The following are the customer policies for West Coast Communications (referred to throughout as “Us”, “We”, “Service Provider” or “Our”). Handel Capital Limited t/a West Coast Communications is a limited company incorporated in England and Wales registered under Company Number 06584865 whose registered office is at 112 Spendmore Lane, Coppull, Chorley, PR7 5BX.

Standard Mobile Terms and Conditions

1.         Introduction
1.1       The Mobile Services under this Agreement are provided by us, your Service Provider. In this Agreement, “Service Provider”, “We”, “Us”, or “Our” mean us, your Service Provider and “You” and “Your” mean the Customer.
Definitions

Account: Our records of Your payments and outstanding Charges, plus Your personal details;
Additional Services: additional or supplemental services for which a charge is made in addition to the fixed periodic Charges for the Mobile Services (if applicable);
Age Restricted Services: any Service which are specified for use only by Customers over a specific age;
Application Your Application Form, Your online application or Your telephone application;
Application form the service application form filled in and signed by You
Cancellation Fee: a fee charged if We end the Agreement due to Your conduct or if You end Your Agreement within the Minimum Term. This fee may cover (without limitation) Your fixed periodic Charges for the Minimum Term, Our administrative costs, costs incurred by Us in Connecting and Disconnecting the Services and Our payments to operators including Mobile Network Operators, Network Providers, stores or agents;
Charges: charges under this Agreement, including call charges in respect of access to, and use of, Mobile Services as set out in the Application Form. These charges include (without limitation) fixed periodic charges, usage charges, minimum monthly spend charges, account administration fees, fees for Connection and Re-connection, a Cancellation Fee (where applicable) and any costs incurred in collecting outstanding payments from You;
Connection & Re-connection: the process of giving You access to a Mobile Service. “Disconnection and “Re-connection” have a corresponding meaning;
Content: information, communications, images and sounds, software or any other material contained on or available through the Services (including being contained within an SMS or MMS);
Customer: You, or another person named by You, who is authorised to incur Charges to Your Account;
Deposit: refundable amount that We or our Network Provider may ask You to pay before We Connect or Re-connect You to the Network or before providing any Service;
Handset: a mobile phone, device, or data card which is approved by Network Provider for Connection to its Network;
Messaging Services: any email, fax and voicemail Services, text message and multimedia messaging Services, personal information management and other message or communication facilities which let You communicate with others;
Minimum Term: the minimum period for the supply of Services as specified in Your Application commencing on the date of Registration. Where no period is specified in the Application a minimum period of 12 months from the date of activation of the most recent SIM will apply;
Mobile Network Operator (MNO): the mobile network operator(s) providing network services to Our Network Provider;
Mobile Services: the mobile services selected by You in the Application Form and offered by the Service Provider, which may include call services, Messaging Services, Storage Services, Age Restricted Services and Premium Services, which We agree to provide to You;
Network: the electronic communications system by which the Mobile Network Operator makes Our Services available in the United Kingdom;
Network Provider: Telcoinabox Limited or other network provider(s) providing network services to Us; 
Premium Service: any Mobile Services which are charged at premium rates including international calling and international roaming, which You can only access with Our prior approval;
Price List: a list of Our current Charges which is updated from time to time and is available on Our website or at Your Request;
Registration: our acceptance of Your application for Services and Our record of Your data and any user data prior to Connection.  “Register” has a corresponding meaning;
Roaming: an optional Service which allows You to use Your device on other operators’ Networks, usually in foreign countries;
SIM: a card or other device which contains Your personal telephone number and which is programmed to allow You to access the Network;
Storage Services: any Services which offer You storage capacity on the Network for storage of Content which You access from Us;
Suspension: the temporary Disconnection of Services. “Suspend” has a corresponding meaning; and
Third Party Content: the Content owned or licensed by third parties.

Key Points

  • We are providing You with Mobile Services using approved mobile phones, SIMs and network resources provided by Our Network Provider, Telcoinabox Limited, that procures elements from other Network Providers and or one or more Mobile Network Operators (MNO)
  • The terms for Services only cover the terms on which You may use the Services.  They do not cover Your purchase of Your Handset.
  • Services will be provided within Our Network Provider, or its MNO’s network area in the UK and by roaming on to other networks but it’s always possible that the quality or coverage may be affected at times.
  • You must not use the Services for any illegal or improper purposes.  Anyone under 18 is not permitted to access Age Restricted Services.
  • If You don’t pay Your Account on time or We reasonably believe that You haven’t complied with certain terms of Your Agreement, We may Suspend or Disconnect Our Mobile Services, but You still must pay all outstanding charges (including a Cancellation Fee for disconnection).
  • You agree that We and Our Network Provider, or its MNO, can process Your organisation’s information and users personal data, which We collect or which You submit to Us during any sales or registration process, for a number of purposes, including to open and manage an account for Services, to deliver products and services ordered by You, for security and emergency service support, for credit checking and fraud prevention, and for product analysis and direct marketing (subject to Your preferences) as set out in Our ‘Privacy Notice’ in the Terms for Services.

TERMS FOR SERVICES

  1. Scope
    1. Your Agreement is made up of these standard mobile terms and conditions, the Price List and the Application Form (collectively, the “Agreement”).
  2. Commencement and Term
    1. This Agreement shall commence on the date We accept Your Application to use the Mobile Services (the “Commencement Date”).  Acceptance may be by Us counter-signing the Application Form, sending a confirmation letter to you via post or email, confirming by email following an online application, or confirmation via a telephone application process.
    2. This Agreement shall remain in effect for at least the Minimum Term and then thereafter unless terminated earlier by either party in accordance with this Agreement.
    3. We will not be able to automatically renew the Agreement for the same duration as the initial Minimum term without Your written consent but the Agreement will continue as a non-fixed contract unless terminated by either party in accordance with this Agreement.
    4. The provision of the Mobile Services commences when We Connect You.
  3. About Your Agreement
    1. It is Your responsibility to make sure the SIMs are only used to access Mobile Services as permitted in this Agreement.
    2. This Agreement does not cover the supply of Your Handset.  The manufacturers of Handsets are not related to Us.  Any terms relating to Handsets will be given to You separately.
  4. Variations to Your Agreement or prices
    1. We may vary any of the terms of Your Agreement on the following basis:
      We will let You know at least one month in advance if We decide to:
  1. discontinue the Services;  or
  2. make any variations to Your Agreement which are likely to be of detriment to You;  or
  3. increase the fixed periodic charges for the Services (if applicable) by an amount which is more than the percentage increase in the Retail Prices Index Figure (or any future equivalent) in any twelve month period.
  • You can end the Agreement for such variations as explained in Section 12.1.  Subject to the above, You will not be able to end the Agreement if such variation or increase:
    1. is due to changes to the law, government regulation or licence which affect Us;  or
    2. relates solely to Additional Services.
      If You carry on using Services after the variation commences, You will be deemed to have accepted the variation.
  • We will provide You with a phone number and SIM
    1. We will open an Account for You and arrange to provide You with a SIM and a phone number (and We may agree to provide You with additional SIMs and phone numbers on Your request).
    2. Our Network Provider or its MNO owns each SIM and each SIM remains their property at all times.  You are being allowed to use the SIM by Us on a limited licence to enable You to access Services, in accordance with the terms of this Agreement.  We or they may recall the SIM(s) at any time for upgrades, modifications, misuse or when Your Agreement ends.  You can only use Our SIM to obtain Services from Us.
    3. Each SIM may only be used in Handsets which are enabled for Mobile Services and are authorised by Us for Connection to Our network.  Any attempt to use the SIM in other Handsets may result in serious damage to the Handset and may prevent You from being able to use it, including the making of emergency calls.  In these instances, We, Our Network Provider, or its MNO, are not responsible for any such damage or usage problems.
    4. Handsets which can be used to access Mobile Services may be locked to the network.  The software in the Handset and all intellectual property rights in that software is owned by the Handset manufacturer and You are being allowed to use the software on a limited licence from the Handset manufacturer.  During the term of Your Agreement for the supply of Mobile Services, You must not permit Your Handset to be unlocked via any unauthorised manner (i.e. by anyone other than Us or the Handset manufacturer).  You must contact Us if You want Your Handset to be unlocked from Our network.  If You contact Us to request that Your Handset be unlocked from Our network, We will arrange for Your Handset to be unlocked in an authorised manner (which may include replacing Your Handset with an unlocked Handset, which is the same or similar specification to Your Handset) and You must pay an unlocking administration charge.  In addition, You must ensure that there are no outstanding amounts owing on Your Account.  Prior to Us arranging for Your Handset to be unlocked, You must ensure that You back-up or otherwise store separately any of Your information or other data on the Handset which You may require, as this may be lost during the Handset unlocking process.  We are not responsible for any information or any other data which may be lost during the Handset unlocking process.
  • Services
    1. Once You are Connected, We will provide You with access to Our Mobile Services.  The Mobile Services will include Premium Services, provided You ask for them and We approve, and may also include Age Restricted Services, provided You are 18 or over and You do not show or send any content from the Age Restricted Services to anyone under 18.
    2. You will also be able to upload and send Your own content using the Mobile Services.  You grant Us, Our Network Provider, or its MNO, a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content You upload on the Mobile Services.  We may:
      1. change or withdraw some, or part, of the Mobile Services from time to time.  This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content.  Subject to Section 4.1, You can end the Agreement if this variation is likely to be of detriment to You as explained in Section 12.1; and
      2. also determine how Mobile Services are presented and delivered to the Handset or are otherwise made available to You.  We can change the way they are presented, delivered or otherwise made available to You at any time.
    3. Limitation of Services
      We will always try to make Mobile Services available to You.  However, Mobile Services are only available within Our MNO’s coverage area (which comprises a video service area and a voice & picture area within the United Kingdom).  Within this, there may be areas where You do not have access to all Mobile Services or where coverage is otherwise limited or unavailable.
    4. Disruption to Services
      There may be situations when Mobile Services are not continuously available or the quality is affected and so We cannot guarantee continuous fault-free service, for instance:
  1. when We, Our Network Provider, or its MNO need to perform upgrading, maintenance or other work on the network or Mobile Services;
  2. when You move outside Our video service area whilst You are on a call (in this case calls may not be maintained);
  3. when You are in areas not covered by Our network.  In these cases Services rely on other operators’ networks where We have no control;  and
  4. because of other factors outside Our control, such as the features or functionality of Your Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
  • What You will do in return
    Secure Your PIN, Passwords and SIM
  1. Our Network Provider or its MNO owns the SIM and it remains their property at all times, You must ensure that You keep the SIM safe and secure whilst it is in Your possession and You must ensure that You are able to return it to Us, if required to do so by Us at any time, as set out in these Agreement.  There will be a charge for any replacement SIM, unless, it is defective through faulty design or workmanship.
  2. You must keep all PINs and passwords secure and confidential.  You are also responsible for the security of Your Handset and must ensure that You keep it secure (refer to the Handset manufacturer’s user guide for details of how to keep Your Handset secure).
  3. You should immediately change Your PIN or password if You become aware that someone is accessing Services on Your account without Your permission.
  4. Responsible use of Services
    You may only use the Mobile Services:

    1. as laid out in this Agreement;  and
    2. for Your own personal use.  This means You must not resell or commercially exploit any of the Mobile Services or content.
  5. You must not use the Mobile Services, the SIM or phone number or allow anyone else to use the Mobile Services, the SIM or phone number for illegal or improper uses.  For example:
    1. for fraudulent, criminal or other illegal activity;
    2. in any way which breaches another person’s rights, including copyright or other intellectual property rights;
    3. to copy, store, modify, publish or distribute Services or content (including ringtones), except where We give You permission
    4. to download, send or upload content of an excessive size, quantity or frequency.  We will contact You if Your use is excessive
    5. in any way which breaches any security or other safeguards or in any other way which harms or interferes with Our network, the networks or systems of others or Services;
    6. to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that You upload;  and
    7. to use or provide to others any directory or details about customers.
  6. You must always co-operate with Us and follow Our reasonable instructions to ensure the proper use and security of the Mobile Services and Your account.  You must only use Handsets authorised by Us for Connection to Our network and also comply with all relevant legislation relating to their use.
  7. We may publish an acceptable use policy providing more detail about the rules for use of certain Mobile Services in order to ensure that use of Mobile Services is not excessive, to combat fraud and where Mobile Services We may introduce require certain rules to ensure they can be enjoyed by Our customers.  If We publish a policy, We will let You know and such a policy may be amended from time to time, for instance, if We discover that the Mobile Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain Mobile Services is causing problems for Us, Our Network Provider, or its MNO, its systems or for other users or if We introduce new services which may require certain rules to ensure that such new services can be enjoyed by Our customers. Again, We will let You know if this happens.
  8. Responsible use of Messaging and Storage Services
    While using the Messaging Services, You must not send or upload:

    1. anything that is copyright protected, unless You have permission;
    2. unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses;  or
    3. anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
  9. We may put limits on the use of certain Services, such as Messaging Services or Storage Services.  For example, We may limit the size of messages or storage space.
  10. While We have no obligation to monitor the Messaging Services or Storage Services, if You exceed Our use limits set out in Our fair use policy, or We are made aware of any issues with Your use of these Services, (for example, if We are made aware that You are using Mobile Services in any of the ways prohibited in Section 7.8 above), We reserve the right to remove or refuse to send or store content on Your behalf.
  11. Responsible use of Age Restricted Services
    If You are under 18, You are not permitted to access Our Age Restricted Services (if any).  If You are 18 or over and You access the Age Restricted Services, You must not show or send content from the Age Restricted Services to anyone under 18.  You must also ensure that You have deactivated any access to Age Restricted Services if You let anyone under 18 use Your Handset.
  12. Responsible use of Services outside the UK
    If You use Services from a country outside the UK, Your use of the Services may be subject to laws and regulations that apply in that other country.  We are not liable for Your failure to comply with those laws or regulations.
  • Your Rights – Complaints
    1. If You are unhappy about any aspect of Our Mobile Services, You should contact Our Customer Services. We will investigate any complaint in accordance with Our complaints handling policy, after which We will contact You with the results.
    2. See Section 16 for information about data protection and privacy complaints.
  • Our Rights – Intellectual Propert
    1. All rights, including copyright in Mobile Services and their content, belong to Us, Our Network provider, its MNO, or Our licensed source, such as a third party content provider.  We and they reserve all Our and their rights.
    2. Our trademarks, Our Network Provider and its MNO’s trade mark and other related images, logos and names on the Services are proprietary marks of Us or them.  We and they reserve all Our and their rights.
  • Paying Your Invoices
    1. You must pay Us all Charges for all the Mobile Services which are accessed using the SIM(s) We or Our Network Provider have supplied to You or which are accessed using Your Handset(s), whether the Services are accessed by You or by another person, with or without Your permission.  If any of the SIMs or Handset(s) are lost or stolen (either separately or with any of Your handset), You remain responsible for all the Charges to Your Account until You tell Us what happened and arrange for Your SIM(s) and Handset(s) to be deactivated.
    2. Method of invoicing
      Unless otherwise expressly stated in this Agreement, We will invoice You:

