Ethernet Flex terms

For Ethernet Flex sold to business customers on a 36 month term; the Order Summary records the customer's headcount declaration. Cyber Fibre is a trading name of Cyber Fits Solutions Limited, registered in England and Wales, company number 16254052, registered office 7 Sea View Park, Sunderland, SR6 7JS.

Ethernet Flex Terms

Version CFB-FLEX-2026.3. These terms, Schedule 1, your Order Summary and your Contract Summary together form the agreement between you and us. If the Order Summary conflicts with these terms, the Order Summary takes priority.

We are Cyber Fits Solutions Limited, trading as Cyber Fibre, registered in England and Wales (company number 16254052), registered office 7 Sea View Park, Sunderland, SR6 7JS. Contact: support@cyberfibre.uk, 0191 543 3564. You are the business customer named in the Order Summary.

1. Definitions

Service means the Ethernet Flex service and any extras set out in the Order Summary. Network Provider means the network operator that delivers the Service, named in the Order Summary. Network Equipment means the network termination equipment, and any router or other hardware supplied with the Service by the Network Provider, our wholesale supplier or us, other than Equipment. Equipment means hardware that your Order Summary shows you have bought from us, such as phones or adapters for a phone line. Minimum Term means the minimum term in the Order Summary, starting on the Service Commencement Date (or on the committed delivery date where clause 3.4 applies). Service Commencement Date means the date the Service is first made available for use. Charges means all amounts payable under this agreement. Price guide means our list of other charges at cyberfibre.uk/prices. Small Customer means a business for which 10 or fewer people work (whether as employees, volunteers or otherwise), or a charity or other not for profit organisation, as declared by you when ordering. Small Customers have the extra rights marked in clause 14. Ofcom's rules limit a Small Customer's Minimum Term to 24 months unless the Small Customer expressly agrees otherwise; if you are a Small Customer and chose a longer term, your express agreement to waive that limit is recorded in your Order Summary. Ethernet Flex is only available on a 36 month term; there is no 12 month or 24 month option. If your declaration was wrong, tell us and we will explain how your agreement changes.

2. The Service

2.1 We will provide the Service at the installation address using reasonable skill and care.

2.2 The Service is shared fibre access delivered over the Network Provider's network. The fibre and network capacity serving your premises are shared with other customers. The committed rate in your Order Summary is the speed the Network Provider commits to, upload and download, measured at the Network Equipment. Speeds above the committed rate, up to the peak rate in your Order Summary, are available when the shared capacity allows and are not guaranteed. Your own router, firewall, internal cabling and WiFi can reduce the throughput individual devices see, and a speed test from a single device typically shows about 5% less than the rate available because of protocol overhead.

2.3 If throughput measured at the Network Equipment is persistently below the minimum speed in your Order Summary, tell us. We will test the circuit with the Network Provider and work to restore it. If we have not restored it within 30 days of you telling us, we will reduce your monthly Charges for the Service in proportion to how far the throughput is below that minimum speed, from then until it is restored, or offer you another remedy that we agree with you.

2.4 We do not promise that the Service will never be interrupted, but faults are covered by the service levels in Schedule 1.

2.5 Any IP addresses we provide remain ours and may be changed where reasonably necessary for technical or operational reasons. We will give you at least 30 days' notice where we can.

2.6 The Service is provided for business use. You are responsible for checking that it meets your business requirements, including any resilience you need.

3. Survey, installation and cancellation before go live

3.1 Provision depends on availability, technical feasibility and, where the Network Provider decides one is needed, a site survey by the Network Provider. Installation dates and lead times are estimates, and we will keep you informed.

3.2 Survey and extra construction. Installation is free. The Network Provider decides whether a survey of your site is needed. If the survey finds that extra construction work is needed, we will tell you the exact extra cost before any work is done. You can accept it and continue, or decline it, in which case we will cancel your order with nothing to pay. If no survey is needed, or the survey finds no extra work, your order goes ahead at the prices in the Order Summary.

3.3 You must give the Network Provider and us reasonable access to the premises, obtain any landlord or wayleave consent needed, and provide a suitable location with mains power for the Network Equipment. Cabling and building work inside your premises beyond the point where the Network Equipment is installed are your responsibility. If an engineer cannot complete a visit because of something within your control, we may charge the missed appointment fee in our price guide. The Network Provider or our wholesale supplier may contact you directly about installation appointments, access to the premises, faults and emergencies.

