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Terms of Use


Terms and conditions for Fusion Broadband Product Range
1. Definitions
In these terms and conditions the following terms shall have the meanings allocated to them:
"Agreement"	means these terms and conditions, the Price List, the Registration Details and the Technical Requirements;
"Carrier"	means any supplier of telecommunications services to Fusion for the Service.
"Charges"	means the charges payable by you for the Service and the CPE details of which appear on the Price List;
"CPE"	means Customer Premises Equipment i.e. router (see "Equipment")
"CRF"	means Customer Requisition Form, (the Service Order Form)
"Equipment"	means the high speed modem, router or any ancillary equipment that is purchased by you from Fusion when you subscribe to the Service that enables you to connect your PC/Network to the public telephone network and access the Internet;
"Fusion", "we" or "us"	means Fusion Media Networks Ltd of 33/41 Thamesgate House, Victoria Avenue, Southend-on-Sea, Essex SS2 6DN;
"Helpdesk Facility"	means the facility provided by Fusion to report faults in the Service;
"Minimum Period"	means a period of Three (3) or Twelve (12) months commencing from the Start Date;
"Premises"	means the residential address at which Fusion agrees to provide the Service to you;
"Price List"	means the price list published by Fusion on the price pages of www.fmn.uk.net setting out the Charges payable for the Service and the CPE, as may be amended by Fusion from time to time;
"Privacy Policy"	means the privacy policy governing our use of the personal information that we collect from you in connection with the Service and set out on our website at http://www.fmn.uk.net/privacy.php;
"Registration Details"	means the personal information you provide on registration for the Service and which may be subsequently changed or amended by you or on behalf;
"Service"	means the Fusion Broadband service that provides you with high speed access to the Internet via your Carrier telephone line and using the Equipment, whilst retaining the ability simultaneously to carry out voice telephone conversations, where applicable together with various Internet based services available to Members of Fusion, for example email facilities, personal web space, access to the World Wide Web and other services and applications that we may introduce from time to time;
"Service Availability Area"	means a geographic area specified by Fusion where the Service is potentially available, as published on Fusion's web site www.fmn.uk.net as may be amended from time to time;
"SMTP"	means Simple Mail Transfer Protocol
"Start Date"	means the date when the Service or any part of it is first made available to you or when you first start to use the Service, whichever is the earlier;
"Technical Requirements"	means the requirements to enable the Service to be provided to you as published on Fusion's web site www.fmn.uk.net;
"you/your"	means the person with whom Fusion is making the Agreement, as specified in the Registration Details.
2	The Service
2.1	Registering with the Service gives you the ability, subject to Clause 4, using a PC (of appropriate specification) and, where appropriate, Equipment, to access the Internet on an "always-on" basis at transmission speeds up to 1Gbps.
2.2	The Service will be provided or procured by Fusion with reasonable skill and care and in accordance with the provisions of this Agreement.
2.3	If you use the Service for business purposes you agree that you do so without any conditions, guarantees, warranties, whether express or implied including but not limited to any warranties or conditions as to satisfactory quality or fitness for a particular purpose, which are expressly excluded to the maximum extent permitted by law. You will not hold Fusion responsible for any loss of profit, business, opportunity, goodwill, reputation, revenue or savings you expect to make, wasted expenditure or data being lost or corrupted. Nor will you hold Fusion liable for damages which may or may not have been foreseeable at the time you entered the contract.
2.4	Before we can be sure that we can provide you with the Service we need to do the following:
2.4.1	perform a telephone line or Postcode test and check that you are in a geographical area where you can receive the Service;
2.4.2	confirm that you have successfully installed the CPE or router needed for you to receive the Service;
2.4.3	activate the Service;
2.5	If we are unable to provide you with the Service because the conditions in 2.4 cannot be successfully satisfied, such satisfaction to be determined solely by us then:
2.5.1	we will notify you as soon as possible;
2.5.2	you will return any equipment to us;
2.5.3	subject to 2.5.2, we will refund any payments made for the Equipment and the Service.
2.6	Access to the Fusion SMTP server for outgoing electronic mail is provided as a service and is provided "as is". Fusion makes no guaranties that electronic mail sent via the Fusion SMTP server will be delivered to the recipient, nor that mail will not be declined. Fusion reserves the right to apply a fair usage policy to mail delivery in the event that individual usage should have a detrimental effect on other Fusion customers
2.7	In the event that you move from the Premises and you wish to continue to receive the Service, we shall terminate your Service and you will be required to register again for the Service and commit to a Minimum Period contract term at our then current rates. If termination is made during the Minimum Period you will be charged for the Service up to the end of the Minimum Period.