      1. in advance for periodic charges (usually on a monthly basis), Connection fees and service fees (where applicable); and
      2. in arrears for usage charges.  Whereas usage charges due to Your usage of Our Mobile Services inside the United Kingdom are in general invoiced in the last period, usage charges due to Your usage of Our Mobile Services outside the United Kingdom may be invoiced at other times; but this may vary in certain cases.  Your invoice may also include an amount to repay the cost of Your compatible Handset (depending on the payment scheme You have chosen).
    3. VAT: Unless expressly stated otherwise, the charges payable for the Mobile Services under this Agreement are exclusive of VAT.  Where the charges are expressed to be exclusive of VAT, You must pay to Us in addition to the charges for the Mobile Services, an amount equal to any VAT payable on the supply of the Mobile Services. That additional amount is payable at the same time as any part of the Charges for the Mobile Services is payable.
    4. We will invoice You on a periodic, usually a monthly, basis, but We reserve the right to change this period on at least 14 days’ notice. The invoice will state the amount of Charges due, the allowed payment methods and the due date for Your payment.
    5. We will endeavour to invoice You within the normal invoicing period, but We reserve the right to also invoice You in later invoicing periods.
    6. We may also submit interim invoices or require an immediate payment if We think You have exceeded a reasonable limit on Your Account.
    7. In the event You fail to pay Your account on time, You will be in breach of this Agreement and We may Suspend or Disconnect You from Our Mobile Services. You will have to pay any outstanding Charges. We may set a credit limit on Your account until You have established a good payment history with Us or if You fail to pay Your account on time or We may ask You for a Deposit.  We will let You know the applicable credit limit which We may increase or remove without notice or about the amount of the deposit that We require from You.  If You exceed the credit limit We set, We may Suspend any or all of the Mobile Services You use until You have made a payment to Your Account. You should not use the credit limit for budgeting as the amount You owe is not capped or limited by any credit limit We set.
    8. We may need to take legal or other collection action against You for non-payment of Charges. This could mean You have to pay Our costs and expenses, including legal costs, with interest added daily.  We may charge daily interest at a rate of 3%per annum above the base rate of HSBC Bank plc from time to time on any unpaid Charges from the due date to the date of payment.
    9. Dishonoured cheques: We reserve the right to terminate the Agreement without notice to You in the event: a cheque provided by You in payment of that invoice is dishonoured without a valid explanation being provided by You.  We will also charge You a dishonour fee if a cheque used to pay an invoice is dishonoured.
    10. If You use Your mobile Handset to buy goods and services from third parties, You are responsible for paying any invoice they may send You.  You will pay Us any charge which any other supplier or other person renders to Us:
      1. if You approach that other supplier or person directly, or otherwise than through Us;  or
      2. for connection or initiation of any Mobile Service or for cancellation of any Mobile Service.
  • Suspension of Mobile Services
    1. We may Suspend any or all of the Mobile Services You use without notice if:
      1. We reasonably believe You have provided Us with false or misleading details about Yourself;
      2. We advise You that Your excessive use of the Mobile Services (as may be defined in accordance with Section 7.7 above) is causing problems for other users, and You are continuing to use the Mobile Services excessively;
      3. We believe Your Handset or SIM has been lost or stolen;
      4. We reasonably believe that You have used the Mobile Services, the SIM(s) or a phone number for illegal or improper purposes in contravention of Our responsible use requirements in Section 7 above;
      5. We receive a serious complaint against You which We believe to be genuine (for example, if We receive a complaint that You are using Mobile Services in any of the ways prohibited in Sections 7.5, 7.8 and 7.11).  If this happens, We will deal with the complaint in the manner set out in Section 8.1;
      6. We are required to suspend Your Services by the emergency services or other government authorities; or
      7. We reasonably believe You have permitted Your Handset to be unlocked via any unauthorised manner and/or have not paid any relevant Charges due in contravention of Section 10 above.
    2. We may turn off Your Messaging Services if they are inactive for an extended period of time.  We will let You know before this happens.  If We do turn off Your Messaging Services  We will have no obligation to maintain any of the content in Your Messaging Services, or to forward any unopened or unsent messages to You, or anyone else.
    3. If We Suspend any or all of Your Mobile Services, You will still be able to make emergency calls (unless they have been Suspended at the request of the emergency services).
    4. If Your Services are Suspended, We may agree to re-Connect You if You ask Us to do so and there may be a re-Connection Charge for this.
  • Ending this Agreement and Disconnection of Service
    1. You may end this Agreement in the following ways:
      1. You can end the Agreement during Your Minimum Term (if You have one) by giving notice at least 30 days before the date You want to end the Agreement.  However, You must pay Us all the Charges You owe, plus any Cancellation Fee.
      2. On 30 days’ notice, outside the Minimum Term.  You can end the Agreement if Your Agreement does not contain a Minimum Term, or if You want to end the Agreement at the end of Your Minimum Term or any time after Your Minimum Term has expired, provided You give notice to Customer Services at least 30 days before the date You want to end the Agreement.
      3. You can end the Agreement within one month of Us telling You about a variation to Your Agreement which is likely to be of detriment to You.  You must give us at least two calendar week’s written notice that you are rejecting the variation and terminating the Agreement or services covered by the variation.
    2. We may end this Agreement in the following ways
      1. On 30 days’ notice, outside the Minimum Term.
      2. If Your Agreement does not have a Minimum Term, or the Minimum Term has expired, We can end this Agreement by giving at least 30 days’ notice of ending the Agreement.
      3. Because of Your conduct.
      4. In the event of any of the following, We may end Your Agreement immediately and You have to pay all the Charges You owe up until We Disconnect You:
        1. if We have the right to Suspend Your Services on any of the grounds in Section 7.5 and We believe that the grounds are serious and have not been, or are unlikely to be, rectified;
        2. if We believe that Your use of Our Services, is jeopardising the operation of Our, Our Network Provider’s, or its MNO’s network, or are of an unacceptable nature; or
        3. in the event of Your bankruptcy, insolvency or death.
      5. No network access or Services.  We may end Your Agreement if We no longer have access to other operators’ networks which We need to provide Mobile Services, or if We are no longer able to provide Mobile Services due to factors beyond Our control or because We cease business.
      6. Once You are Connected, You can only end this Agreement in the ways set out in this Section 12.  However, if You are a consumer, any statutory rights which You may have, which cannot be excluded or limited, will not be affected by this section.  For more information on Your statutory rights, contact Your local authority Trading Standards Department or Citizen’s Advice Bureau.
  • Effect of this Agreement endi
    1. If this Agreement ends, We shall have the right to transfer Your Account to another provider, or at Our sole discretion to close Your Account and Disconnect You and You will not be able to use the Mobile Services or make emergency calls.  This is without prejudice to your rights under Section 14 to request a transfer to another supplier
    2. You must immediately pay all Charges You owe up to the date the Agreement ends.  If We end the Agreement due to Your conduct or if You end Your Agreement within the Minimum Term, the Charges will include a Cancellation Fee
    3. The termination of this Agreement for whatever cause shall not affect any provision of this Agreement which is expressed or by implication intended to survive or operate in the event of termination of this Agreement.
    4. Save as expressly set out in this Agreement, termination of this Agreement shall be without prejudice to any other rights or remedies a party may be entitled to under this Agreement or at law and shall not affect any statutory or accrued rights or liabilities of either party.
  • Transfer of Services to another Supplier
    1. If in the future You ask Us to transfer any of the Mobile Services to another supplier, of Mobile Services then You remain responsible to Us for amounts payable prior to the transfer, and You will immediately pay Us that amount on receipt of Our invoice.
    2. The provision of Mobile Services ceases when We transfer those Accounts to another supplier.
    3. We will endeavour to invoice You for those Mobile Services within the next normal invoicing period but We reserve the right to issue subsequent invoices in relation to uninvoiced fees and Charges.
    4. If We become aware of other proper Charges (including fees payable to any other supplier) for those Mobile Services up to the date of transfer, or We resolve any dispute so that any liability of Ours relating to those Services is quantified, then You will immediately pay Us all such amounts on receipt of Our invoice.
    5. We will credit You with any amount credited to Us by another supplier for those Mobile Services provided up to the date of transfer.
  • Liability
    1. Limits on Our liability
      All of Our obligations to You relating to the Mobile Services are set out in this Agreement.  If You wish to make any variations to this Agreement or rely on any other term, You must obtain Our Agreement to the variation or term in writing.
    2. Except as set out in Section 15.3:
      1. all other terms, conditions and warranties relating to the Mobile Services are excluded;
      2. Our, Our Network Operator and its MNO’s, entire liability to You for something We do or don’t do will be limited to £3,000 for one claim or a series of related claims; an
      3. We, Our Network Operator and its MNO, are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of the Mobile Services.  We, Our Network Operator and its MNO, are not liable for any loss or damage that was not reasonably foreseeable when You entered into the Agreement.
    3. Nothing in this Agreement removes or limits Our liability for fraud, for death or personal injury caused by Our negligence or for any liability which can’t be limited or excluded by applicable law.  If You are a consumer, the terms of this Agreement will not affect any of Your statutory rights which You have, which cannot be excluded by this Agreement.  For more information on Your statutory rights, contact Your local authority Trading Standards Department or Citizen’s Advice Bureau.
    4. Services – Area where We have no responsibility
      We will try to ensure the accuracy, quality and timely delivery of the Mobile Services.  However:

      1. We, Our Network Operator and its MNO, accept no responsibility for any use of, or reliance on, the Mobile Services or their content, or for any disruptions to, or any failures or delays in, the Mobile Services.  This includes, without limitation, any alert Services or virus detection Services; and
      2. subject to Section 15.3 We, Our Network Operator and its MNO, do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Mobile Services or their content.  They are provided to You on an ‘as is’ basis; and
      3. We, Our Network Operator and its MNO, are not providing You with advice of any kind (including without limitation investment or medical advice).  Where Services contain investment information, We do not make invitations or offer inducements to enter into any investment agreements.
    5. We, Our Network Operator and its MNO, will not be liable:
      1. for any loss You may incur as a result of someone using Your PINs or passwords, with, or without, Your knowledge; or
      2. if We or they cannot carry out Our duties, or provide Services, because of something beyond Our control.
    6. Others’ content and services – Areas where We have no responsibility
      You may be able to use Mobile Services:

      1. to upload, email or transmit content using the Mobile Services; and\
      2. to access content which is branded or provided by others and to acquire goods and services from others.
    7. Where We, Our Network Provider or its MNO provide You with such access, all We do is transmit the content to You and neither Us nor them prepare or exercise control over the content, goods or services.  We, Our Network Provider and its MNO are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.
    8. This Section 15 will still apply even after this Agreement has ended.
  • Privacy Notice and Your Information
    1. We will only use Your personal information in accordance with this section and applicable UK data protection and privacy legislation. Please read all of this section and feel free to contact Us at the address below with any questions.
    2. Whenever You provide Us with personal information about Yourself You agree that it will be true, complete and accurate. You must tell Us if this information changes.
    3. If You provide Us with information about another individual or register a phone in the name of another individual You must have their agreement to do so or be acting with legal authority.
    4. If We reasonably believe that You have supplied Us with false or inaccurate information, or if We suspect fraud, We may delay Your Connection or suspend Your access to the Mobile Services until an investigation has been completed to Our satisfaction.
    5. “Your Information”
      By “Your Information” We mean information that You give Us or that We obtain about You as a result of any application or registration for, and use of the Mobile Services. It may include Your name, current and previous address(s), date of birth, telephone and fax numbers, gender, email address, employment and lifestyle information, bank and credit or debit card information, and information obtained from credit reference and fraud prevention agencies, marketing organisations and those who provide services to Us, and may include information from other countries.
    6. While You are a customer of Us, We and/or those who provide services to Us will also acquire and process information about Your use of the Mobile Services, including Location Data, Your Communications Data, Your mobile telephone number the unique code identifying Your phone and SIM, and Your account information including contact history notes.
    7. Some of the information We collect about You may be classified as “sensitive” (such as visual or hearing impairments) and We will ask Your permission if We wish to use or share this information;
    8. Use of “Your Information”
      We may process “Your Information” for a number of purposes including:

