xDSL Terms & Conditions

1. Definitions

In these conditions unless the context otherwise permits:-

  • " Agreement " means these Terms, together with the order form.
  • " BT Openreach " is a division of British Telecommunications plc.
  • " Commencement Date " means the date when ADSL service is installed in the site.
  • “ Consumer ” means an individual who is not acting for the purposes of his or her business, organisation, educational establishment or profession; “ Consumers ” are construed accordingly.
  • “ Contact Email Address ” means the email address that all correspondence form Zomp shall be sent to unless otherwise requested, including but not limited to invoices, statements and notices. This email address should be one that is frequently checked as we cannot be held responsible for lost correspondence if it is incorrect or no longer valid, please contact service@zomp.net to change your details. All official correspondence will be digitally signed by a member of Zomp; if you are unsure of the validity please contact us before adhering to the correspondence.
  • " Customer " means the person who places the Order and uses the Services.
  • " Customer Equipment " means apparatus belonging to the Customer not forming part of the Zomp Equipment but which may be connected to the Zomp Equipment.
  • " Order Form " means the Zomp application form, written customer order or e-mailed customer order.
  • " Service " means the installation, connection and supply of a telecommunications circuit capable of supporting ADSL services at the Site and the provision of telecommunication services over such circuit.
  • " Site " means the Customer Site where the Service is to be received.
  • " Telephone Line " means the telecommunications circuit that the Customer uses to obtain telecommunications services over the public switched telephone network at the Site as notified by the Customer to Zomp.
  • “ Zomp ” means Zomp Solutions (UK) Limited, registered in England and Wales (registration number 4643210); also referred to as “we,” “us” or “our” in these terms and conditions.
  • " Zomp Equipment " means any apparatus or equipment provided by Zomp or any third party to the Customer at the Site to enable provision of the Service under this Agreement.
  • " Zomp Price Schedule " means the charges in force from time to time and available at www.zomp.net or by email to sales@zomp.net.

2. Commencement and Duration

This Agreement will commence on the Commencement Date and shall continue for an initial period of 1 month or 12 months dependant on which option selected and will automatically renew subject to termination under Clauses 12.

3. Provisions of the Service

3.1 Zomp shall provide or procure the provision of the Service to the Customer in accordance with the terms of this Agreement. The Customer acknowledges that it is technically impracticable to provide a fault free Service and Zomp does not undertake to do so.

3.2 The provision of the Service to the Customer will be subject to the characteristics of the Telephone Line and BT OpenReach may determine that it is not possible to supply the Service over the Telephone Line. Where this is the case, Zomp will immediately terminate this Agreement, Zomp will not be liable to the Customer for such termination.

3.3 The Customer acknowledges that during the installation of the Zomp Equipment for the provision of the Service the Customer Access Connection may suffer a temporary loss of telephone service, and /or interference to any other Access Connection services, which shall be reinstated following installation Zomp will not be liable for any loss, interruption or interference during installation. The Customer also acknowledges that any telephone socket extensions that are incorrectly wired may be disconnected during installation, without liability to Zomp.

3.4 Occasionally Zomp and/or BT OpenReach may have to interrupt the Service or change the technical specification of the Service for operational reasons (such as maintenance or Service upgrades) or because of an emergency. In these circumstances where possible Zomp will give notice to the Customer of any such interruption however, the Customer shall have no claim against Zomp for any such interruption.

3.5 Except as otherwise expressly permitted under this Agreement, the Customer may not:

  • modify the Service without Zomp's prior written consent;
  • redistribute, copy or use the Service, or transfer rights to the use of the Service to any third party;
  • disclose details of the Service, to any third party without Zomp's prior written consent;
  • use the Service except in conjunction with Zomp's recommended operating guidelines;

3.6 Zomp shall use its reasonable endeavours to comply with the Customer's reasonable requests in respect of installation but Zomp or BT OpenReach's decision on the routing of cables and wires and the positioning of outlets and other apparatus constituting the Zomp Equipment shall be final and binding.

3.7 Zomp shall use all reasonable endeavours to provide and install or procure the provision and installation of the Zomp Equipment at the Site so that the Service can be provided on or before any installation date specified or agreed to by Zomp. Any installation date is an estimate only and Zomp shall not be liable for any failure to meet such installation date.

3.8 Installation of the Service may be subject to a survey carried out by Zomp or BT OpenReach and the Service may not be provided where the survey carried out is incomplete or unsatisfactory.