2.8	In the event that you terminate your telephone account with Carrier or you change the services on the telephone line on which you currently use the Service, so that the Service is unable to operate normally, your Service will terminate and you will be liable for the Charges during the Minimum Period.
2.9	Carrier requests that we inform you that activation of the Service may result in you experiencing a temporary loss of your analogue Carrier line.
3	Contract Duration and Minimum Term
3.1	The minimum term for service for all Fusion connections is 12 months. By special arrangement with a Fusion representative, certain ADSL 20:1 or 50:1 circuits may be provisioned on a minimum 3 month contract. However, all SDSL, all 1:1 ADSL and any service including an Enhanced Care SLA will be supplied on a minimum 12 month contract term.
4	Personal Information and Cookies
4.1	The Registration Details that you provide shall be true, accurate and complete. You agree to inform Fusion of any changes to your Registration Details immediately by e-mail addressed to broadband@fmn.uk.net. If you are not the same person as person who pays the Charges, then you warrant that you have informed and have obtained from the bill payer the necessary consents and permissions for registering or changing account payment details and to allow Fusion to process such details.
4.2	Fusion will respect your personal or company (residential or business broadband) information and undertakes to comply with all applicable UK Data Protection legislation. By signing up for the Services you consent to our using and/or disclosing your personal data as follows:
4.2.1	processing your application or changes to your registration details, which may involve credit checking by a credit reference agency who may record that a credit check has been made;
4.2.2	disclosing certain personal or company details including account details to a bank, credit card operator or other payment processor for the purposes of setting up a continuous payment authority;
4.2.3	providing registration details to any telecommunications provider who operates the telephone access network over which the Services are delivered;
4.2.4	providing or arranging for third parties to provide any part of the Services including but not limited to customer care facilities and billing, email and tools and services, which may involve disclosing information about you or your company to third parties solely for this purpose;
4.2.5	providing you with communications about our Services, special announcements including but not limited to instructions, information, changes to the products, services and prices, organisational and administrative changes; and Service newsletters that shall include but not be limited to Member benefits (which are unconditional rewards rewarding Members for their time with us), competitions and any other relevant information relating to the provision of our Services; and
4.2.6	providing personal or company data to distributors of Fusion Internet access products with whom Fusion have a commercial relationship for the purpose of accounting and auditing.
4.3	Use of your Registration Data will be in accordance with our Privacy Policy. If applicable, our use will however be subject to any preferences you set on the registration form in which you have provided Registration Details.
4.4	Other than as required by law, or as permitted under this Agreement, Fusion shall not disclose your Registration Details to any third party without your permission.
5	Fusion's Obligations
5.1	In consideration of the Charges, Fusion shall provide the Service in accordance with the terms and conditions of this Agreement. You acknowledge that Fusion's provision of the Service and its ability to provide the Service is dependent upon Carrier and its ability to provide certain parts of the Service to Fusion. You acknowledge that there may be technical limitations that inhibit the activation or provision of the Service. Fusion agrees to notify Carrier of any issues concerning the Service that you bring to Fusion's attention, but we cannot guarantee rectification of these issues by Carrier.
5.2	Fusion does not accept any responsibility for any defects or errors in either the Service or the Equipment.
5.3	You acknowledge that Fusion cannot warrant that the Service will be interruption free or that the transmission of information through the Service will be secure. The Service may be suspended for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before suspending or interrupting the Service (as aforesaid) Fusion shall use reasonable endeavours to give you as much notice as possible. All planned maintenance and, wherever possible, emergency works will be published on our Service Status web page at http://www.fmn.uk.net/ServiceStatus/getstatus.php
5.4	You acknowledge that it is technically impracticable to provide the Service free from errors and/or faults and Fusion does not undertake to do so. Fusion shall provide a Helpdesk Facility to enable faults to be reported and resolved but does not warrant that all faults will be corrected.
5.5	The obligations of Fusion to provide the Service shall be conditional upon the Technical Requirements being satisfied. You acknowledge that the Service shall not be available to you outside the Service Availability Area and that: (a) it will only be available to you if you have a valid contract for the use of a Carrier analogue direct exchange line which terminates on a master socket forming part of Carrier's telecommunications network; (b) you have a PC/Network that satisfies the Technical Requirements; and (c) your Premises falls within the Service Availability Area.