      1. Credit Referencing, Identity Checks and Fraud Prevention
        1. We will make searches about You at credit reference agencies who will supply Us with credit information, as well as information from the Electoral Register, to help Us to decide whether to accept Your application or future applications, and to verify Your identity.
        2. We will also disclose details of Your Agreement with Us, the payments You make under it, account balances and information about any default, dispute, and debts to credit reference agencies. We will also disclose details of any change of address reported to Us or of which We become aware. Credit searches and the information supplied by Us and held by credit reference agencies is used by Us and other organisations to help make decisions about other credit applications by You or other members of Your household with whom You are linked financially to trace debtors, recover debts, to prevent and detect fraud and to manage Your account.
        3. We may also check and share Your details with fraud prevention agencies and We will record (and pass to the fraud prevention agencies) details of any false or inaccurate information provided by You or where We suspect fraud. Records held by fraud prevention agencies will also be used by Us and other organisations to help prevent fraud and money laundering, for example. Those fraud prevention agencies may disclose information to law enforcement agencies where requested and necessary for the investigation of crime. We and other organisations may access and use (from a country other than the UK) the information recorded by fraud prevention agencies.
        4. We may also use and share Your details for the collection of any debts owed by You. This may include the use of debt collection agencies to collect debts on Our behalf or may include the assignment of debts to a third party company. The assignment of debts will involve the sale of Your debt and account information to a third party company – this information may include Your name, address and contact data, year of birth, debts owed, payment history and other information necessary to help recover the debt.
        5. We may also pass and share information to other communications service providers and network operators for the detection and prevention of theft and fraud. You can ask Us at any time for details of the credit reference and fraud prevention agencies to whom We disclose and obtain information about You.
      2. Account and Service Management
        1. to process applications, registrations or orders made by You, to create and administer accounts, to calculate and charge for the Mobile Services, to produce any necessary invoices or invoicing statements, and to provide customer services including the management of any complaints or queries;
        2. to supply any products, services or information requested by You and/or which We may provide;
        3. for traffic and invoicing management;
        4. to update Your Handset remotely “over the air” with software updates and to investigate and resolve any Mobile Service related queries made by You;
        5. to process data revealing the geographic location of Your Handset in order to provide location-based services requested by You and which may be provided by Us or by third parties on behalf of Us, or where You request location-based services directly from third parties; Your location data will always be transmitted when calling the emergency services in the UK;
        6. We may monitor and record calls and messages from You and Our Customer Services for training and quality purposes;
        7. please be aware that when You call Our Customer Services, Your phone number will automatically be presented to Our Customer Services so that We are able to provide You with integrated customer services and for security purposes.
      3. Marketing and keeping You informed:
        1. to carry out analysis of Your information, in order to develop Our relationship with You, to develop and personalise the Mobile Services and to present and deliver these to Your Handset
        2. to keep You informed about Our services, developments, pricing tariffs, special offers, and any discounts or awards which We believe may be of personal interest to You, or which You may be entitled to. We may keep You up to date directly to Your Phone, and by post, telephone and by electronic messaging such as mobile text and picture message, email voice, audio and videomail subject to any preferences indicated by You. You can contact Us at any time to ask Us not to use Your location or “communications data” for marketing purposes or if You would prefer not to receive direct marketing information, or simply to update Your preferences by writing to or calling Customer Services, by sending an email to us; (iii) to tell You about the products and special promotions of carefully selected partners (subject to Your preferences) and allow You to receive advertising and marketing information from them but without passing control of Your information to the third party concerned. You can update Your preferences at any time as described above;
        3. to carry out market research;
      4. to carry out activities necessary to the running of Our business, including system testing, network monitoring, staff training, quality control and any legal proceedings; and
      5. to carry out any activities or disclosures to comply with any regulatory, government or legal requirement.
    9. We may enter Your name, address and telephone number in a publicly available directory enquiry service and directories operated by Us or by a licensed third party operator such as BT, subject to Your preferences and only where You have given Us permission
    10. We may share Your information with other members of Our group of companies, and with Our, or their, partners, associates, agents and contractors who provide services to Us, and for the purposes of pursuing Our legitimate interests, including people who are interested in buying Our business. These may include people and companies outside the European Economic Area (the “EEA”) which consists of the European Union Member States together with Iceland, Liechtenstein and Norway.
    11. We may also use data processors, some of whom may be based outside the EEA, to process data on Our behalf and who provide specific services to Us and Our group of companies. Certain services may be provided by group companies in India or Australia. If We do this, We will ensure that Your information is processed to the same UK standards adopted by Us;
    12. If You use Our Services from a country outside the UK it may be necessary to transfer Your information to that country. If that country is outside of the EEA, the treatment of Your personal information may be subject to laws and regulations applying in that country and which may not protect Your information to the same standards applying in the UK and the EEA.
    13. When You make a call, the calling line identity (CLI) of Your Phone (Your mobile number) will be displayed on the Phone of the person You call. If You do not wish Your CLI to be displayed and/or transmitted You should consult Your user guide or contact Customer Services. Your CLI cannot be blocked when calling the emergency services, or when sending a text, picture, or video message.
    14. We may retain Your information for as long as is necessary for the purposes detailed in this notice and until charges for services cannot be lawfully challenged and legal proceedings may no longer be pursued. Generally, We will keep Your communications data for up to one year. Your account information will be kept after Your relationship with Us ends to comply with legal and regulatory obligations.
    15. You must keep any passwords and PIN numbers relating to Your Account and the Mobile Services safe and secure. You must not share them with anyone else. If You find or suspect that anyone else knows Your passwords or PIN numbers, or can guess them, You must contact Us immediately and ask Us to change them. This is Your responsibility
    16. You have the right to obtain a copy of personal data which We may hold about You. Please write to the Data Protection and Privacy Officer, at our address located on our website. Alternatively, email us at any of the email addresses located on our website. We may ask You to provide proof of Your identity and residence and may charge £10 to cover Our administrative cost
    17. If You have any questions about this notice or the way in which Your information is processed, please contact the Data Protection and Privacy Officer, by writing or sending an email to the above addresses
    18. If We change this notice We will post the amended version on Our website so You always know how We will collect, use and disclose Your information. See our website for any updates.
  • Notices
    1. Notices given under this Agreement must be in writing and may be delivered by hand, courier or first class post, by fax or e-mail
      1. to Us at the relevant address provided during the Registration process or any alternative address which We notify to You;
      2. to You at the relevant postal or email address provided as part of the details which You submit during the Registration process or any alternative address that You provide to Us.
  • Other terms
    1. This Agreement is governed by English Law. Each of Us agrees to only bring legal actions about this Agreement in an English court.
    2. If You, or We or Our Network Provider, or its MNO, delay, or do not take action to enforce Our respective rights under this Agreement, this does not stop You, or Us or them, from taking action later.
    3. If any of the terms in this Agreement are not valid or legally enforceable, the other terms will not be affected.  We may replace any item that is not legally effective with a similar term that is
    4. We may assign or transfer Our rights and obligations under Your Agreement to a party who agrees to continue complying with Our obligations under this Agreement, provided that Your rights under the Agreement or any guarantees given by Us to You are not affected.  No other person (other than Our assignee, if any) may benefit from this Agreement.
    5. In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case We may have to change Your phone number for Services.
    6. You confirm that You have full contractual capacity to agree to the Agreement.

      Third Party Rights
    7. This Agreement is entered into by Us for the benefit of Us, Our Network Provider, and its MNO.
    8. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that Our Network Provider, Telcoinabox Limited as well as Gamma Telecom Ltd and its MNO will have the right to enforce any rights conferred on it under this Agreement and, to that extent, Telecoinabox Limited, Gamma Telecom Ltd and the MNOs will have the same rights against You as would be available if they were a party to this Agreement.
    9. This Agreement constitutes the entire Agreement between Us and You and there are no other oral or written understandings or agreements between US and You to the subject matter of this Agreement.  Any representation(s) (unless they have been made fraudulently) not specifically contained in this Agreement made prior to entering into this Agreement do not survive subsequent to the execution of this Agreement.

Standard Terms and Conditions (non-mobile)