3.4 Charges start on the Service Commencement Date. If the Service cannot go live on the committed delivery date because of something within your control (for example, access to the premises being refused or delayed, the site not being ready, no appointment being agreed, or a missed appointment), Charges start, and your Minimum Term begins, on the committed delivery date instead, as if the Service had gone live then, and we will tell you in writing.

3.5 Cancelling before the Service goes live. When you sign this agreement we order the circuit from the Network Provider through our wholesale supplier. If you cancel before the Service Commencement Date, you must pay the cancellation charge our wholesale supplier makes to us for work already carried out up to the point of cancellation, which we pass on at cost. That charge is the Network Provider's charge as passed on by our supplier, and may include the supplier's own handling charge. It depends on the stage the order has reached. The amounts in your Order Summary are our estimates of our supplier's current charges at each stage, not fixed prices: you pay our supplier's actual charge, with nothing added by us, and we will show you the supplier's invoice if you ask. We will confirm the exact figure before we act on your cancellation. Nothing is payable if you cancel before the survey, if you decline extra construction charges under clause 3.2, if we cancel, or if clause 3.6 or 7.5 applies. A cancellation by us, our supplier or the Network Provider because of something within your control (for example, access to the premises being refused, the site not being ready or no appointment being agreed) is not a cancellation by us under this clause, and the cancellation charge applies to it. No early termination charge applies before the Service Commencement Date.

3.6 How we buy the Service. Ethernet Flex is only available on the Network Provider named in your Order Summary. We may buy it through a different wholesale supplier, for example if that lets us deliver it to your premises or deliver it sooner. If we do, we will tell you in writing before we place the order with the new supplier, or as soon as we can if the change happens later. Your Charges, Minimum Term and the service levels in Schedule 1 do not change. If the change means a later delivery date than we told you, you may cancel by telling us within 14 days of our notice, with no cancellation charge under clause 3.5 and no early termination charge. If Ethernet Flex cannot be provided at your premises, we may offer you a leased line instead, but only under a new agreement that you choose whether to sign; if you do not sign it, we will cancel your order and you will have nothing to pay.

4. Charges and payment

4.1 The Charges are set out in the Order Summary. All Charges exclude VAT, which is added at the prevailing rate.

4.2 Nothing is taken when you order: you set up a Direct Debit through GoCardless. After the survey, once it finds no extra construction charges or you accept them under clause 3.2, we invoice the installation charge, any extra construction charges you accepted and your first month, and collect that invoice by Direct Debit after the normal advance notice. After that the monthly Charges are billed in advance and collected by Direct Debit on your chosen date from one month after the Service Commencement Date (or after the committed delivery date where clause 3.4 applies). Your first monthly Direct Debit may include a part month so that later payments fall on your chosen date.

4.3 If a payment fails we will tell you and try again. We may charge the failed payment and reconnection fees in our price guide, which reflect our costs, and statutory interest and compensation on late payments under the Late Payment of Commercial Debts (Interest) Act 1998.

4.4 If any Charges remain unpaid 14 days after the due date, we may suspend the Service after giving you at least 7 days' notice.

4.5 Our price guide lists every other charge that may apply. We do not charge anything that is not in your Order Summary, these terms or the price guide.

5. Price changes

5.1 Your monthly Charges increase on 1 April each year by the fixed amount in pounds and pence shown in your Order Summary. Your Order Summary shows each increase during the Minimum Term with its date and the new monthly price. We will tell you at least one month before each increase. We will not otherwise increase the Charges during the Minimum Term, except under clause 5.2 or 11.1.

5.2 If we propose any change to this agreement that is not solely to your benefit, we will give you at least one month's written notice, and you may end the Service without an early termination charge within one month of our notice.

6. Minimum Term, renewal and ending the agreement

6.1 The agreement starts when you sign it and the Minimum Term starts on the Service Commencement Date (or on the committed delivery date where clause 3.4 applies).