4. Use of the Service

4.1 The Customer must not use the Service:

  • in a way that does not comply with the terms of any legislation or any license applicable to the Customer or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • in connection with the carrying out of a fraud or criminal offence against Zomp, or any other public telecommunications operator;
  • 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;
  • to send or procure the sending of any unsolicited advertising or promotional material other than in the case of the Customer to its own customers;
  • in a way that does not comply with any instructions Zomp or BT OpenReach has given; or
  • in a way that in Zomp's reasonable opinion could materially affect the quality of any service, including the Service, provided by Zomp or BT OpenReach.
  • in a way that in Zomp's reasonable opinion could affect the experience of others on the network; including but not limited to; persistent heavy users of the service, who in Zomp's reasonable opinion could be seen to be over-using their contended service, may at Zomp's discretion find their available bandwidth restricted at certain times of the day.

4.2 Zomp will be entitled to suspend the Service or terminate the Agreement where Zomp, in its absolute discretion, believes the Customer is in breach of any provisions of Clause 4.1.

4.3 The Customer acknowledges and accepts the following technical limits relating to the Service:

  • transmission performance of some metallic local loops will mean it is technically impracticable to provide Service to all Customers within the Service Availability Area;
  • currently, until such time as Zomp advises otherwise, the Service cannot be provided over the same Access Connection as certain other telecommunications services as listed on the Zomp Website.
  • the Service is not available to Sites where all or part of the Access Connection is provided over fibre optic cable or radio systems.
  • that the Service may also affect the performance of some PSTN customer premises equipment.
  • that some technical limitations may not become apparent until after the Service has been installed and working for some time. In such circumstances the Service for some individual may need to be withdrawn.
  • that in the case of any rate-adaptive product including, but not limited to, IPStream and Metallic Shared Path LLU products such as and 500, 1000, 2000, MAX and ADSL2+ services, synchronisation rates and throughput speeds are dependant on distance from the exchange, atmospheric conditions and quality of the metallic path and may vary without notice to the customer.
  • Rate-adaption can occur several times a day and may cause the link to the DSLAM to reset.
  • that in case of any rate-adaptive product, throughput guarantees will relate only to the actual rated speed of an individual connection, not any implied speed of service.

4.4 In the circumstances referred to in Clause 4.3, Zomp will have no liability to the Customer relating to the provision of the Service (or Zomp's inability to provide the Service), the performance of the Service, its effect on other services or equipment or the withdrawal of the Service.

4.5 The Customer will co-operate with Zomp's reasonable requests for information regarding the Customer use of the Service and supply such information without delay.

5. Charges

5.1 The charges for the Service will be calculated in accordance with the Zomp Price Schedule. Charging will begin on the Commencement Date for the Service. Charges will be calculated in accordance with details recorded by, or on behalf of, Zomp.

5.2 The Customer will pay the charges within 30 days of the date of Zomp's invoice. Zomp may charge daily interest on late payments at a rate equal to 5% per annum above the base-lending rate of HSBC Bank Plc and/or a £15 administration fee.

5.3 All charges exclude Value Added Tax (VAT) at the applicable rate, unless stated otherwise.

5.4 Zomp may also make an additional charge (on the basis of additional charges detailed in the Zomp Price Schedule), on its own behalf or on behalf of a BT OpenReach in the following circumstances: -

  • an abortive visit charge may be incurred where incorrect information supplied by the Customer means it is technically impractical to provide the Service over the Telephone Line;
  • where it is necessary to relocate the existing telephone master socket to provide the Service;
  • where Zomp or BT OpenReach are unable to gain access to the Site to carry out installation of the Service or the installation is aborted an abortive visit charge may be payable;
  • where certain order information provided by the Customer is illegible, inaccurate or incomplete an administration fee will be charged;
  • where Zomp or BT OpenReach provide the support to the Customer outside its normal support times in supply of the Service;
  • where a fault relates to equipment other than the supplied Equipment.

6. Customer Obligations

6.1 To allow the installation and use of the Zomp Equipment at the Site, the Customer will at the Customer's own expense:

  • obtain all necessary consents, including consents for any necessary alterations to buildings;
  • take up or remove, any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers, as Zomp or BT OpenReach advises are necessary, and carry out afterwards any making good or decorator's work required; and
  • provide any electricity and connection points required by Zomp or BT OpenReach.
  • The criteria above must be completed in advance of any installation work.