      1. Introduction
          1. In this Agreement, “Service Provider”, “We”, “Us”, or “Our” means us, your Service Provider and “You” and “Your” mean the Customer, specified in the Order Form.
          2. Definitions
            The following definitions are used in this Agreement, unless the context otherwise requires:
            “Agreement” – means collectively these terms and conditions, incorporating the applicable Order Form;
            “Cancellation Charge” – means a fee charged if We end the Agreement due to Your conduct or if You terminate the Agreement within any agreed Minimum Term. This fee may cover (without limitation) the Monthly Subscription Fee in respect of that Minimum Term, Our reasonable administrative costs, and direct and necessary costs incurred by Us in connecting and disconnecting the Services;  
            “Charges” – means charges under this Agreement (which can include usage charges, the Installation Charges, Abortive Visit Charges, Monthly Subscription Fee and Cancellation Charges) in respect of the Services as may be set out in the Order Form or the Price List;
            “Clause” – means a clause in this Agreement;
            “Commencement Date” – has the meaning given in Clause 2.1;
            “Communications Act” – means the Communications Act 2003;
            “Confidential Information” – means all information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by one Party to another Party including, without limitation, any information relating to products, operations, processes, plans or intentions, client information, product information, Intellectual Property Rights, market opportunities and business affairs or those of clients or other contacts (and for the purposes of this definition, “confidential nature” shall refer to information which is identified as confidential at the time of disclosure or would be considered to be confidential by a reasonable person based upon the nature of the information and the circumstances of disclosure);
            “Customer, You or Your”means the person stated in the Order Form and/or where the context requires, a person We reasonably believe is acting on that person’s authority;
            “Customer Apparatus” – means any equipment, infrastructure and/or apparatus, and any software embodied therein (including without limitation, cabling, wiring, routers, personal computers, network interface cards and network interface adapters), that is owned by You or for which You are responsible;
            “Customer Services” – means’s Customer Services, contact details of which are located on Our website:
            “Data”includes information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form;
            “Designated Provider” – means     the provider which is providing telecommunications and other services and equipment to the Service Provider which are being provided to You under this Agreement; “Equipment” – means the Rental Equipment and the Customer Apparatus;
            “Fair Use Policy” – means the fair use policy provided to the Customer and available on the Website, and which is subject to change from time to time;
            “Group Company” – means any holding company of a company or any subsidiary of such company;
            “Intellectual Property Rights” – means all of the following: (a) works of authorship, copyrights, including moral rights, registrations and applications for registration thereof; (b) patents, patent applications and all related continuations, divisional, reissue, utility models, applications and registrations thereof, inventions (whether patentable or not), designs, trade marks (whether registered or not, including applications) and domain names; (c) trademark and trade name rights and similar rights; (d) trade secrets and Confidential Information, know-how, manufacturing information, system process and techniques, designs, prototypes, enhancements, improvements, customization, work-in-progress, research and development information; (e) other proprietary rights relating to the foregoing;
            “Landline Services” – means the non-mobile voice services which may be provided under this Agreement as set out in the Order Form and which are subject to Schedule 1;
            “Line” – means a connection provided to You with a phone number allocated by Us by which You or another person that has access to such connection can make and receive telephony calls;
            “Minimum Term” – means one month from the Commencement Date, unless otherwise stated in the Order Form;
            “Monthly Subscription Fee”means the monthly Charge payable for the Services as set out in the Order as may subsequently be varied by Us in accordance with our applicable Price List;
            “Order Form” – means an application form (either online or in hard copy) submitted by You to order the Services subject to this Agreement;
            “Other Provider” – means the Designated Provider and any service provider which is providing services and equipment to the Designated Provider which are to be provided under this Agreement;
            “Party” – means the Service Provider and You;
            “Premises” – means the site at which any Rental Equipment shall be installed or to which the Services shall be provided as specified in the Order Form;
            “Price List” – means information relating to the Service Provider’s Charges included in the Order Form or available on the Website or on request from Service Provider as may be amended from time to time;
            “Renewal Term”means successive periods of 12 months if not provided otherwise in the Order Form;
            “Rental Equipment” – means any equipment, infrastructure, and/or apparatus, and any Software or other software embodied therein (including without limitation, cabling, wiring, routers, personal computers, network interface cards and network interface adapters), that is rented by You or licensed to you under this Agreement;
             “Services”   – means the services set out in the Order Form or otherwise which are provided by the Service Provider pursuant to this Agreement (and which may include the Landline Services);  
            “Software” – means any software supplied to You by Service Provider in connection with or to enable You to use the Services;
            “Standard Service Levels” – means the Service Provider standard service levels if any, in relation to the Service Provider Services as may be published on Our website; and
            “Website” – means Our website or such other address as is notified to You from time to time.
          3. Interpretations
            1. In this Agreement (except where the context otherwise requires):
              1. the Clause headings are included for convenience only and shall not affect the interpretation of this Agreement;
              2. use of the singular includes the plural and vice versa;
              3. use of any gender includes the other genders
              4. any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality);
              5. any reference to a Party or to the Parties or their respective affiliates shall be deemed to include the party or parties hereto and their respective successors and permitted assigns and their respective employees;
              6. any reference to an enactment, statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation; and
              7. any reference to “includes” or “including” shall be deemed to mean “includes but not limited to” or “including but not limited to”.
            2. Where in the Agreement You agree not to do any act or thing You also undertake and warrant not to allow (including without limitation, taking all reasonable preventative measures) any other person to do that act or thing.
      2. Commencement and Term
        1. This Agreement shall commence on the date the Service Provider accepts Your Order Form (the “Commencement Date”).
        2. The Agreement  shall continue to be in force for the duration of any Minimum Term whereupon it shall renew automatically on a rolling monthly basis unless either Party provides at least 30 days written notice prior of to the expiration of the Minimum Term or any Renewal Term of its decision not to renew.
        3. In the event that the Minimum Term is no extended under the Order Form, then this Agreement shall continue to be in force on a rolling monthly basis unless either Party provides at least 30 days written notice.
      3. Order Form
        1. To order the Services You must complete and submit to the Service Provider an Order Form.
        2. Notwithstanding Clause 3.1, if at its absolute discretion the Service Provider accepts an order for Services placed other than on its Order Form, the Services provided shall be subject to this Agreement.
        3. The Service Provider shall at its sole discretion be entitled to reject any Order Form, including in the event
          1. You fail any credit check under clause 6
          2. You have provided the Service Provider with incorrect or incomplete information reasonably required by the Service Provider to supply the Services; o
          3. the Services cannot be delivered to the Site having regard to any geographic, practical or technical restraint.
      4. Service Provider Obligations
        1. In consideration of the compliance by You with Your obligations under this Agreement, the Service Provider shall use reasonable endeavours to:
          1. provide the Services in accordance with this Agreement;
          2. arrange for the delivery of any applicable Rental Equipment; and
          3. meet any Standard Service Levels in force regarding the Services PROVIDED THAT, save as expressly stated in such Standard Service Levels, the Service Provider shall have no liability for any failure to meet any such Standard Service Levels.
        2. In performing its obligations in Clause 4.1, the Service Provider shall use the reasonable skill and care of a competent service provider in providing the Services.  However, You accept and affirm that:
          1. it is technically impracticable for the Service Provider to provide the Services entirely free of faults and that the Service Provider may not be able to prevent interference of the Services with existing telecommunications services or the functioning of computers, software You have installed, or other electronic equipment, and that the Service Provider does not undertake to do so;
          2. the Service Provider cannot guarantee that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all; and
          3. the Service Provider does not provide a back-up of Your Data or guarantee the integrity of Your Data.
        3. The Service Provider shall be entitled to:
          1. change the technical specification of the Services (provided that such changes do not materially affect the performance of the Services) where necessary for operational reasons, statutory or regulatory requirements;
          2. give You instructions (which You shall comply with) which the Service Provider believes to be necessary for health and safety reasons or for maintaining the quality of the Services; an
          3. make alterations to the Services (including without limitation conversions, shifts, reconfigurations and renumbers).  Such alterations may result in disruption to the Services although we will use reasonable endeavours to minimise any disruption to the Company, and where practicable, we will give You as much notice as possible.
        4. In the event that circumstances such as geographic, practical or technical restraints may not become apparent until after the Commencement Date, the Service Provider reserves the right to cease at its sole discretion the provision of Services but shall credit any Charges paid in advance by the Customer against the future provision of Services.
        5. The Service Provider shall comply with the general conditions of its authorization under the Communications Act
        6. Any Landline Services shall be provided in accordance with Schedule 1.
      5. Your Obligations
        1. You undertake to:
          1. promptly supply the Service Provider with all information and materials reasonably required by the Service Provider to provide the Services;
          2. use the Services and/or the Rental Equipment in accordance with the terms of this Agreement  and any such conditions and/or reasonable instructions as may be notified to You by the Service Provider from time to time; and
          3. use the Services and/or the Rental Equipment in accordance with any Acceptable Use Policy
        2. Without limitation to Your obligations in Clause 5.1, You further undertake and warrant to not use and not allow anyone to use the Services:
          1. to communicate, publish, transmit, post, distribute, disseminate, knowingly receive, upload, download, use or re-use any material or information which is an infringement of a third party’s Intellectual Property Rights, or is defamatory, offensive or abusive or of an obscene, indecent, nuisance, hoax threatening or menacing character;
          2. to send or receive data in such a way or in such amount so as to have a material adverse effect on the Network (or any part of it) or networks or systems of others or the Services;
          3. to threaten, harass, stalk, abuse, disrupt or otherwise violate or infringe the rights or property of any person, firm or company (including rights of copyright (or other intellectual property rights), privacy or confidentiality);
          4. to falsify the true ownership of software or other material or information contained in a file that You make available via the Service
          5. to “spam” or otherwise deliberately abuse any part of the Network (or connected networks) or make available or upload files that contain a virus or corrupt data;
          6. in breach of this Agreement;
          7. to engage in criminal, illegal or unlawful activities; or
          8. to falsify user information;
          9. to forge addresses;
          10. to post or send the same or similar message in multiple use net or news groups or to otherwise misuse those news groups;
          11. to send or provide unsolicited commercial messages or communications in any form;
          12. with a view to avoiding incurring or paying charges for such usage; and
          13. with a view to degrading the use of services by third parties.
        3. You undertake not to re-sell the Services or any Rental Equipment or any part thereof to any person unless otherwise prior agreed in writing by the Service Provider
        4. The Service Provider may from time to time vary the technical and/or operational procedures for use of the Services.  You also undertake to comply with any relevant standards or approvals under the Communications Act.
        5. In the event the Service Provider allocates You a password to enable You to use the Services, You must keep this password safe and confidential and notify the Service Provider immediately if any third party becomes aware of it.  The Service Provider reserves the right to change the password without notice and if it has reason to believe You are in breach of this Clause 5.3 to invalidate such password and/or to suspend the Services.
        6. You are responsible for the use of the Services (whether authorised or not and whether by You or any other person including any hacker), including without limitation for all Charges incurred and for any breaches of this Agreemen
        7. You may be required to provide information as set out in the applicable handbook of Other Provider or underlying carrier.  You may also be required to provide reasonable access to the Service Provider, Other Provider, or underlying carrier in connection with the provision of Services
        8. You shall not use the trademark or service mark of the Service Provider, Other Provider or underlying carrier without the applicable prior written permission
        9. You affirm that you do not own any telephone number provided in respect of the Services, and You shall not have any right to sell or agree to transfer any number provided to You under this Agreement
        10. You shall agree to authorise the Service Provider to communicate on Your behalf with any Other Provider and to supply to such Other Provider for the purposes of, and to the extent necessary for, arranging performance of the Services, any information which You may have provided to the Service Provider in connection with the Services.  You also authorise your previous telephone suppliers and/or network providers to disclose relevant information to the Service Provider
        11. You should ensure that Your decision to use or switch to the Service Provider’s Services does not breach any existing contract of Yours with another supplier.
      6. Creditworthiness
        1. You give permission to the Service Provider to carry out credit checks on You.  If at any time before or during the term of this Agreement You fail to meet the standard of creditworthiness deemed acceptable by the Service Provider, or You delay any payments due on two occasions within a period of 12 months, the Service Provider shall be entitled
          1. to terminate this Agreement immediately on written notice to You under Clause 16.4
          2. to require You to make such regular instalment payments in advance on account of any future charges as the Service Provider shall deem appropriate; and/o
          3. to impose such other measures on Your right to use any of the Services as the Service Provider shall deem appropriat
          4. Any exercise by the Service Provider of its rights under sub-Clause 6.1.2 and 6.1.3 shall not limit the right of the Service Provider to terminate this Agreement under sub-Clause 6.1.1.
      7. Charges
        1. Charges for using the Services are as referred to in the Price List
        2. If an Other Provider or underlying carrier of the Service Provider increases the costs payable by the Service Provider in respect of any element of the Services, then the Service Provider shall be entitled to increase the Charges payable by You in respect of such element on a pro rata basis.  The Service Provider shall provide You with as much notice of any increase of the Charges as is reasonably practicable in all the circumstances, having regard to (among other things) the amount of notice provided to the Service Provider by the Other Provider or underlying carrier in relation to the increase of the costs payable by the Service Provider
        3. The Service Provider may also increase the Charges by giving You 30 days’ written notice.  Without limitation such notice may be contained in billing information provided to You by the Service Provider.  Within 7 days of such notification, You may give notice to the Service Provider to terminate this Agreement under Clause 16.2 and the increased charges shall not apply during this notice period.  If You do not terminate in such period You are deemed to have accepted the increased Charges.  The Service Provider may decrease Charges at any time without notice and, in the event of such a decrease, You shall have no right to terminate the Agreement.
        4. Your liability for Charges starts from the Commencement Date whether or not the Services are used.
        5. In the event of You not being available on the agreed date for an engineer visit You will be charged an Abortive Visit Fee in accordance with the price list.
      8. Payment of Charges
        1. You shall pay the Charges (including, when applicable, Installation Charges, Abortive Visit Fee and the Cancellation Charges) to the Service Provider’s nominee.
        2. Unless otherwise stated on the Order Form, all Charges, payable by You will be invoiced on a monthly basis and charged in accordance with the Order Form.  The Charges shall be payable to the Service Provider (or such person as the Service Provider or the person invoicing on behalf of the Service Provider shall specify) on or within 5 days of the date of such invoice by direct debit.
        3. You agree to pay the Service Provider the Charges in full without any set-off, deduction, withholding, restriction or condition whatsoever.
        4. The Service Provider reserves the right to charge a deposit to secure amounts payable by You.  Such deposit may be applied by the Service Provider against any outstanding Charges due by You hereunder from time to time.  No interest shall be payable on any such deposit.  The deposit (or remaining balance thereof) shall be repaid to You after 6 calendar months or, where longer, when a good payment history has been demonstrated by You.
        5. If payment of the Charges is not made when due, the Service Provider may, without prejudice to its other rights, charge daily interest at an annual rate of 4% above the base rate for lending of Barclays Bank plc on any amount You fail to pay, from the date when payment was due until the date of actual payment. Interest will continue to accrue even if the Agreement is terminated.
        6. You must reimburse the Service Provider all costs and expenses (including legal costs) incurred in the collection of any overdue amounts.  Costs and expenses will continue to accrue even if the Agreement is terminated.
        7. All sums due to the Service Provider under this Agreement are, unless otherwise stated, exclusive of Value Added Tax (“VAT”) or any other applicable tax which shall be charged to You.
        8. If a direct debit is dishonoured or cancelled, the Service Provider shall be entitled to pass on to you any third party charges the Service Provider incur and, in addition, the Service Provider may suspend your Service. The Service Provider shall also be entitled to charge you a monthly administration fee for each month in which your direct debit is dishonoured or not reinstated following cancellation.  The Service Provider shall be entitled to re-present direct debits for payment.
        9. If at any time either You or the Service Provider terminate the Services for any reason and You have made any cash, debit or credit card payments in advance for that Service or paid any deposit, the Service Provider shall only refund the excess of such payments that remains after settlement of all charges on Your account.
      9. Suspension
        1. The Service Provider may:
          1. temporarily suspend the Services or any part thereof to vary the technical specification of the Services or for repair, maintenance or improvement or to protect life, limb or property;
          2. at its discretion, suspend the Services and/or terminate the Agreement if You are in breach of any provisions of Clause 8 above or should your direct debit be cancelled or otherwise not validly in place give such instructions to You about the use of the Services it deems reasonably necessary;
          3. do whatever is required of it to comply with laws, regulations or instructions issued by any competent authority (including Ofcom) or emergency services organization; and
          4. suspend the Services in any circumstance in which it is entitled to terminate the Agreement or when You have not paid any sum due which has been properly invoiced and is owing to the Service Provider.
        2. Except in an emergency when no such notice is required, the Service Provider will aim to give You as much notice as reasonably practicable if the Services are to be suspended but You shall have no claim against the Service Provider for any suspension of the Services pursuant to Clause 9.1 above.  Any exercise by the Service Provider of its right to suspend the Services shall not affect the Service Provider’s right subsequently to terminate this Agreement.
        3. If the Services are suspended pursuant to Your default, You must continue to pay Charges during such suspension and shall reimburse the Service Provider’s costs and expenses reasonably incurred by the implementation of such suspension together with all outstanding amounts due under this Agreement.  Where the Service Provider agrees (at its discretion) to recommence the Services You must pay the Service Provider’s reasonable Charges in relation to such re-commencement or re-connections and, at the Service Provider’s reasonable discretion, You shall be required to pay a reasonable deposit against future payments.
      10. Intellectual Property Rights
        1. Nothing in this Agreement entitles You to use the Service Provider’s or the Other Provider’s logo and trademark or any of the Service Provider’s or Other Provider’s Intellectual Property Rights in any of Your company’s promotional literature.
        2. All Intellectual Property Rights pertaining to the Services shall remain the sole and exclusive property of the Service Provider and/or the Other Provider or its respective licensors and nothing in or pursuant to this Agreement shall operate as a transfer or licence of Intellectual Property Rights to You.
        3. Intellectual Property Rights in any Software and/or Rental Equipment provided to You under this Agreement remain the property of the Service Provider or its licensor.  You agree to comply with the terms of this Agreement and any licences required by the Service Provider or other owner of any Intellectual Property Rights in the Software and/or Rental Equipment.
      11. Software
        1. Whilst the Service Provider and its suppliers have made reasonable efforts to minimise defects or errors in the Software and to check the Software for viruses, the Service Provider does not warrant that Your use of the Software will be uninterrupted or that the operation of the Software will be error free, virus free or secure, or that the Software and the functions of the Software will be merchantable and will meet Your requirements.  In addition, the security mechanism implemented by the Software has inherent limitations and You shall have sole responsibility in determining that the Software sufficiently meets Your needs.
        2. To the maximum extent permitted by law, the Service Provider’s sole liability with respect to the Software would be:
          1. to replace Your defective media or copy of the Software; or
          2. to refund any fee You paid for the Software.
        3. The Service Provider’s liability in relation to the Software shall be incurred only in the event that You:
          1. inform the Service Provider during the applicable warranty period;
          2. if requested by the Service Provider, return the Software promptly to the Service Provider; and
          3. provide evidence of the dates You received the Software.
      12. Rental Equipment