6.2 The Service ends at the end of the Minimum Term. The Service ends automatically at the end of the Minimum Term. It does not continue month to month, and we will not renew you into a new minimum term unless you sign a new agreement. You do not need to give us notice, and no early termination charge or cease charge is payable when the Service ends then. If you want the Service to continue, you need to sign a new agreement with us before the end of the Minimum Term; we will then continue the Service under the new agreement without a break where we can.

6.3 We will contact you about 90 days before the end of the Minimum Term, and again between 10 and 40 days before it, to remind you of the date the Service will end, what you pay now and our best prices for a new agreement.

6.4 Charges continue to apply during any notice period.

7. Early termination

7.1 Early termination charge. If you end the Service during the Minimum Term (other than under clauses 3.6, 5.2, 7.5 or 11, under clause 10.3 or 13.4 in the cases they describe, or where you end it because of our serious breach of this agreement), or we end it under clause 7.4, you must pay an early termination charge. It is the monthly Charges for the months left in the Minimum Term, at the prices that would apply in each of them (including each 1 April increase from the date it applies), less 10% to reflect the costs we save and the benefit of being paid early, plus VAT. Part months are charged pro rata. Your Order Summary shows this example worked out for your order. You will not pay more than this.

7.2 Where Equipment was supplied at a reduced price and you end the Service during the Minimum Term, we may also charge the Equipment price shown in your Order Summary, unless you return it to us in working order within 14 days.

7.3 Moving premises. The Service cannot be moved; a new connection must be ordered for the new premises under a new agreement. Tell us at least 90 days before you move. Ending the Service at the old premises during the Minimum Term is an early termination and clause 7.1 applies, because the Network Provider continues to charge us for the connection for the rest of its term. We will quote for the new premises and, where we can, time the new connection so that you are not without service.

7.4 Ending by us. We may end this agreement by telling you in writing if: (a) Charges are still unpaid 14 days after we suspended the Service under clause 4.4, and when we suspended it we warned you that we would end the agreement if you did not pay; (b) you commit a material breach of this agreement that cannot be put right, or that you have not put right within 14 days of us asking you to; or (c) you become insolvent, enter administration, receivership or liquidation, make an arrangement with your creditors, or stop or threaten to stop trading.

7.5 If the Network Provider or our wholesale supplier stops serving your premises. If the Network Provider or our wholesale supplier stops providing the circuit at your premises, or we can no longer provide the Service there for another reason outside our reasonable control, we will tell you as soon as we can and, where we can, offer you another service. If we cannot offer one, or you do not want it, we may end the Service by giving you at least 30 days' notice, or as much notice as we are given if that is less. You will not pay any early termination or cancellation charge, and we will refund any Charges you paid for the period after the Service ends.

8. Equipment

8.1 Equipment you buy from us is yours to keep once paid for, subject to clause 7.2. Its price is shown in the Order Summary. A router or other hardware supplied with the Service that your Order Summary does not show as bought by you is not yours to keep: it is Network Equipment, it remains the property of the Network Provider, our wholesale supplier or us, and clause 8.4 applies to it.

8.2 Equipment comes with the manufacturer's warranty. We will help with faults during the warranty period. Damage from misuse, neglect or unauthorised changes is not covered.

8.3 You are responsible for your own network and devices beyond the Network Equipment, including any firewall or router you connect to it.

8.4 Network Equipment. The Network Equipment belongs to the Network Provider, our wholesale supplier or us, not to you. You must: (a) keep it safe at the premises, in the agreed location with mains power and within the environmental limits the Network Provider specifies; (b) not move, open, alter or tamper with it, or let anyone else do so; and (c) give the Network Provider, our wholesale supplier and us reasonable access to install, maintain, repair and collect it, including after the Service ends, and make it available for collection when the Service ends. If Network Equipment is lost, damaged or not made available for collection because of something within your control, you must pay the charge our wholesale supplier makes to us for it or, for hardware that belongs to us, its reasonable replacement cost, which we will show you before we bill it.

9. Using the Service

9.1 You must use the Service lawfully and must not misuse or disrupt the network. In particular, you must not use the Service to: (a) send spam or other unsolicited bulk messages; (b) access, store or share material that is illegal or that infringes someone else's rights; (c) attack, probe or interfere with any network, system or device without permission, or spread malicious software; or (d) resell the Service or provide it to anyone outside your business without our written agreement. You are responsible for how anyone using the Service at your premises uses it.