6.2 The Zomp Equipment shall remain the property of Zomp or the supplier of such equipment (including any BT OpenReach) and the Customer shall at all times make clear to third parties that the same is the property of Zomp or a third party supplier of such equipment. Zomp may modify, substitute, renew or add to the Zomp Equipment from time to time at its absolute discretion.

6.3 Zomp shall supply the Customer with the relevant information to enable the Customer suitably to prepare the Site for delivery and installation of the Zomp Equipment. The Customer shall at their own expense provide suitable accommodation, assistance, facilities and environmental conditions for the Zomp Equipment and all necessary electrical and other installations and fittings.

6.4 A secure electricity supply is required at the Premises for the installation, operation and maintenance of the Zomp Equipment at such points and with such connections as specified by Zomp. Unless otherwise agreed, this power supply is to be provided by the Customer. Zomp shall not be responsible for interruption or failure of the Services caused by a failure of such power supply.

6.5 The Customer is responsible for the Zomp Equipment and must not add to, modify or in any way interfere with it nor allow anyone else (other than someone authorised by Zomp) to do so. The Customer will be liable to Zomp for any loss of or damage to the Zomp Equipment, except where such loss or damage is due to fair wear and tear or is caused by Zomp, or anyone acting on Zomp's behalf.

6.6 Any Customer Equipment connected to or used with the Service must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment. Any equipment which is attached (directly or indirectly) to the Service must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards.

6.7 To enable Zomp to carry out its obligations under this Agreement, the Customer will at all reasonable times provide Zomp employees, and anyone acting on Zomp's behalf including BT OpenReach, who produces a valid identity card, with access to any Site and any other premises outside of Zomp's control. Zomp will normally only require access during its usual working hours but may, on reasonable notice, require the Customer to provide access at other times. Zomp may agree to work outside its usual working hours, but the Customer must pay Zomp's additional charges for doing so as detailed in Clauses and the Zomp Price Schedule.

6.8 If through no fault of Zomp, Zomp is unable to carry out an installation at, or gain access to, the Site or the installation is aborted, Zomp will notify the Customer Nominated Contact and may raise an abortive visit charge.

6.9 The Customer hereby irrevocably gives permission to Zomp or BT OpenReach and its employees, agents or contractors to:

  • execute any works on the Premises for, or in connection with, the installation, maintenance, or removal of the Zomp Equipment;
  • keep and operate telecommunication apparatus installed on, under or over the Premises;
  • enter the Premises to inspect any telecommunication apparatus kept on, the Site or elsewhere for the purposes of providing the Service.
  • Where this Agreement or the Service is terminated for any reason Zomp or BT OpenReach will be entitled to enter the Site to remove Zomp Equipment installed there.

6.10 The Customer undertakes: -

  • to comply with all instructions Zomp may notify to the Customer for use of the Zomp Equipment;.
  • not to allow the Zomp Equipment to be repaired or maintained other than by an authorised representative of Zomp;
  • not to damage the Zomp Equipment and not to add modify or in any way interfere with the performance of the Zomp Equipment;
  • not to attempt to sell the Zomp Equipment;
  • not to remove any identification mark affixed to the Zomp Equipment showing that it is the property of Zomp or other third party supplier of such equipment.

6.11 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

7. Support of the Service

7.1 Technical support for the Service is available by telephoning +44 (0)845 225 6022 (Option 2) or by sending e-mail to support@zomp.net. Technical support is available during normal Zomp office hours.

7.2 Enhanced Care

For the fee listed in the Price Schedule, Zomp will add Enhanced Care to your broadband line. We will guarantee to fix any Broadband fault within 1 working day and promise to keep you updated with progress at least every 2 hours. If we fail on this commitment we will refund you twice the downtime. To subscribe to Enhanced Care please call sales on +44 (0)845 225 6022 (Option 1). Please note that you must be on site for the Engineers visit at the designated time, rescheduled visits are not covered by this service.

8. Intellectual Property Rights

8.1 The Customer acknowledges that the Customer shall have no rights to any intellectual property rights arising as a result of any use of the Service.

8.2 Any and all intellectual property rights used or embodied in or in connection with the Service shall be and remain the sole property of Zomp or Zomp's licensors. No title or intellectual property rights therein or in any modification or extension thereof shall pass to the Customer unless specifically stated under the Agreement.