        1. Where supplied by the Service Provider, Rental Equipment shall remain the property of the Service Provider or its licensor.  You agree to make such ownership of the Rental Equipment clear to all third parties.
        2. The Service Provider may modify, substitute, renew, add or reduce Rental Equipment from time to time at its sole discretion provided that such modifications, substitutions, renewals, additions or reductions shall not materially and adversely affect the Services nor save in the case of an interim exceptional basis, substitute Rental Equipment that You have been paying for with a significantly less expensive Rental Equipment.  Risk in and liability for the Rental Equipment shall pass to You on delivery of the Rental Equipment.
        3. You are responsible for ensuring at all times the safe keeping and proper use of the Rental Equipment at the Premises and for maintaining sufficient insurance to cover the full replacement cost of the Rental Equipment.  In particular (but without prejudice to the generality of the foregoing and without limitation) You shall:-
          1. not (and to ensure that no other person shall) sell, let, transfer, dispose of, mortgage, charge, modify, repair, service, tamper with, remove or interfere with the Rental Equipment or suffer any distress, seizure or execution to be levied against any of the Rental Equipment or otherwise do anything prejudicial to the Service Provider’s rights in the Rental Equipment;
          2. keep the Rental Equipment at the Premises;
          3. immediately notify the Service Provider of any loss or damage to the Rental Equipment;
          4. not cause the Rental Equipment to be repaired, serviced or otherwise attended to except by an authorised representative of the Service Provider;
          5. not do anything or knowingly to allow any circumstance, matter or thing, which is likely to damage the Rental Equipment or detract from or impair its performance or operation;
          6. not remove, tamper with or obliterate any words or labels on the Rental Equipment or any part thereof; and
          7. permit the Service Provider or its agent(s) to inspect, test and maintain the Rental Equipment at all reasonable times and on reasonable notice.
        4. Subject to Clause 16.8, You agree to pay Rental Equipment Charges (as referred to in the Price List or as otherwise agreed in writing) for the Minimum Rental Term on a monthly basis by direct debit for the lease of the Rental Equipment.
        5. On expiry of the Minimum Rental Term, You shall have the right to:
          1. return the Rental Equipment to us at Your own expense in accordance with clause 16.8; or
          2. continue to use the Rental Equipment subject to continuing to pay the Monthly Subscription Fee.
      13. Customer Apparatus
        1. The Service Provider or Other Providers shall have no liability for any loss or damage whatsoever arising directly or indirectly from Your use of the Customer Apparatus, whether or not the Service Provider shall have recommended the use and/or performance of such Customer Apparatus.
        2. You are entirely responsible for the security of access to the Customer Apparatus, Your computer systems or other use made via Services whether or not authorized by You including where a third party has hacked in, the integrity of information stored thereon and its security from corruption, change and abuse by others.
        3. You must ensure that all Customer Apparatus are in good working order and comply with applicable standards, approvals and any relevant law.  The Service Provider may require You to disconnect (in which case You must do so promptly) or may itself disconnect any Customer Apparatus if in the Service Provider’s reasonable opinion: (i) it does not conform to applicable standards, approvals or any relevant law for the time being in force; or (ii) it may cause injury to any person or material damage to property; or (iii) it may materially impair the quality of any Services provided by the Service Provider.
      14. Limitations of Liability
        1. Each Party accepts unlimited liability for fraudulent misrepresentation, death or personal injury resulting from its own negligence or that of its employees while acting in the course of their employment by such Party.  However, nothing in this Clause gives a Party any right or remedy which it would not otherwise have.
        2. Nothing in this Agreement shall exclude or restrict a Party’s liability for matters which cannot by law be excluded or restricted.
        3. Except as expressly stated in this Agreement, all warranties, representations, conditions, undertakings or terms, express or implied in respect of the Service Provider’s Services are excluded to the fullest extent permitted by law.
        4. The Service Provider makes no express or implied warranty relating to the performance, quality or fitness for a particular purpose of the Services and/or Rental Equipment.  No agent or employee of the Service Provider is authorised to make any representation or modifications, extensions, or additions to this Clause.
        5. The Service Provider’s, its employees’ and its sub-subcontractors’ entire liability to You (including without limitation liability for negligence) shall be limited for one claim or a series of related or unrelated claims within a period of 12 months to the lesser of
          1. the value of the Service Provider’s Charges to You within the previous 12 month period; and
          2. £25,000.
        6. Notwithstanding the above, neither Party shall be liable in contract, tort or otherwise (including liability for negligence), for loss or damage, whether direct or indirect, of business, production, data, operation time, goodwill, revenue, profits, for any loss of anticipated savings, for wasted expenditure or for any indirect or consequential loss whatsoever.
        7. The Service Provider shall not be liable to the maximum extent permitted by law for any loss of data resulting from the use of the Services including without limitation any delays, non-delivery or missed deliveries directly or indirectly caused by the Service Provider.
        8. Without undertaking any obligations to give any such advice and/or recommendations, the Service Provider shall not be liable to the maximum extent permitted by law for any loss or damage suffered by You as a result of placing reliance on the Service Provider’s advice and/or recommendations regarding the use of a third party’s products or Services.
      15. Indemnities and Warranties
        1. Other than as expressly set out in this Agreement and to the greatest extent permitted by law, the Service Provider makes no representations or warranties with respect to the Services and/or Rental Equipment, or the performance of its obligations hereunder, and expressly excludes such representations and warranties, whether implied, statutory or otherwise.
        2. In particular, but without prejudice to the generality of Clause 15.1, You acknowledge and accept that:
          1. the Service Provider does not warrant that the Services will be available at any particular time or continuously;
          2. the repair of any fault with the Services is the sole responsibility of the relevant underlying carrier and the Service Provider’s responsibility with respect to such fault shall be limited to (i) reporting the fault to the party responsible for the service (ii) passing on to You any compensation actually received by the Service Provider from the carrier or Other Provider in relation to such fault; and
          3. the Service Provider is not responsible for any loss of or disruption to Services due to failure of a carrier network or Other Provider.
        3. You will indemnify, defend and hold harmless the Service Provider and the Designated Provider from and against any liabilities, actions, losses, damages, judgments, costs, claims or expenses incurred by the Service Provider or the Designated Provider for legal proceedings which are brought or threatened against the Service Provider and Designated Provider by a third party (which may include an Other Provider) in the event of:
          1. Services being or having been used in breach of any obligation in this Agreement; or
          2. any fraud or artificial inflation of traffic; or
          3. You not granting permission or suitable safe environment for the Service Provider (and/or Other Provider) in connection with this Agreement.
        4. Except where such loss or damage is solely attributable to the negligent act or omission of the Service Provider, its employees, sub-contractors or agents You must indemnify the Service Provider for any loss or damage to the Rental Equipment (including but not limited to lightning or electrical damage).
        5. The Designated Provider shall be entitled to enforce the indemnities in Clauses 15.3 and 15.4 against you under the Contracts (Rights of Third Parties) Act 1999 PROVIDED THAT there is no double recovery of any indemnity already paid by You to the Service Provider in respect of the same breach.
      16. Termination
        1. This Agreement may be terminated in accordance with this Clause 16 (or, in the case of a force majeure event, Clause 19).
        2. Each Party may terminate this Agreement by giving the other Party 30 days written notice provided that, unless the termination is under Clause 7.3, such notice shall not be valid unless it expires on or after the end of any Minimum Term.
        3. Notwithstanding Clause 17, You may terminate this Agreement prior to the expiry of the Minimum Term or the Minimum Rental Term where Rental Equipment is provided, on condition that You pay the Cancellation Charges calculated pursuant to Clause 17.
        4. Notwithstanding Clause 16.2, the Service Provider may terminate this Agreement immediately on written notice, and without having to pay any compensation to You if:
          1. You are the subject of bankruptcy or insolvency proceedings in the United Kingdom or elsewhere, a receiver or administrator (or equivalent) is appointed over any of Your assets, or You enter into any formal or informal composition or arrangement (or equivalent) with Your creditors, or You or the Service Provider reasonably believes that such events are reasonably likely to occur.  For the purposes of this Clause 16.4.1 “You” shall include Your direct and/or indirect parent company and “Your” shall be interpreted accordingly;
          2. You make a material misstatement in the details You have supplied to the Service Provider to enable the Service Provider to provide the Services;
          3. You materially breach (including without limitation failure to pay any Charges promptly) this Agreement or any other agreement You have with the Service Provider or a Group Company;
          4. the Service Provider suspects on reasonable grounds that You may have committed or may be committing (i) a breach of any law; and/or (ii) any fraud against the Service Provider or any third party;
          5. in any circumstances where under this Agreement, the Service Provider has the right to suspend the Services;
          6. You fail to meet the Service Provider’s required standard of creditworthiness as set out in Clause 6; or
          7. any contract between the Service Provider and a third party provider of telecommunications services is terminated where such termination affects the provision of the Services.
        5. If the Service Provider requests You to do so but You fail to return to the Service Provider (or as otherwise notified to You by the Service Provider) the Order Form duly signed or accepted by You within 14 days of the Commencement Date (or any other date notified to You by the Service Provider) the Service Provider shall be entitled (but not obliged) without notice to terminate this Agreement or, without prejudice to its right to terminate, to downgrade the Services as it reasonably thinks fit.
        6. On termination of this Agreement any licence granted to You by the Service Provider shall immediately cease, You must immediately stop using the Services and all amounts You owe to the Service Provider for the use of the Services shall be due and payable in full and You shall have no right to withhold or set off any such amounts
        7. On termination of this Agreement by reason of Your default You shall be liable to pay to the Service Provider all Charges that would otherwise have been payable by You during the Minimum Term and the Service Provider shall be entitled to set off such amounts from any Charges paid by You in advance.
        8. Return of Rental Equipment after termination:
          1. If this Agreement terminates after the Minimum Rental Term, the provisions of Clause 12.5 shall apply in relation to the Rental Equipment.  If for whatever reason the Agreement is terminated within the Minimum Rental Term, You shall return the Rental Equipment to the Service Provider at your own cost to arrive at the Service Provider within 14 calendar days of Termination, failing which you shall be charged the manufacturer’s suggested retail price for new Rental Equipment or for similar new equipment plus a £50 administration charge.  You acknowledge that these amounts are a genuine pre-estimate of the Service Provider’s loss if You fail to return the Rental Equipment.
          2. The Service Provider will provide You with reasonable instructions, at your request, on how to de-install and return the Rental Equipment.
          3. The  Rental Equipment must be in good working condition (e.g. no physical or water damage).  The returned Rental Equipment must reasonably include the original components such as, and without limitation, the device, battery, charger, manual and software.
          4. You must remove any confidential, proprietary or personal information belonging to a third party before returning the Rental Equipment.  The Service Provider shall not be not responsible for and does not accept any responsibility with respect to, and without limitation, any confidential, proprietary or personal information contained in the Rental Equipment returned by You.
        9. The termination of this Agreement for whatever cause shall not affect any provision of this Agreement which is expressed or by implication intended to survive or operate in the event of termination of this Agreement.
        10. The Service Provider shall have the right to delete and terminate any of Your Lines or this Agreement in its entirety should the Service Provider in its reasonable discretion determine your Account or any Lines to be dormant for a period of at least three months on a given Line.
      17. Payment on early termination
        1. If You terminate this Agreement pursuant to Clause 16.3 above or We terminate the Agreement pursuant to Clause 16.4 above You shall, without prejudice to any claim for damages by the Service Provider for any breach of this Agreement, pay to the Service Provider the Monthly Subscription Fee which would have been payable by You to the Service Provider from the date of termination to the date of expiry of the Minimum Term and the Cancellation Charges
      18. Assignment and Sub-contracting
        1. You must not assign or delegate or otherwise deal with all or any of Your rights or obligations under this Agreement without the prior written consent of the Service Provider.
        2. The Service Provider may assign, transfer (in whole or in part) or charge or deal in any manner or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
        3. The Service Provider may sub-contract any of its obligations under this Agreement.
      19. Force Majeure
        1. Neither Party shall be liable for any breach of its obligations under this Agreement (other than in relation to payment of sums due) where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including, without limitations, acts of God, acts of Government or other competent regulatory authority, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law or regulation and accident (or by any damage caused by any of such events).  Where such cause continues for more than 3 calendar months either Party may, without additional liability, terminate this Agreement by giving not less than 30 days’ written notice to the other Party.
        2. Clauses 16.8 and 16.9 shall apply to a termination of this Agreement under Clause 19.1.
      20. Variation
        1. Except as described in Clauses 20.2 below, any variation to this Agreement shall be agreed by the Parties in writing.
        2. Notwithstanding Clause 20.1, the Service Provider reserves the right to amend or vary this Agreement (other than in relation to price variations in accordance with Clause 7.2 of this Agreement) by giving You 30 days’ written notice thereof.  Only if such variation is likely to be of detriment to You, You may, within 14 days of receiving such notification, give the Service Provider not less than 14 days’ notice that if the amendment is not withdrawn You will terminate this Agreement. If the amendment or variation is imposed by law You shall have no right to terminate.  If You do not terminate in such period You are deemed to have accepted the variation.
        3. If You request and the Service Provider agrees to a change of the Services or a change of the Premises, You must complete such formalities as the Service Provider shall require to give effect to such change and You must pay to the Service Provider its then current Charges to reflect such change of Charges or Premises change.  The Service Provider may require payment prior to effecting such change.  To reflect such change, the Service Provider may without notice revise the Charges.
      21. Notices
        1. Unless otherwise stated in this Agreement:
          1. Notices sent by You to the Service Provider shall be sent by any of the following means:
            1. by hand or by recorded delivery to the following address or as otherwise notified to You:
              Attn:           Service Provider
              Address:    as per address details on Our website
            2. by fax to the following fax number or as otherwise notified to You:
              Fax:            as per fax details on Our website
            3. by electronic mail to the following electronic email address or as otherwise notified to You:
              Email:        as per contact email addresses located on Our website
        2. Notices sent by the Service Provider to You may be sent (i) by hand or by recorded delivery to Your billing address specified on the Order Form or to Your registered office; or (ii) by fax to Your fax number specified on the Order Form or as otherwise notified by You to the Service Provider in writing; or (iii) by electronic mail to Your electronic mail address specified on the Order Form or as otherwise notified to the Service Provider in writing.
        3. Notice given by hand shall be deemed given the same day.  Notice given by recorded delivery on the date and at the time of signature of the delivery receipt.  Notice given by fax shall be deemed given when transmitted provided that the sender shall have received a transmission report confirming correct transmission.  Any communication by electronic mail from You to the Service Provider shall be deemed to have been received when the Service Provider acknowledges receipt to You of such electronic mail.  Any communication from the Service Provider to You by electronic mail shall be deemed to have been made on the working day on which the notice is first stored in Your electronic mail-box
      22. Data Protection
        1. The Service Provider operates in accordance with the Data Protection Act 1998 as updated or amended from time to time and as set out in the Service Provider ‘Privacy Notice’ on Our website.
        2. The Service Provider may use any information supplied by You for providing You with the Services and with the Rental Equipment, for its own administrative and customer service purposes or for any other purpose required by law.  Without limitation the Service Provider shall be entitled to disclose information provided by You to a, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider.  To enable the Service Provider to provide the Services the Service Provider shall also be entitled to disclose such information to other telecommunications companies.
        3. In order to maintain quality and for training purposes, the Service Provider may monitor and record telephone conversations with You.
        4. The Service Provider shall be entitled to communicate information that describes the habits or usage patterns and/or demographics of the whole or a part of the Service Provider’s Customer base (including You) but which is anonymous and does not describe or reveal the identity of any particular Customer to any third party.
        5. Unless You have ticked the relevant boxes on the Order Form or You notify Customer Services in writing at the address specified in Clause 21 above or as otherwise notified to You, the Service Provider may:
          1. use information provided by You for market research purposes or to supply You with information about other products or services available from the Service Provider; and
          2. provide information supplied by You to third parties for market research purposes or to enable them to supply You with information about their products.
        6. You shall comply with your obligations under the Data Protection Act.
      23. Confidentiality
        1. Each Party (in this Clause the “Receiving Party”) undertakes to the other Party (in this Clause the “Disclosing Party”):
          1. to keep confidential the Disclosing Party’s information of a confidential nature (including any Confidential Information) obtained from the Disclosing Party in discussions leading to this Agreement and subsequently received pursuant to this Agreement; and
          2. not to disclose the Confidential Information in whole or in part to any other person without the Disclosing Party’s written consent, except to the Receiving Party’s employees, agents and its sub-subcontractors involved in the supply or use of the Services (as the case may be) on a confidential and need-to-know basis; and
          3. to use the Confidential Information solely in connection with the supply or use of the Services (as the case may be) and not for its own or the benefit of any third party.
        2. The confidentiality obligations in this Clause 23 will not apply if the Receiving Party is required by court, government or other regulatory body to disclose the Confidential Information, but only to the extent required by law, provided that the Receiving Party gives the Disclosing Party written notice as soon as practicable of such requirement.
        3. The confidentiality obligations in this Clause 23 will not extend to the Confidential Information which the Receiving Party can prove to the Disclosing Party’s reasonable satisfaction
          1. has ceased to be secret without default of the Receiving Party’s part; or
          2. was already in the Receiving Party’s possession prior to disclosure by the Disclosing Party; or
          3. has been received from a third party who did not acquire it in confidence.
        4. Clauses 22 and 23 shall survive termination of this Agreement or any part of it.
      24. Entire Agreement
        1. This Agreement together with any other documents expressly referred to in this Agreement represent the entire understanding between the Parties with respect to the subject matter of it and supersedes and extinguishes all other agreements or representations (except fraudulent misrepresentations) made by either Party, whether oral or written.  In particular the Service Provider shall not be bound by any oral or written representation (except fraudulent misrepresentations) made by its representatives unless specifically incorporated into this Agreement in writing.
      25. Time Not of the Essence
        1. Any dates quoted by the Service Provider in connection with the provision of the Services or delivery and installation of the Rental Equipment shall be treated as estimates only.  The Service Provider accepts no liability for failure to meet such dates and time shall not be of the essence for this purpose.
      26. Miscellaneous
        1. The Service Provider shall not be bound by and reserves the right to correct, before and after this Agreement is made, any typographical, clerical or other obvious error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Service Provider.
        2. No waiver by the Service Provider of any default by You under this Agreement shall operate or be construed as a waiver by the Service Provider of any future defaults, whether of a like or different character.  No granting of time or other forbearance or indulgence by the Service Provider to You shall imply a waiver of the Service Provider’s rights or shall in any way release, discharge or otherwise affect Your liability under this Agreement.
        3. If any court or any governmental agency or authority of competent jurisdiction holds any provision of this Agreement to be invalid, void, or unenforceable, including in particular any limitation of liability or exclusion of implied terms, then
          1. if necessary, the Parties agree to rewrite the applicable provision to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and
          2. the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable.
        4. The provisions of this Agreement of a continuing nature shall survive termination of this Agreement.
        5. In the event of any inconsistencies between the contents of these terms and conditions, the Order Form and the Price List, the order of precedence shall (unless expressly stated to the contrary) be these terms and conditions; (ii) the Order Form; and (iii) the Price List.
        6. The Parties do not intend that this Agreement be enforceable by any person not a party to this Agreement including under the Contracts (Rights of Third Parties) Act 1999 with the only exception of Clauses 8 (which will also be enforceable by the Service Provider’s employees and its subcontractors) and 15.4 (in respect of the Designated Provider).
      27. Governing Law and Jurisdiction
        1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.
        2. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
      28. Your Authority
        1. Unless you make clear on the Order Form that you are purchasing as a consumer, by placing an Order You hereby confirm that the Services will be used for business use only and that the Person placing this Order has authority to bind the Customer and is at least eighteen (18) years old.