9.2 We may suspend the Service where we reasonably suspect fraud, misuse, a risk to the network, or where the law, the Network Provider or our wholesale supplier requires it. We will tell you first where it is reasonably practicable.

9.3 You will compensate us for any claims, losses and costs (including reasonable legal costs) that we incur because you break clause 9.1, or because of unlawful use of the Service by you or anyone using it at your premises.

9.4 We do not apply traffic management to the Service. If we detect a security threat coming from or aimed at your connection, such as malware or a denial of service attack, we may block the affected traffic for as long as needed to protect you and the network, and will tell you what we have done and why.

10. Faults and support

10.1 Report faults to us at support@cyberfibre.uk or 0191 543 3564, 24 hours a day. We will carry out the basic checks in Schedule 1 with you, log the fault with the Network Provider and keep you updated until it is cleared. The fix targets and service credits in Schedule 1 apply.

10.2 Where a fault is caused by your equipment, internal wiring, loss of power at your premises or something outside the Network Provider's network, we may charge the engineer visit fee in our price guide. We will tell you before booking a visit where we think this is likely.

10.3 If a fault that we are responsible for fixing materially affects your use of the Service, we will keep working with the Network Provider until it is fixed, and service credits apply as set out in Schedule 1. If the Service is completely unavailable for more than 30 days in a row because of a fault we are responsible for fixing, you may end the Service without an early termination charge.

10.4 If anyone using the Service has additional needs, tell us and we will do what we reasonably can to help, as set out in our extra help policy at cyberfibre.uk/extra-help. We can provide your agreement and bills in other formats, such as large print, on request and free of charge.

11. Changes to the Service or these terms

11.1 We may make changes that are needed for technical, legal or regulatory reasons, or that are required by the Network Provider. If a change is not solely to your benefit, we will give you at least one month's written notice and you may end the Service within one month of our notice without an early termination charge.

12. Switching

12.1 The Service does not use the One Touch Switch process. When you move to us from another provider, you must give notice to your previous provider yourself; they may keep billing you until your old service ends, and you are responsible for any charges from them. We will tell you the committed delivery date as soon as the Network Provider confirms it, so that you can time your notice and keep your old service running until ours is live and tested. When you leave us, Charges continue until the Service ends, subject to clauses 6 and 7.

12.2 If, because of something we or the Network Provider did or failed to do, the Service does not go live on the committed delivery date, we will credit you as set out in Schedule 1. If we miss an appointment we agreed with you, or cancel it with less than 24 hours' notice, we will credit you £25. Credits are applied within 30 days without you having to ask.

13. Liability

13.1 Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot legally be limited.

13.2 We are not liable for loss of profit, revenue, business, goodwill or data, or for indirect or consequential loss.

13.3 Our total liability in any 12 month period is limited to the total Charges you paid in that period, or £1,000 if that is greater. Service credits under Schedule 1 count towards this limit and are your only remedy for a missed service level.

13.4 We are not liable for failure or delay caused by events outside our reasonable control, such as severe weather, flood, fire, damage to the network by third parties, power failures or industrial action. A fault in the Network Provider's own network or equipment is not such an event, and service credits still apply to it. If an event outside our reasonable control affects the Service, we will tell you and take reasonable steps to limit its effect. If such an event stops the Service for more than 60 days in a row, either of us may end the Service by telling the other, and no early termination charge is payable. The Charges continue until the Service ends.

14. Complaints and disputes

14.1 Please contact us first about any complaint. Our complaints code is at cyberfibre.uk/complaints and we will send you a copy free of charge if you ask.

14.2 If you are a Small Customer and we have not resolved your complaint within six weeks, or we send you a deadlock letter, you can refer it free of charge to the Communications and Internet Services Adjudication Scheme (CISAS), an independent scheme run by the Centre for Effective Dispute Resolution (CEDR), within 12 months: cedr-assist.com/consumer/cisas, cisas@cedr.com, 020 7520 3814, CISAS, Centre for Effective Dispute Resolution, 100 St Paul's Churchyard, London, EC4M 8BU. We will comply with any decision you accept.

14.3 Otherwise, if a complaint cannot be resolved, either of us may use the courts of England and Wales. We may also offer to refer a dispute to CISAS; if we do and you accept, we will comply with any decision you accept.