8.3 The Customer acknowledges such title, interest and rights and the Customer shall not take any action to jeopardize, limit or interfere in any manner with Zomp's (or any third party suppliers') title, interests or rights with respect to the Service, including but not limited to, using Zomp's or BT OpenReach s trademarks or trade name.

8.4 Where software is provided to enable the Customer or to use the Service, Zomp grants the Customer, for the duration of this Agreement, a non-exclusive, non-transferable license to use the software for that purpose.

9. Warranties

9.1 The service will be provided without warranty or representation of any kind, whether express or implied Zomp disclaims and excludes all such warranties and representations including without limitation any warranty or representation that the Service is free of defects, of satisfactory quality, fit for a particular purpose or non-infringing of third party rights. The Customer accepts all risks and liabilities associated with the use of the Service.

10. Limitation of Liability

10.1 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

10.2 Neither party shall be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) arising out of or in connection with this Agreement for:

  • any economic losses (including, without limitation, loss of revenues, profits, contracts, or business); or
  • any special, indirect or consequential losses or any destruction of data, arising out of or in connection with the provisions of this Agreement.

10.3 Subject to clauses 10.1 and 10.2 Zomp's liability to the Customer in contract, tort, negligence, pre-contract or other representations arising out of or in connection with this Agreement or the performance or observation of its obligations under this Agreement shall be limited in aggregate to the charges paid, by the Customer under this Agreement.

10.4 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.

10.5 The Customer indemnifies Zomp and its suppliers including BT OpenReach against any claims or damages arising from the Customers access to or use of the Service and any information, data or material produced, transmitted or downloaded on the Service.

11. Force Majeure

11.1 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.

11.2 If any of the events detailed in paragraph 11.1 continue for more than 3 months either party may serve notice on the other terminating this Contract.

12. Termination

12.1 The Customer may terminate this agreement after the initial term by giving 30 days written notice to Zomp. If a 12 month contract is terminated early Zomp will charge the customer the remaining fees in full, including the cancellation fee detailed in 12.3

12.2 Either party may terminate this Agreement or the Service provided under it immediately, on notice, if the other:

  • commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within 15 days of a written notice to do so;
  • commits a material breach of this Contract which cannot be remedied;
  • is repeatedly in breach of this Contract; or
  • 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.

12.3 Cancellation in the form of a cease of the service, placed by either party under terms 12.1 and 12.2, 12.4 and 12.7 will raise a charge of at the current cease fee listed in Zomp Price Schedule to the customer. Migrations away from the service in the form of a 'Migration Authority Code' assisted migration do not attract the cancellation charge.

12.4 Zomp may terminate this Agreement immediately upon written notice to the Customer if:

  • Zomp is informed by BT OpenReach supporting the Service that BT OpenReach is required to cease the Service by a competent regulatory authority; or
  • BT OpenReach supporting the Service ceases to do so for whatever reason or changes the terms its provision of telecommunications services to Zomp for the Service beyond the reasonable control of Zomp;
  • the Customer fails to comply with any of the material terms or conditions of the Agreement and the Customer does not remedy such failure within 15 days of a request to do so.

12.5 Upon termination of this Agreement the Customer shall immediately stop using the Service and the Customer right to use the Service shall immediately terminate.

12.6 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.

12.7 Following the minimum period Zomp reserves the right to increase prices and/or serve 3 months notice on the customer.

13. Zomp Internet Migration Policy

13.1 How the MAC is used to facilitate a migration

  • When migrating to Zomp internet, during the online sign up process, or on the order form, you will be requested to provide a MAC . This code can usually be supplied by the losing Service Provider upon request. Other than as detailed below it is generally a Service Providers obligation to provide a code.
  • The MAC allows the Network provider to switch the Broadband from one Service provider to another with minimal downtime, usually less than 1 hour.
  • If migrating from Zomp to another service provider, then we will generally issue a MAC to you upon request, which you will need to provide to your new Service Provider to enable the migration.

13.2 Alternatives to the migration process if no MAC is available

  • If you are unable to obtain a MAC , and still wish to change providers, the other option is a cease and re-provide. You would need to completely cancel the current broadband service with your Service Provider, and place a new provide order with the new service provider. This will usually incur extra costs and a period of downtime.