5.6	Except as may be expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
5.7	You acknowledge that due to contention on both the Carrier network and Fusion's access link, the speed of the Service may be reduced or may not be available at times.
6	Your Obligations
6.1	You agree that you will be responsible for any equipment (including the CPE or Router) that may be provided to you for the purpose of receiving the Service and that you will be responsible for all charges necessary to access and use the Service and that you will use any equipment (including the CPE or Router) connected or used with the Service in accordance with any instructions, safety and security procedures applicable to it.
6.2	You agree to notify Fusion of any proposed move of Premises.
6.3	You agree that as part of your wish to take part in the Service, some minor modifications may need to be made to your PC or Network to make it operate with the Service. It is your responsibility to ensure that such modifications do not invalidate the terms of any warranty you may have concerning your PC or Network. Fusion shall incur no liability for any claim that your warranty has been invalidated (if applicable) as a result of work carried out by you, Fusion or its agents (including Carrier) in order to make your PC or Network operate with the Service.
6.4	You will be allocated both a user name and a password in order to access the Service and you will be responsible for keeping your password confidential and agree to take all necessary steps to ensure that it is kept secure and is not disclosed to any unauthorised person. You will inform us upon becoming aware of any suspected or actual unauthorised use of the Service and will take all steps necessary (or requested by us) to prevent such use.
6.5	You acknowledge that Fusion and/or its agents (including Carrier) may give you instructions from time to time which they believe are necessary for health, safety or quality of other telecommunications services provided by Carrier to you.
7	Use of the Service
7.1	You shall not use the Service: (a) in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (b) without prejudice to the generality of (a) above, in connection with the carrying out of a fraud or criminal offence against Fusion and/or its agents (including Carrier), or any public telecommunications operator; (c) to send, knowingly receive, upload, download, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing, or in breach of any copyright, confidence, privacy or any other rights; (d) to send or procure the sending of any unsolicited advertising or promotional material; (e) in a way that does not comply with any instructions Fusion or its agents (including Carrier) has given under Clauses 5.1 and 5.5; (f) in a way that in Carrier's reasonable opinion could materially affect the quality of any telecommunications service, including the Service, provided by Fusion;
7.2	Fusion shall have the right to enforce such provisions set out in Clause 7.1 above by suspending or terminating the provision of the Service to you if Fusion knows you are in breach of such obligations.
7.3	You will indemnify Fusion and/or its agents against any claims or legal proceedings that are brought or threatened against Fusion and/or its agents by a third party: (a) because the Service is used in breach of Clause 6.1 (a) to (f) inclusive; or (b) in circumstances where you are in breach of Clause 6.2.
7.4	You will notify Fusion of any such claims or proceedings referred to in Clause 6.3 and keep Fusion informed as to the progress of such claims and proceedings.
8	Delivery of Equipment
8.1	Fusion, or its representative, shall deliver the Equipment to either the Premises or any other location (only in the United Kingdom) notified to us by you [and for the avoidance of doubt you shall be liable for any reasonable costs incurred by us in relation to carriage, postage and packing and any other applicable duties taxes and charges].
8.2	We shall use our reasonable endeavours to deliver the Equipment to the notified location by the delivery date communicated to you. You should be aware that this delivery date is not guaranteed or of the essence of the Agreement.
8.3	You shall inspect the Equipment immediately upon receipt and inform us in writing within 5 (five) days of delivery of any damage or missing items from the delivery.
8.4	If you fail to take delivery of the Equipment (or fail to give us appropriate delivery instructions) unless this was out of your reasonable control then without prejudice to any other rights or remedies available to us, we may store the Equipment until actual delivery and charge you for the reasonable costs (including insurance) of this storage.
9	Faulty Equipment Replacements
9.1	In the event that Fusion provides you with replacement Equipment as a result of a fault which is covered under the manufacturer's warranty you must return the faulty Equipment to Fusion or its appointed agent within 14 days of receipt of the replacement Equipment. If you fail to return the faulty Equipment to Fusion within 14 days, Fusion reserves the right to charge you the full replacement cost for such Equipment.
10	Insurance
10.1	You will assume the risk of damage to or loss of the Equipment from the moment the Equipment is delivered to you. Despite you assuming this risk, until Fusion has received in cash or cleared funds payment in full for the Equipment, you will not be deemed to own the Equipment.