aSFDASDF sdfasd

SCHEDULE 1
LANDLINE SERVICES

    1. APPLICATION OF THIS SCHEDULE
      1. This Schedule applies if you have requested in your Order Form that We supply you with Landline Services.
    2. PROVISION OF LANDLINE SERVICES
      1. We will provide the required Landline Services subject to availability, geographical and technical capability.
      2. You acknowledge that we reserve the right to bar access to certain numbers or in accordance with our Fair Use Policy or as we deem necessary from time to time. If you wish to bar access to premium rate services from your Landline Service, please contact us
    3. FAULT REPORTING AND MAINTENANCE
      1. We will provide a 7 day fault reporting service in respect of the Landline Services. You should notify any faults regarding your Landline Services to our faults team, the contact number for which is located on your invoice or on our Website.
      2. We are responsible for correcting faults in supplying the Landline Services. You must provide all necessary assistance to enable us to locate and repair any fault which is our responsibility.
      3. We are not responsible for any fault in respect of the Landline Services which is on your side of the network termination point.
      4. We are not responsible for any fault which is within the network of an Other Provider. However, we will endeavour to notify that the Other Provider of the fault and request that the fault be corrected promptly
    4. SERVICE LEVELS
      1. There may be Service Levels applicable to the Landline Services you have chosen in your Order Form. If Service Levels are applicable, then these are as referred to in your Order Form and/or as provided to you after you sign your Order Form or otherwise as varied by us and notified to you from time to time. Details of such Service Levels may also be provided on the Website.
    5. Allocation and Use of Telephone Numbers
      1. Any number in respect of the Landline Services that is allocated to You is provided only for the duration of this Agreement at the Premises.
      2. Any numbers allocated to You in respect of the Landline Services by the Service Provider (if any) do not belong to You.  You do not acquire any rights whatsoever in such numbers and You must make no attempt to apply for registration of the same as a trademark, service mark, or domain name whether on its own or in conjunction with some other words or trading style.
      3. You are not entitled to sell or agree to transfer to a third party any number in respect of the Landline Services allocated to You by the Service Provider or its underlying provider.
      4. The Service Provider shall be entitled, for commercial, contractual, operational or technical reasons or in order to comply with the requirement of any competent authority, to withdraw or change any telephone number or code or group of telephone numbers or codes allocated or provisionally allocated to You in respect of the Landline Services.  Where a number is already in operational use by You, the Service Provider shall use reasonable endeavours to give You reasonable prior notice.
      5. If at Your request, and if feasible, a specific number is allocated to You in respect of the Landline Services, You shall be responsible for all necessary investigations and inquiries as to the legitimacy or use of such numbers and the Service Provider shall have no liability whatsoever with respect to the number chosen and its use by You.
      6. If You are allocated a number which falls within a range of numbers classified from time to time by OFCOM (or any other competent authority) as being for the provision of a particular type of service, then You must ensure that any service provided by You on that number conforms at all times with the type allocated to that number range and complies with any applicable regulations.
      7. Where under this Agreement, The Service Provider is providing Services to You, You confirm that You understand that the Services are most likely to be provided by Us using broadband telephony and therefore may sometimes be unavailable as a result of things over which the Service Provider has no control, such as failure of Your broadband connection or internet service provider, power disruptions, the weather, etc.  The Services may also not be available due to suspension of the Services by the Service Provider in accordance with this Agreement.
      8. You confirm that in all such circumstances where the Landline Services are unavailable, you acknowledge that it will not be possible to have access to emergency call services.
      9. You acknowledge that assuming there is sufficient power and broadband connectivity enabling us to connect Your calls to the UK public emergency services, we may not be able to provide Your number(s) and location details to the operator, dependent on the type of technology utilised.
      10. In order to comply with UK emergency services regulatory obligations applicable to VoIP services, You agree to provide us with the location of any handsets, that are connected other than at your address stated on the Order Form.
    6. Number portability
      1. The Service Provider shall use reasonable endeavours to provide number portability to You , as soon as reasonably practicable and on reasonable terms, when You request so and provided that:
        1. there are no technical reasons preventing the portability of the number(s) requested by You;
        2. You undertake to pay the Company’s Charges for such number portability if applicable; and
        3. there are no outstanding Charges owed by You.
      2. You acknowledge that:
        1. in the event that You request the Service Provider to transfer Your number to a new services provider and the Service Provider does not have porting arrangements with Your new service provider, it may not be possible to port such number(s);
        2. if You sign up to the Company’s services and You request the Service Provider to transfer Your number from another service provider, the Service Provider will use reasonable endeavours to do this if reasonably practicable and provided that Your existing service provider agrees to release the number; and
        3. if it is not reasonably practicable, the Service Provider will provide You with a new number.
      3. Provided that your number is capable of being transferred, you may transfer it from your current service provider to us if that number is portable.
      4. By signing the [Number Portability Customer Authorisation (“LNP Authorisation”)] which forms part of your Order Form, you acknowledge and agree:
        1. to your current service provider  transferring to us your number;
        2. that we are only transferring your number. This means you may lose value added services and other features provided by your current service provider. When you are connected to the Landline Services you will use the Landline Services specified in your Order Form, which may be different to the service and features that you had with your current service provider ;
        3. that by transferring your number, the service and/or any features associated with that number may be disconnected by your current service provider and result in finalisation of your account for those services;
        4. that there may be costs and obligations associated with transferring your number away from your current service provider . You may have an ongoing contract with your current service provider  which requires the payment of cancellation and/or termination fees to your current service provider  if you transfer to us;
        5. that your current service provider  may or may not disconnect your existing service and/or value added services;
        6. if you are transferring between different voice service platforms, you may need to purchase certain software, modems, new handset and/or other equipment;
        7. that you may need to purchase approved equipment to access the Landline Services;
        8. that if your number cannot be transferred to us then you may accept a new number from us;
        9. that your authorisation to transfer your number to the Landline Services is valid for 90 days from the date of the LNP Authorisation;
        10. that in the event of a withdrawal or reversal to your current service provider, we:
          1. are not responsible for any period of outage of the service or features or your current service or any value added service provided by your current service provider ;
          2. do not warrant that your number will be transferred to us within any specified timeframe; and
          3. that if you wish to transfer your Number from us to another Service provider  then you must contact that other Service provider  to implement the transfer; and
          4. that we reserve the right to charge for transferring your Number to and from us.

Standard Broadband Terms and Conditions

Broadband Terms & Conditions

Definitions

“Activation” occurs when the relevant Service is available for use by the Customer;

“Agreement” means these terms and conditions together with the Order;

“Service Provider” shall mean a company incorporated in the United Kingdom and whose details are noted on this website.

“Customer” shall mean any Customer of Service Provider in respect of the Service;

“Internet” shall mean the worldwide collection of private and public router-based networks that are interconnected via gateways and exchange points, and which all utilise the TCP/IP protocol suite;

“Initial Period” shall mean the initial billing period as stated on the Customer’s Order;

“Minimum Term” shall mean the minimum period that the Customer must pay for the relevant Service. For the avoidance of doubt, this is twenty four months unless expressly stated on the relevant order form.

“Network” shall mean the network over which Service Provider provide the Service;

“Notice” shall mean thirty days’ notice for all services. ”Notice” is the amount of notice you have to provide to terminate the service once the Minimum Term has been served. Notice must not be considered as received by Service Provider unless the Customer has received acknowledgement by email;

“Order” shall mean any request by the Customer to provide Service regardless of whether the request is submitted via the Service Provider physical order form or online order form;

“Quarter” shall mean the period of three months commencing on the specified date;

“Quotation” shall mean a written summary of Services and pricing valid for 30 days provided to the Customer for the purposes of submitting an Order to Service Provider;

“Recurring Charges” means those amounts payable by the Customer to the Service Provider on a recurring basis for the Service as set out in the Order;

“Service” shall mean the products or services offered by Service Provider and specified in the relevant Order;

“Website” shall mean the website from where these terms and conditions were obtained.

1 Customer Order

1.1 These terms and conditions apply to the Customer’s Order for Internet services and apply in addition to Service Provider’s standard terms and conditions of trading.

1.2 Service Provider reserves the right not to accept an Order.

1.3 Services are provided in accordance with each Order.

1.4 Orders will only be accepted if submitted via Service Provider order form or submitted by telephone and recorded.

1.5 Orders will not be considered as received or accepted by Service Provider unless the Customer has received acknowledgement by telephone or email from Service Provider.

2 Service Activation

2.1 Before being able to activate the Service, Service Provider will use its best endeavours to:

2.1.1 verify that the Customer’s premises listed in the Order as the designated installation address are in an area in which the Service is available; and

2.1.2 carry out a line test to check that the Customer’s line can support Service Provider’s Services.

2.2 Occasionally it will not be possible to establish whether the Service can be activated until after activation of the Service is attempted at the Customer’s premises.

2.3 Service Provider will send an Order confirmation by email to the Customer once the Order has been accepted.

2.3.1 If the Customer chooses to cancel the Order after confirmation but before the Service has been given a committed activation date the Customer will not be liable for any charges.

2.4 Service Provider will send an email to the Customer once a date has been set for the Activation of the Service or installation of any equipment necessary for the Activation of the Service. This email will normally be sent within 48 hours of the Order being accepted by Service Provider although may be delayed by provisioning issues outside of Service Provider’ control and for which Service Provider cannot not be held liable.

2.4.1 If the Customer chooses to cancel the Order after the committed date but before activation the Customer agrees to pay the full activation charges as well as the recurring charges for the Minimum Term. This is irrespective of whether the Customer uses the Service.

2.5 Installation of the Service may be subject to a survey carried out by Service Provider, or an agent contracted by Service Provider to undertake the survey. The Service may not be provided where the survey carried out is incomplete or unsatisfactory. Service Provider reserves the right to charge for such surveys although Service Provider will advise the Customer of any charges before work is undertaken and Service Provider will not carry out any chargeable work without agreement in writing from the Customer.