13.3 Migrating to us - Default Migration Date

  • If you are migrating to Zomp Internet, we will issue you a default migration date by email shortly after confirmation of your order. This date will be the date your service will switch to Zomp Internet, this usually happens early morning and you will need to be onsite to change your router settings. If you wish to change this date at any point please call into our sales department on 0870 804 0804 between 9am and 5.30pm Monday to Friday, giving us at least 24 hours notice, you will need to call us 2 working days before the default migration date to effect a change.

13.4 How to request a Migration Code from Zomp Internet

  • We will accept requests for MACs by email to service@zomp.net, or in writing to Customer Service Department, Zomp, Unit 7, The Elms, Church Road , Harold Wood, Essex . RM3 0JU.
  • We will issue the MAC within 5 working days of receipt of your request, subject to the below clauses, in writing or by email, generally in the same format as we receive the request. We will not issue or confirm MACs over the telephone. When issuing the MAC we will provide the following additional information:

•  Validity period and expiry date of the MAC

•  The Broadband service to which the MAC applies

13.5 Why we may not be able to issue a MAC code

  • If we have already placed a cease on your Broadband Line, or if your contract has been cancelled, we will be unable to issue a MAC and are under no obligation to do so. Equally if you are a business of 10 or more employees we are again under no obligation to issue a MAC .

13.6 If you have a complaint

  • If you wish to complain, you may send an email to service@zomp.net, in writing to Customer Service Department, Zomp, Unit 7, The Elms, Church Road , Harold Wood, Essex . RM3 0JU.

14. Confidentiality

14.1 The parties will keep in confidence any information (whether written or oral) of a confidential nature (including software and manuals) obtained under or in connection with this Agreement or the Service and will not without the written consent of the other party disclose that information to any person (other than their employees or professional advisers, or in the case of Zomp the employees of a Zomp Group Company or their suppliers, who need to know the information).

14.2 This Clause 13.1 will not apply to:

  • any information, which has been, published other than through a breach of this Agreement;
  • information lawfully in the possession of the recipient before the disclosure under this Agreement took place;
  • information obtained from a third party who is free to disclose it; and
  • information, which a party is, requested to disclose and, if it did not, would be required by law to do so.

14.3 This Clause 13.1 will remain in effect for 2 years after the termination of this Agreement.

15. Data Protection

15.1 Zomp and the Customer each agree to comply with their respective obligations under applicable data protection legislation and maintain all relevant registrations, including (in relation to the Customer) such registrations and consents as the Customer should obtain and maintain to enable Zomp to process personal data in connection with the performance by Zomp of its obligations under this Contract.

15.2 The Customer agrees that Zomp may put their name and other details obtained from the Order Form into a computerized directory for internal use and to enable Zomp to provide the Service.

15.3 Rights of subject access will be in accordance with the Data Protection Act 1998 and upon request in writing and payment of the appropriate fee.

15.4 Any and all data supplied by Customers is held in accordance with Zomp's current Privacy Policy available at http://www.zomp.net/policies/privacy.html.

16. Consumers

Where you are purchasing the Service as a Consumer the exclusion of the implied terms in Clause 9 and the provisions of Clause 15.1 will not apply.

17. Notices

17.1 Notices given under this Agreement must be in writing and may be delivered via the following methods:

17.1.1 To Zomp:

  • by e-mail service@zomp.net; or
  • by fax to +44 (0)845 225 6055 ; or
  • by first class pre-paid post to Zomp, Unit 7, The Elms, Church Road , Harold Wood, Essex. RM3 0JU

17.1.2 To the Customer:

  • by e-mail to the Contact Email Address of the Customer; or
  • by fax to the Customer's last known fax number; or
  • by first class pre-paid post to the last known address of the Customer , or, if the Customer is a limited company, its registered office.

18. General Provisions

18.1 The Agreement will constitute the entire agreement between the parties and will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties.

18.2 A person who is not 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.

18.3 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.

18.4 If any provision of the Agreement (whether in part or in whole) is held by a court of competent jurisdiction to be illegal, invalid or unenforceable the remaining provisions of the Agreement shall remain in full force and effect.

18.5 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement.

18.6 Any variation of this Agreement must be in writing and signed by a duly authorised Zomp official

18.7 The Customer may not assign or otherwise transfer, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior express written consent of Zomp.

18.8 The headings are for convenience only and shall not affect the interpretation of this Agreement.

18.9 These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.

18.10 Zomp may at its discretion record telephone conversations and transaction for staff training, quality control and security purposes. Please also note that the majority of notices by electronic means such as email or web forms are logged and archived for staff training, quality control, security and auditing purposes.