11	Equipment Warranties and Liability
11.1	The Equipment is covered by a manufacturer's warranty. You shall be responsible for contacting and returning any registration or warranty cards to the Equipment manufacturer. Fusion shall not be held responsible for any acts of the manufacturer or its agents including (without limitation) any failure by the manufacturer to replace or repair the CPE.
11.2	Before you install the software supplied with the Equipment and before you connect the Equipment to your PC or Network, you should back up or save any data on your PC or Network.
12	If You Must Return Your Equipment
12.1	As a consumer, you have the right to cancel your agreement to purchase the Equipment on the terms contained in this Agreement ("Equipment Agreement") within 7 working days from the day after the date of delivery of the Equipment provided that you give us written notice to cancellations@fmn.uk.net. So that there is no misunderstanding, you should be aware that, in accordance with Clause 16.2 you are not entitled to cancel the Service after the Start Date even if you have cancelled the Equipment Agreement.
12.2	If you do exercise your right to cancel the Equipment Agreement, as specified above, we shall, in accordance with the Distance Selling Regulations, reimburse any payment made by you under the Equipment Agreement within 30 days from the day on which you give us this notice of cancellation.
12.3	You will not be entitled to cancel the Equipment Agreement if you do not take reasonable care of the Equipment either prior to cancellation of the Equipment Agreement or, after cancellation while the Equipment remains in your possession. To take reasonable care of the Equipment you shall retain and keep the original box and packaging to the Equipment in good condition and shall ensure that the Equipment is stored in accordance with the manufacturer's recommendations.
12.4	If you do return the Equipment, as specified above, you shall return it to Fusion using only a carrier approved by Fusion. If we are required to collect the Equipment, we shall be entitled to charge you for the direct costs of so doing.
13	Intellectual Property Rights
13.1	You will agree to enter into any agreement reasonably required by the owner of the copyright in any software made available to you for the purpose of accessing the Service.
13.2	You acknowledge and agree that all intellectual property rights in the Service (including, without limitation, the CPE and any associated software) are vested and shall remain vested in Fusion, its agents (including Carrier), the CPE manufacturer or their licensors, as appropriate.
14	Intellectual Property Rights Indemnities
14.1	Fusion will indemnify you against all claims and proceedings arising from the infringement of any intellectual property rights by reason of Fusion's provision of the Service to you. As a condition of this indemnity you must: (a) notify Fusion promptly in writing of any allegation of infringement; (b) make no admission relating to the infringement; (c) allow Fusion or its agents (including Carrier) to conduct all negotiations and proceedings and give all their assistance in doing so (Fusion will pay your reasonable expenses for such assistance); and (d) allow Fusion or its agents (including Carrier) to modify the Service, or any item provided as part of the Service, so as to avoid the infringement provided that the modification does not materially affect the performance of the Service.
14.2	The indemnity in Clause 13.1 does not apply to infringements caused by the use of the Service in conjunction with other equipment or software not supplied by Fusion or its agents (including Carrier), or to infringements caused by designs or specifications made by you, or on your behalf. You will indemnify Fusion and its agents against all claims, proceedings and expenses arising from such infringements or alleged infringements.
15	Charges
15.1	The Charges shall apply from the Start Date. You shall pay the Charges in accordance with the payment terms set out on the www.fmn.uk.net (including, but not limited to, any FAQ) pages or the service CRF contract that you sign to order the service.
15.2	All Charges for the Service are exclusive of VAT at the applicable rate.
15.3	Unless by prior agreement, the payment due period for all Fusion services is seven days from date of invoice.
15.4	In the event that the Charges are not paid to Fusion as they fall due, Fusion reserves the right to suspend and/or terminate the Service and take such necessary action to recover sums due to Fusion plus any cost of collecting such sums. This action includes, but is not limited to, instructing third parties to collect debt on Fusion's behalf
15.5	In the event that Fusion suspends the Service to you pursuant to any breach by you of our payment terms or in accordance with any pertinent clauses pursuant to this Agreement, you be required to pay the Charges for the period that the Service is suspended including but not limited to any arrears of the Charges.
15.6	Following suspension of service due to non payment, Fusion reserves the right to charge a reconnection fee of £25 for ADSL circuits and £100 for SDSL circuits, which is payable in advance to reinstate the service.
15.7	Any SLA related to a service (i.e. SDSL) will be deemed invalid if the client account is overdue. Fusion reserves the right to refuse support on any overdue account.