2.6 If the Service cannot be activated Service Provider will notify the Customer as soon as possible and the order will be cancelled. Service Provider may propose an alternative Service (where available)

2.7 Service Provider will use all reasonable endeavours to obtain the ‘Ready for Services date’ for the Service within 14 business days of order acceptance by Service Provider, but cannot be held responsible if provision takes longer or is not possible.

2.8 If Service Provider is unable to activate the Service according to the Customer’s Order due to the Customer’s act or omission, or due to incorrect information being provided by the Customer, Service Provider reserves the right to charge the Customer the agreed connection fee and service rental for the Minimum Term.

2.9 Occasional visits to the Customer’s premises may be required to resolve provisioning issues or Service faults. These visits are sometimes carried out by BT Openreach. Service Provider will liaise with the Customer to arrange the timing of these appointments. It is also possible that BT may contact the Customer directly in relation to the appointment. The Customer agrees to pay any charges made by BT in the event the Customer is responsible for any faults found.

2.10 Where required and to allow the installation to proceed the Customer will, at their own expense:

2.10.1 obtain all necessary consents, including consents for any necessary alterations to buildings;

2.10.2 take up, or remove, any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers;

2.10.3 provide any electricity and connection points required by Service Provider or any contracted agents of Service Provider.

2.11 During Activation of the Service the Customer may temporarily lose the use of the Customer’s other telecommunications services on the telephone line used for the Service.

2.12 If the Customer wishes the Service to be activated on a specific date this must be notified to Service Provider in writing at the time of order. It is not always possible to arrange or delay activation to a specific date. Service Provider will use best efforts but cannot guarantee to arrange activation for a specific date, and cannot be held liable if this is not possible.

2.13 If the Customer is migrating an existing service from another provider Service Provider cannot be held responsible if the previous service provider ceases service before Service Provider has activated its Service.

3 Service Provision

3.1 Service Provider will provide the Service in a manner befitting a competent telecommunications Service Provider. Service Provider may subcontract the provision of all or any part of the Services to third parties.

3.2 Changes may be made to the Network or the technical specification of a Service from time to time; if these changes will detrimentally affect the Service, Service Provider will inform the Customer in advance.

3.3 Service Provider DSL Services are capable of synchronising to the exchange equipment at up to 24Mbps downstream as a theoretical maximum. The actual speed of the Service will depend on the length of the telephone line and the quality of the copper, and the customers internal cabling. These are factors which are outside of Service Provider’s control and for which Service Provider cannot accept any responsibility.

3.4 When a line is of a very poor quality or has a very long length, it may not be possible to provide the Service.

3.5 it is technically impossible for Service Provider to provide a 100% fault-free Service and Service Provider does not warrant or undertake to do so.

4 Commencement and Term

4.1 Following Activation, the Service shall continue to be provided for a period equal to the Minimum Term. If the Customer cancels this Agreement during the Minimum Term they will be charged for the remainder of the Minimum Term. If the Customer moves address within the Minimum Term, the remainder of the Minimum Term will still be applicable and must be paid by the Customer. The Minimum Term cannot be transferred to a new address.

4.2 Cancellation requires thirty days’ notice for all Services. This is in addition to the Minimum Term. On all Broadband Services the Customer will be charged the current cease fee upon ceasing the Service.

4.2.1 Termination notification by the Customer must be made in writing by email or letter.

4.2.2 Any notification of termination by the Customer must be authorised by the contact on the order or a staff member with suitable authority and must specify the telephone number of the Service and the date on which Service is to be terminated.

4.2.3 Termination notification by Service Provider to the Customer will be made by email to the contact stated on the Order by Service Provider Customer Services department.

4.2.4 The Customer must not assume that Service Provider has received notice of Termination unless Service Provider has confirmed this via e-mail.

5 Router or Modem Equipment

5.1 The Customer may use any compatible equipment. A list of compatible routers and modems will be made available to the Customer upon request. Where the Customer uses a router or modem not deemed to be recommended with the Service, Service Provider shall have the right to request that a compatible router or modem is used in order to provide technical assistance.

5.2  The router or modem is to be utilised on the master socket of the telephone line and not on an extension socket.

6 Use of Service

6.1 The Customer shall not use the Service:

6.1.1 in breach of Service Provider’s Acceptable Usage Policy;

6.1.2 in connection with the carrying out of any fraudulent, criminal, or any other illegal activity;

6.1.3 to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing or in breach of copyright, confidence, privacy or any other rights;

6.1.4 to cause annoyance or needless anxiety;

6.1.5 to send or provide or, knowingly receive responses to, any spam or unsolicited advertising or promotional material;

6.1.6 to knowingly or recklessly transmit any electronic material (including viruses) which shall cause or is likely to cause detriment or harm in any degree to computer systems owned by Service Provider or other Internet users;

6.1.7 in a manner which restricts or inhibits any other user from using or enjoying Service Provider’s products or services;

6.1.8 to utilise excessive amounts of bandwidth (as outlined in the AUP);

6.1.9 in breach of any reasonable instructions given by Service Provider;

6.2 Service Provider shall have the right to examine, from time to time, the use to which the Customer puts the Services and the nature of the data/information that the Customer is transmitting or receiving via the Services where such examination is necessary: (i) to protect / safeguard the integrity, operation and functionality of Service Provider’s (and neighbouring) networks; or (ii) to comply with police, judicial, regulatory or governmental orders, notices, directives or requests.

6.3 The Customer agrees to indemnify Service Provider and its subcontractors from any liability or claim arising out of, or any penalty or fine imposed in respect of, the Customer’s breach of clause 6.

7 Service Suspension and Alteration

7.1 Service Provider may suspend the provision of the Services or any part thereof, and/or disconnect the Customer’s facilities from the Network as a result of the following points.  The Customer shall be liable for any recurring charges while suspended and in the event of Service Provider terminating the Service all recurring charges for the minimum period.

7.1.1 Service Provider has reasonable grounds to believe that the Services are being used in breach of Clause 6; or

7.1.2 the Customer’s use of the Network may damage or disrupt the proper functioning of the Network; or

7.1.3 Temporarily, for operational or technical reasons;

7.1.4 the Customer does not pay Service Provider’s invoices when due.

7.2 Service Provider shall give the Customer as much notice of a suspension under Clause7.1 as is reasonably practicable in the circumstances.

7.3 Service Provider shall be entitled to terminate or modify the Service, without any liability whatsoever, if any license or authorisation which Service Provider requires in order to provide the Service is not obtained, withdrawn or otherwise cancelled; in the event of a modification that is detrimental to the Service the Customer shall have the right to terminate this Agreement by giving Notice in writing in accordance with Clause 4.

7.4 Service Provider will provide the Service at the premises specified in the Customer’s Order. If the Customer wishes to move the Service to new premises, this will be treated as a cease of Service at the old premises with applicable notice and new provide at the new premises with applicable activation fees.

7.5 The Service may cease if the underlying telephone contract is altered or ceased.

7.6  If the Customer uses 100% of their monthly data allowance, where applicable, and has no additional data allowance available, they may have their Service supply stopped or the speed reduced until the next month commences. Customer may upgrade to a different Service that has a higher data allowance.

7.7 Customers may upgrade their Service with no penalty charge being applied.  If a customer downgrades their Service they will be charged the remaining period of the minimum term.  A new contract period will start when a new Service is activated regardless of being a result of an upgrade or downgrade. An upgrade is when a Customer moves their Service from a lower monthly data allowance Service to a higher data allowance Service or from a Service Provider DSL service to a higher speed Service Provider DSL Service or a Service Provider Fibre Service.  A downgrade is when a Customer moves their Service from a higher data allowance Service to a lower data allowance Service or from a Service Provider Fibre Service to a Service Provider DSL Service or a lower speed Service Provider DSL Service.

8 Charges and Credit Terms

8.1 Service Provider only accepts payment by Direct Debit (where applicable). Service Provider may at its discretion only, accept payment by other methods, such as BACS, Credit Card as secondary collection method which will include an admin fee as part of this secondary payment method.

8.2 On the date that the Customer places an order, Service Provider shall invoice the Customer for the Activation Charges and the Initial Period.

8.2.1 The Customer agrees that thereafter, the Recurring Charges for the Services shall accrue and Service Provider will charge the Customer monthly in advance unless otherwise explicitly agreed in writing;

8.2.2 All amounts due under this Agreement to be paid by the Customer to Service Provider shall be paid in full (without deduction or withholding except as required by law) and the Customer shall not be entitled to assert any credit, set-off or counterclaim against Service Provider in order to justify withholding payment of any such amount in whole or in part;

8.2.3 The initial payment shall be made at the time of order;

8.2.4 Services invoiced monthly can only be paid via direct debit.

8.2.5 Direct Debit payments may be taken for the ongoing monthly rentals after a minimum of 5 working days’ notice.

8.2.6 If Service Provider cannot collect a Direct Debit payment, because the Customer has cancelled the instructions with the Customer’s bank or there are insufficient funds in the Customer’s account, Service Provider reserves the right to apply a processing fee of £10+VAT to the outstanding balance to cover the cost of the failed debit;

8.2.7 Service Provider reserves the right to immediately suspend all Services on the Customer’s account should the Customer’s Direct Debit fail for any reason outside Service Provider’s control.

8.2.8 Payment of subsequent invoices shall be made within 7 days of receipt;

8.3 Where the Customer disputes any amount due under an invoice the Customer shall notify Service Provider in writing within 7 working days of receiving the invoice. The parties hereby agree to act in good faith and use reasonable endeavours to resolve the disputed sum within 14 days of notification of the dispute by the Customer. Service Provider reserves the right to suspend the Service if the dispute is not resolved within the 14 day time period. Notwithstanding any other provision of this Agreement, Service Provider shall have no liability to the Customer for any loss or damages the Customer suffers as a consequence of such suspension.

8.4 Service Provider may, at their own discretion, charge interest on any overdue amounts payable from the due date (whether before or after judgment) at the rate of 5 percent per annum above the Sterling base rate of Lloyds Bank PLC.

8.5 Any and all prices given as a Quotation are subject to change in accordance with standard terms and conditions. All Quotations are based on information supplied to Service Provider by the Customer. In delivering the Service additional and supplemental work may be required and the Customer agrees to pay such additional amounts subject to their prior to approval.

8.6 Service Provider reserves the right to charge for debt collection, following failure to pay by the Customer.

9 Termination

9.1 Service Provider may terminate this Agreement by notice, such notice to take effect forthwith if:

9.1.1 the Customer has not paid following suspension under clause 8.3; or

9.1.2 the Customer has committed a material breach of this Agreement; or

9.1.3 the Customer fails to pay its charges when they become due; or

9.1.4 any meeting is convened for the purpose of considering a resolution, or any petition is presented or any other steps taken, for the purpose of making an administration order against the Customer, or for the Customer’s winding-up or dissolution, or any similar action or steps are taken in relation to the Customer and such action or steps are not withdrawn within 30 days; or

9.1.5 any administrator, administrative or other receiver or trustee or similar officer is appointed over the Customer or any steps are taken to do the same to the Customer.

9.2 The termination or expiry of this Agreement shall be without prejudice to the rights and liabilities of either of Service Provider or the Customer accruing up to such date.

10 Service Technology

10.1 ADSL or ADSL2+ over a telephone line:

10.1.1 the product uses Asymmetric DSL (ADSL) technology, operating over a PSTN line. It is not deployable on a PSTN line with certain products already installed.

10.1.2 It is the Customer’s responsibility that their phone line continues to work throughout the life of the Service.

11 Delivery

11.1 The Customer acknowledges and agrees that acceptance of an Order and/or installation is not a guarantee that the Service can be successfully Activated. The factors that may limit the ability of Service Provider to provide Services include but are not limited to:

11.1.1 geographic availability. Products are available over a standard phone line within certain footprints. The transmission performance of some phone lines will mean that it is technically impracticable to provide Service to all Customers;

11.1.2 line characteristics. Each DSL Service states a line length over which Customers are likely to be able to assumptions;

11.1.3 Exchange conditions and systems will also affect the quality of the service and is outside of the control of the Service Provider.

12 Data Protection

12.1 Service Provider shall be entitled to store and process personal data provided on the Order form for its internal use and for the purposes of providing the Service.

12.2 The Customer has the right to request a copy of information relating to the Customer that is held by Service Provider, by written request to Service Provider’s customer service team.

12.3 The Customer may change appropriate personal information relevant to them held by Service Provider at any time, by advising Service Provider in writing.

12.4 From time to time Service Provider will contact the Customer about other Service Provider products and services. If the Customer does not wish Service Provider to contact them, it is their responsibility to inform Service Provider.

13 Service Level and Credits

13.1 Service level agreements or guarantees (SLAs) comprise of the following:

13.1.1 Service Provider will aim to Accept or reject orders for the provision of a line within seven business days following submission of an Order;

13.1.2 Service Provider will provide a minimum of technical support available 24hrs per day, 7 days per week, 365 days per year.

13.2 The SLA does not cover hardware which has been provided by the Customer or by Service Provider. Every effort will be made to minimise disruption caused by a faulty router but service credit will only be paid on the ‘wires only’ part of the Service.

13.3 The SLA does not come into effect until after the Service has been successfully activated and used by the Customer to gain access to the Internet for the first time.

13.4  The SLA does not cover service outages caused by faults on the underlying telephone line.

14 Liability

14.1 Service Provider gives no warranty and makes no representation in respect of the Services including, without limitation, the availability of such Services save as specified in the Terms and Conditions and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such Services.

14.2 Service Provider shall not be liable to the Customer whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the appointment of the Customer and/or the use of the Services:

14.2.1 loss of revenue; and/or

14.2.2 loss of anticipated savings; and/or

14.2.3 loss of business and/or goods; and/or

14.2.4 loss of goodwill; and/or14.2.5 loss of use; and/or

14.2.6 loss and/or corruption of data and/or other information, and/or

14.2.7 downtime; and/or

14.2.8 any damage relating to the procurement by the Customer or third party Customer of any substitute services.