15. Data protection

15.1 We process personal data in line with the UK GDPR and the Data Protection Act 2018, as described in our privacy notice at cyberfibre.uk/privacy. We share the data needed to provide the Service with the Network Provider, our wholesale suppliers, GoCardless, Stripe and other service providers named in the privacy notice.

16. General

16.1 This agreement is governed by the law of England and Wales and the courts of England and Wales have jurisdiction.

16.2 Notices may be given by email to the addresses in the Order Summary and above.

16.3 If part of this agreement is found invalid, the rest continues in force. A failure to enforce a right is not a waiver of it.

16.4 You may not transfer this agreement without our written consent, which we will not unreasonably refuse. We may transfer it to another company in our group or to a successor, provided this does not reduce your rights.

16.5 This agreement is the entire agreement between us about the Service. Phone lines and broadband are supplied under our separate business broadband agreement.

Schedule 1: Service levels and service credits

This schedule is published at cyberfibre.uk/ethernet-flex-sla and forms part of your agreement.

1. Cover. Fault reporting and fix targets apply 24 hours a day, 7 days a week, including bank holidays.

2. Fix targets. Measured from the time the Network Provider acknowledges the fault we have logged with it after the basic checks in paragraph 3.

Ethernet Flex is provided over the CityFibre network. A complete outage means a complete loss of service, including one caused by physical damage to the fibre cable serving your premises. A target is a commitment to restore within that time or pay the credit below; it is not a guarantee that faults will not occur.

3. Basic checks. Before we log a fault with the Network Provider we will ask you to confirm that the Network Equipment is powered and its status lights are normal, that cables between the Network Equipment and your router are seated, that your router has been restarted, and that the fault is not caused by your own equipment, firewall or internal cabling. We will log the fault with the Network Provider as soon as the checks are complete. The clock starts when the Network Provider acknowledges the fault we have logged with it, which is normally within minutes. We will tell you the time it was acknowledged if you ask.

4. Service credits for a complete outage. For each full hour after the target by which a complete outage is not restored, we credit one day's Charges (the monthly Charge for the Service, excluding any phone line, divided by 30), up to a maximum of one month's Charges for any one fault. The total service credits under this paragraph and paragraph 5 in each period of 12 months, starting on the Service Commencement Date and on each anniversary of it, are also capped at 25% of the monthly Charges for the Service (excluding any phone line, calls and one off charges) due for that period. For example, an outage restored 8 hours after the Network Provider acknowledged the fault against a 5 hour target earns a credit of 3 days' Charges.

5. Packet loss and intermittent faults. We will work with the Network Provider to clear packet loss and intermittent faults within the targets in paragraph 2. Service credits for these faults are due only where the Network Provider accepts the fault and pays us a service credit for it, which it does only in exceptional cases, such as where it has been unreasonably slow to clear the fault. Where it does, we credit you at the same rate as paragraph 4 for each full hour beyond the target, up to the same caps. Where no credit is due, we will still keep working with the Network Provider to clear the fault (clause 10.3).

6. Late delivery. If the Service does not go live by the committed delivery date confirmed by the Network Provider, for reasons within our or the Network Provider's control, we credit £5 for each calendar day of delay, up to one month's Charges. Delays caused by excess construction work, wayleaves, access or anything within your control do not count.

7. Exclusions. No credit is due where the outage or delay is caused by: planned maintenance notified to you at least 2 working days in advance (or emergency maintenance by the Network Provider notified as soon as practicable); loss of mains power at your premises; your equipment, cabling or configuration; access to the premises being refused or delayed; suspension under clause 4.4 or 9.2; a denial of service attack or similar malicious traffic directed at your Service or the network; or an event outside our reasonable control under clause 13.4, other than a fault in the Network Provider's own network or equipment.

8. Claiming. Credits for faults we logged are applied to your next bill without you having to ask. For any other claim, write to support@cyberfibre.uk within 30 days of the fault being cleared. Credits are the only remedy for a missed target, are subject to the caps in paragraph 4, and count towards the liability limit in clause 13.3.

9. Availability. We do not guarantee a percentage of monthly availability. The targets and credits above are the whole of the service level.

Want a copy? Email support@cyberfibre.uk.