15.8	Fusion reserves the right to vary the Charges at any time on giving you 28 days notice in writing.
16	Limitation of Liability
16.1	Fusion accepts limited liability for death or personal injury resulting from its negligence.
16.2	Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of or impairment of access to any data arising in relation to this Agreement including, without limitation, Fusion's ability to provide the Service.
16.3	The liability of Fusion in contract, tort (including negligence) or otherwise in relation to this Agreement is limited to the price paid by you for the CPE and the Charges in the year (commencing from the Start Date or any anniversary of the Start Date) in which the liability first arose.
16.4	Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
17	Term and Termination
17.1	This Agreement may be terminated at anytime prior to the Start Date, however, if we have supplied you with a Equipment you must either pay for the Equipment or return such Equipment to us (at our request) in the prepaid postage package we send you and (if applicable) we will refund you for any payment received from you for such Equipment.
17.2	After the Start Date this Agreement may be terminated as follows and the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") will not apply to the Service:
17.2.1	by either of us on 28 days notice, unless we terminate pursuant to Clauses 2.6 and 2.7 without notice;
17.2.2	by you giving 7 days notice if we inform you of a material change to the Service or we give notice of an amendment to this Agreement pursuant to Clause 18 where such changes are to your detriment;
17.3	If you give notice of termination of this Agreement, or we terminate pursuant to Clause 6.2, during the Minimum Period and the Service is available for you to use, you must pay all Charges payable during the Minimum Period.
17.4	Either party may terminate this Agreement immediately, on notice if the other: (a) commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or (b) commits a material breach of this Agreement which cannot be remedied; or (c) is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets.
17.5	Fusion shall be entitled to terminate this Agreement in the event that: (a) the contract between Fusion and Carrier enabling Fusion to provide the Service is terminated; (b) the service provided to Fusion by Carrier is not of the quality deemed by Fusion to be appropriate to provide the Services; or (c) you no longer have a valid contract for the use of a Carrier analogue direct exchange line as referred to in Clause 4.5(a).
17.6	If any of the events detailed in Clause16.3 occur as a result of your default, Fusion may suspend the Service without prejudice to its right to terminate this Agreement. Where the Service is suspended under this Clause 16.5 you must pay all the Charges due in respect of the Service until this Agreement is terminated.
17.7	In the event that Fusion agrees to you terminating this Agreement before the expiry of the Minimum Period, you must pay all the Charges due up to and including the date of expiry of the Minimum Period.
17.8	Termination in accordance with this Clause 16 shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are expressed to survive this Agreement or impliedly do so shall remain in full force and effect.
18	Force Majeure
18.1	If either party is unable to perform any obligation under this Agreement because of a matter beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party's employees), or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party's suppliers, the party will have no liability to the other for that failure to perform.
18.2	If any of the events detailed in Clause 17.1 continue for more than one month either party may serve notice on the other terminating this Agreement.
19	Variation
19.1	Fusion reserves the right to vary the terms of this Agreement or the nature of the Service (where the technical specification of the Service is varied) at any time. Fusion will publish the latest version of these Terms and Conditions on our web site at http://www.fmn.uk.net/terms.php, including version number and date of revision.
20	Miscellaneous
20.1	The Agreement shall be governed by and construed in accordance with English Law and the parties hereby agree to submit to the exclusive jurisdiction of the High Court of England in respect of any dispute or matter arising out of or in connection with the Agreement.
20.2	This Agreement constitutes the entire agreement between the parties and supersedes representations, communications and prior agreements (oral or written). This Clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of this Agreement that was induced by fraud for which the remedies available shall be all those available under the law.
20.3	Any notice or other communication to be given under the Agreement must be in writing to the other party and may be delivered or sent by email, pre-paid first class letter post or fax transmission at the party to be served last known address. Any notice or document shall be deemed served if delivered, at the time of delivery; emailed, at the time of delivery to your email server; posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
20.4	This Agreement shall not be assigned, sub-contracted, novated, sub-licensed or otherwise disposed of by you. Fusion reserves the right to assign, sub-contract or otherwise transfer its obligations to provide the Service and/or supply the CPE to any third party.
20.5	The illegality, invalidity or unenforceability of any provision this Agreement shall not affect the continuation in force of the remainder of this Agreement.
20.6	A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms. This clause does not affect any right or remedy of any person that exists or is available or otherwise than pursuant to that Act.
These pages were revised 16th March 2007 are subject to copyright (C) Fusion Media Networks Ltd Version 2.3



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