 months notice from you to Zoom.
You must pay the charges for the Service up to the expiry of the notice.
Termination by Zoom under this provision is in addition to any other right of termination Zoom may have under the Terms.
9.2 If you give Zoom notice during the term of the contract for the Service (other than because we have increased our charges for the Service changed any of the Terms to your detriment or because of any events covered by paragraph 13 below) you must pay the charges due to the end of the Contract.
9.3 Notice given by you does not avoid any liability for the Service already provided.
10. ZOOM'S LIABILITY
10.1 Zoom being the provider of the internet service can accept no liability whatsoever for the way you use the service which may result in losses to you or others.
10.2 Zoom has no liability in contract tort or otherwise (including liability for negligence) for any loss that is not reasonably foreseeable or any loss (whether direct or indirect) of business revenue profit or savings you expected to make wasted expenditure or data being lost or harmed.
10.3 You acknowledge that Zoom has no control over the information which can be accessed by using the Service and that Zoom does not examine the use to which you put the Service or the nature of the information you send or upload. We exclude all liability of any kind for the transmission or reception of such information of whatever nature.
10.4 Zoom is not liable whether in contract tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication or Internet services or for faults in or failures of their networks and equipment.
10.5 Each provision of this paragraph 10 operates separately in itself and survives independently of the others.
11. WHAT ARE THE LIMITATIONS OF ZOOM'S RESPONSIBILITY?
11.1 It is your responsibility to use the Equipment supplied by Zoom correctly to ensure proper operation of the Service and that no injury may ensue from inappropriate use of Zoom's Equipment.
11.2 Nothing in these Terms shall restrict or exclude either party's liability for fraud or for death or personal injury caused by it or its employees' or agents' negligence.
11.3 Except as expressly set out in these Terms Zoom is not liable to pay damages for use of the Services or any losses caused by delays or interruptions. Zoom is not liable to pay damages if anyone else other than a customer gains access to that customer's connection to the Zoom Service that customer's computer and other related equipment or gains access to destroys or distorts any data or information held by Zoom.
11.4 Zoom is not responsible for any goods or services supplied in a separate agreement with another supplier even if access to these goods or services is through Zoom's network.
11.5 Except for the requirement for you to pay all charges payable under the Contract neither party's total liability to the other party with respect to the Contract for any claims arising in any calendar year (whether in contract tort arising as a result of negligence or breach of statutory duty or otherwise) shall exceed 100% of the charges due in that calendar year.
11.6 Zoom has no liability other than the duty to exercise the reasonable skill and care of a competent broadband service provider. We do not accept liability for indirect or consequential loss such as loss of profits business costs expenses (unless such losses were reasonably foreseeable to both of us when the Contract was entered into) or any other form of economic loss.
11.7 You shall at all times be under a duty to mitigate any losses suffered by you.
11.8 Each provision of this Section 11 is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.
12. CHANGES TO THIS CONTRACT
Zoom may change the Terms of this Contract including our charges for the Service at any time. Zoom will give you at least 14 days notice of any such changes before they take effect. Charges may be increased or decreased.
13. ASSIGNMENT
Only with Zoom's permission and acceptance may you transfer or try to transfer your rights and obligations under the Contract to someone else.
14. MATTERS BEYOND ZOOM'S REASONABLE CONTROL
Zoom will not be liable if we cannot do what we have promised in this Contract because of something beyond our reasonable control such as lightning flood or exceptionally severe weather fire or explosion civil disorder war or military operations national or local emergency anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees).
15. GIVING NOTICE
Notices given under this Contract may be given on-line by electronic mail using the Service or in writing and delivered by hand or pre-paid post to the addressee at the following address:
a. To Zoom: at the postal address or e-mail address shown or at any alternative address which we notify to you at any time.
Zoom Internet Limited
74-76 Barrack Lane
Bognor Regis
West Sussex
PO21 4DE
Email: support@zoom-internet.co.uk
b. To you: at the postal address or e-mail address you specify when registering for the Service or any other alternative address which you notify to us at any time.
16. SOFTWARE
Documentation supplied by Zoom for your use in connection with provision of the Service remains the property of Zoom.
17. REIMBURSEMENT
You must reimburse Zoom in respect of any sums Zoom is obliged to pay or losses of revenue which Zoom may experience because:
a. The Service is misused in any of the ways described at 6 above.
b. Any claims or legal proceedings which are brought or threatened against Zoom by another person in respect of defamation breach of copyright or other intellectual property right infringement which are attributable to your use of the Service.
c. If you use the Service for business purposes any claims or legal proceedings which are brought or threatened against Zoom by another person because the Service is faulty or cannot be used by them.
18. THIRD PARTY RIGHTS
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19. LAW AND JURISDICTION
This Contract is governed by English Law and you and Zoom Internet Limited submit to the exclusive jurisdiction of the English legal system.