14.3 For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 14.2.1 to 14.2.8, inclusive, nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

14.4 In no event shall Service Provider’s liability to the Customer, whether in contract, tort, by statute or otherwise exceed the greater of £5,000 (five thousand pounds sterling) and the total payments received from the Customer in the previous calendar year.

14.5 Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.

15 Force Majeure

No failure or omission by Service Provider to carry out or observe any of the terms and conditions of this Agreement shall give rise to any claim against Service Provider or be deemed a breach of this Agreement if such failure or omission arises from a cause of force majeure or any other cause beyond the reasonable control of Service Provider.

16 Miscellaneous

16.1 No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.

16.2 This Agreement represents the entire understanding between the parties in relation to the matters dealt with herein and supersedes all previous covenants and representations made by either party, whether oral or written.

16.3 This Agreement is specific and limited to the Customer and may not be assigned, sub-contracted or otherwise dealt with by the Customer without the prior written consent of Service Provider.

16.4 The Customer shall comply with any and all rules, laws, statutes, enactments, orders, regulations, codes of practice and/or similar instruments applicable to the performance of its obligations under this Agreement.

16.5 If there are any contradictory clauses with another set of conditions, this set of Terms and Conditions will take priority.

17 Law

This Agreement shall be governed by and construed exclusively in accordance with English law, and the parties hereby submit to the exclusive jurisdiction of the English courts.

Refund policy under Distance Selling Regulations

Your rights as a consumer

In accordance with the law, you have a 7 day ‘cooling off period’ in which you have the right to cancel your order for a full refund. You do not need to give a reason for cancelling your purchase but may do so if you wish. We are obliged to refund your payment within 30 days of your cancellation.

How to cancel within the 7 day cooling off period

Should you wish to cancel your order before activation or within 7 days of your order being placed, please either:

  • Contact us by email or letter at the address as noted on our Contact page on the website from where these terms and conditions were obtained.
  • Write to us at our registered address shown above.

Please include your order reference number, telephone number along with your name and address.

Refund will be made within 30 days of your cancellation.

Acceptable Usage Policy

In a nutshell, the following list details all the uses of the services that Service Provider consider unacceptable – in other words, unfair usage. Service Provider maintains and promotes a policy of fair and acceptable usage at all times, so please ensure that any use of the Service Provider’s services, by yourself or anyone in your household or office, doesn’t in any way contradict the restrictions listed below. This list is not an exhaustive and may be varied from time to time.

Please ensure that anyone using this service agrees with this Policy and is aware of their obligations under it.

This extends to your children or members of your household or your employees or office workers or any one accessing the network through your home or office.

What shall the service not be used for?

  1. Unlawful, fraudulent, criminal or otherwise illegal activities
  2. Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading, recording, reviewing, streaming or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person.
  3. Sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters except that marketing communications in accordance with the Privacy and Electronic Communications Regulations 2003 if sent in batches of no more than fifty (50) emails at any time, each individual campaign being sent to no more than five hundred (500) recipients, with no more than five (5) campaigns per month
  4. Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programmes) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by Service Provider or any other Internet user or person
  5. Activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person.
  6. Activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material
  7. Anything that may disrupt or interfere with Service Provider’s network or services or cause a host or the network to crash
  8. Launching “denial of service” attacks; “mailbombing” attacks; or “flooding” attacks against a host or network.
  9. Granting access to your services to others not residing at the premises at which these Internet services are provided.
  10. Making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments.
  11. Circumventing the user authentication or security process of a host or network.
  12. Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
  13. Monitoring or recording the actions of any person entitled to be in your home or business premises without their knowledge or any person or thing outside of your home or premises including, without limitation, any public highway or roadway or another person’s home or business premises.
  14. Collecting, streaming, distributing or accessing any material that you know, or reasonably should know, cannot be legally collected, streamed, distributed or accessed.

Security

You are responsible for ensuring that any username and/or password selected by you remain confidential so that the network cannot be used by any unauthorised person.

The username and/or password referred to include, but are not limited to, those controlling access to (a) any computer hardware systems or networks; (b) any computer software or applications; or (c) any other services accessed by you in the use of either of the above.

You shall not disclose your username or password to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.

You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.

You must immediately advise us if you become aware of any violation or suspected violation of these Security provisions.

What about usage by kids and others without you knowing?

You are responsible for all uses made of Service Provider’s service through your account (whether authorised or unauthorised) and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that Service Provider are not responsible for any of your activities in using the network. Although the Internet is designed to appeal to a broad audience, it’s your responsibility to determine whether any of the content accessed via Service Provider’s service is appropriate for children or others in your household or office to view or use.

Excessive Network Usage

If it’s felt that any customer’s activities are so excessive that other members are detrimentally affected, Service Provider may give the customer generating the excessive web traffic a written warning (by email or otherwise). In extreme circumstances, should the levels of activity not immediately decrease after the warning, Service Provider may terminate that customer’s services.

What happens if the Policy is breached?

If any customer’s use of these services constitute a breach of this Policy, Service Provider may, at its option and discretion, either give the customer notice to stop the unacceptable use(s) or terminate that member’s services (with or without notice as Service Provider considers appropriate).

Ofcom General Condition 24 on Sales and Marketing of Fixed-Line Telephony Services

We are regulated by the telecommunications regulator, Ofcom. In selling and marketing our fixed-line services, we are required to comply with a regulation known as “General Condition 24″.

To view a copy of General Condition 24, click the link below:

http://stakeholders.ofcom.org.uk/binaries/teleService Provider/policy/narrowband/statement.pdf

or more generally:

http://stakeholders.ofcom.org.uk/binaries/consultations/consumer-switching-review/statement/statement.pdf

Terms of Website Use

This page (together with the documents referred to on it tells you the terms of use on which you may make use of our website (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

This site is operated by the Company as named on each page of this website (“We”).  We are registered in England and Wales. Our Registered office, place of business, Company number and VAT number are also found on this site.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).  We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
  • Any liability for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy, which is also be found on this website.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with any applicable laws and  content standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply applicable laws or content standards.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to ‘Contact Us’ on this site.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim (including non-contractual disputes or claims) arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact us via the ‘Contact Us’ section of this website. Thank you for visiting our site.

Privacy Policy

This Privacy Policy (together with our Website Terms of Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This Privacy Policy also sets out how you can instruct us if you prefer to limit the use of that personal data and the procedures that we have in place to safeguard your privacy.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Us. Our company name and number are as stated on this Website.

By using this website (the “Website”) or submitting information to us, you signify your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not use the Website or submit information to us through or in connection with the Website or otherwise.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1. INFORMATION WE MAY COLLECT FROM YOU

We may monitor visits to the Website, in order principally, to ensure that it is easy to navigate, identify the areas that are of particular interest to visitors and generally improve the Website and services offered. The information we collect in this process will not identify you as an individual and it does not seek to identify individual visitors unless they volunteer their contact details through one of the forms on the Website.

In some circumstances our records may identify organisations visiting the Website and we may use that information in managing its relationship with those organisations, for example, in considering how to develop the services that it offers.

The personal information we hold about you will depend on the services you request from us and the use that you make of those services. We may collect:

  • Information regarding your use of our services including but not limited to telephone numbers, SMS, MMS, emails and other electronic communications received or made by you and the date, time, cost and duration, of such communications, your browsing history (including web sites you visit) and location data, internet PC location for broadband, address location for billing, delivery, installation or your  phone location;
  • information that you provide by filling in forms and submitting information over the phone, by post, email, fax or on the Website. This includes information provided on registration for any one of our services, through surveys, by posting material on the Website or by requesting services from us;
  • if you contact us, whether through the Website or otherwise (for example, by post, email, fax, phone, text message) we may keep a record of that correspondence.  For example, if you submit a query, a complaint or a refund request, report a problem with our service or Website, or otherwise liaise with our customer service, technical support or any other department in our company we may keep such record;
  • your debit or credit card details;
  • your account name and account numbers held by financial institutions from which your payments for services provided by us are made;
  • information obtained as a result of credit checks which you authorise us to carry out;
  • records of communications between you and us relating to services provided by us to you;
  • records of use made by you of services provided by us to you;
  • calling line identification/connection logs. when you connect to our remote access servers;
  • your IP address (this is your computer’s individual identification number for internet connection) is automatically logged by our web server. This is used to note your interest in this Website; and
  • details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.

The above information may include any personal information that relates to and identifies you, including but not limited to your name, date of birth, postal address, e-mail address, telephone number, bank account details, and any other information collected as set out in the above list.

We may check some of the information that you provide against third party databases to confirm that it is accurate.

In some cases, for example where we carry out credit checks or collect information from organisations to whom we outsource functions, your personal information will be collected indirectly.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

2. HOW WE MAY USE THE INFORMATION COLLECTED FROM YOU

We may process this information for the purpose of:

  • providing you with electronic communications services including, without limitation: (i) provisioning or connecting your service; (ii) network routing; (iii) investigating and fixing faults in relation to the services and (iv) investigating complaints;
  • following up any payments that you may owe us,administering contractual agreements or arrangements necessary to provide services to you;informing you about services and events provided or organised by us that may be of interest to you;
  • enhancing and personalising the services that we offer to you];
  • administering accounts records;
  • providing you access to all parts or features of our services or the Website;
  • communicating with you on any matter relating to the provision generally of our services;
  • dealing with your inquiries and requests, including contacting you if necessary;
  • carrying out our obligations arising from any contracts entered into between you and us;
  • processing your payment;
  • contacting you for your views on our services and notifying you occasionally about important changes or developments to our services or the Website;
  • carrying out market research campaigns;
  • improving and developing our services or the Website;
  • ensuring that content from our Website is presented in the most effective manner for you and for your computer or mobile device;
  • performing research and statistical analysis and analysing markets and producing reports; and
  • debt recovery or debt tracing, crime, fraud and money laundering compliance.

We may also use your personal information, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about this by email, post or telephone. If you prefer not to receive information from Us or from our selected third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data, (e.g. the order form or registration form) if applicable, or send an e-mail message via the ‘Contact Us’ link on this website

Our contracts form part of our communications services plus other ancillary services such as mailing, credit checking, provisioning, billing, printing, verification of sales and fault fixing to external service providers. We may disclose your personal information to these organisations but only so that they can provide you with the services that we have contracted out.

We may disclose your personal information to other telecommunications service and equipment providers, our related corporate bodies, resellers, credit providers, credit reporting agencies, organisations to whom we outsource services, and our business partners and associates. At your request, we may disclose your information to directory providers so that your information can appear in telephone directories. Personal information shared with related corporate bodies may include your name, address, and service history.

We may analyse information about you including your calling, browsing, searching and location data on a personalised basis always in accordance with data protection legislation. We may transfer this data to authorised third parties and we may use it to tailor our (or our authorised third parties) offers, promotions, adverts or commercial communications.

We may also gather this information and statistics on aggregated basis for the purposes of monitoring the usage of the Website and our services and may provide such aggregate information to third parties such as advertisers, telecoms carriers, content providers our affiliated companies or prospective business partners.  These statistics will not include information that can be used to identify you.

If you stop using our services or the Website, or your permission to use the Website or our services is terminated, we may continue to use and disclose your personal information in accordance with this Privacy Policy (as amended from time to time) and as permitted by law.  However, if you wish us to stop e-mailing you with information in connection with the Website or our services, please send your request via the ‘Contact Us’ link on this website.

3. INFORMATION SECURITY

If you are aged 16 or under, you will need your parent or guardian’s permission before providing any personal data. Otherwise, you are not allowed to provide us with personal information.

The internet is not a secure medium.  However, we have put in place various security procedures with regards to the Website and your electronic communications with us, as set out in this policy.

Please be aware that communications over the internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/internet.

We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control. You must not share your password which give you access to any of our services. Your passwords and any other secret information are your responsibility, and must not be disclosed to any third party.

We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. Our web server is capable of up to 128bit SSL encryption.  Note however, that our web server can only choose the highest common level with your browser. If you use older browsers, you may find that it only supports 40bit or 56bit encryption.

We may contract with third parties to provide certain services on our behalf. Please note that if they collect any personal data on their own behalf they would be obliged to provide you with their own privacy policy. You should review their privacy policies carefully.

All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our visitors’ information.

We may need to disclose your data, if required by law or when requested to by regulatory bodies or law enforcement organisations, which may use your data for regulatory purposes.

The data you provide to us may be transferred to third parties located outside the European Economic Area (“EEA”). Countries outside the EEA do not always have adequate data protection laws and security measures. However we will take reasonable steps to ensure that your data is processed by third parties in accordance with the data protection act 1998 and our privacy policy.

4. TO WHOM WILL YOUR INFORMATION BE DISCLOSED?

Your information may, for the purposes set out in this Privacy Policy, be disclosed for processing:

  • to other electronic communications service and equipment providers;
  • to organisations to whom we outsource services, and our business partners and associates; we will reasonably ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it;
  • to regulatory bodies for the purposes of monitoring and/or enforcing our compliance with any regulatory rules/codes or where required by law, regulation or legal proceedings;
  • to a competent authority in response to a valid, legally compliant request by a competent authority;
  • to our employees;
  • where we, or an affiliate processing your data on our behalf, are compelled to do so by law;
  • to third parties from whom you have chosen to receive marketing information;
  • to auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;
  • to insurance companies and administrators where you decide to take an insurance policy through us;
  • to any third party where such disclosure is required in order to enforce or apply our Website Terms of Use or our terms and conditions and/or other agreements, or to protect the rights, property, or safety of our company, our customers or others.  This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
  • to our other affiliates, including our respective partners, agents and sub contractors (including prospective partners, agents and subcontractors). This may include your name, address, and service history;
  • to prospective sellers or buyers of our business or any of our assets;
  • to third party consultants, contractors or other service providers who may access your personal information when providing services (including but not limited to IT support services) to us; and
  • in emergency situations when we have a reason to believe that someone’ physical safety is at risk;

5. DATA RETENTION

We will only retain information for as long as this is needed including for billing and for accountancy purposes.  However, in certain circumstances and to comply with the Regulation of Investigatory Powers Act 2000 (RIPA) and any other applicable legislation.

We may retain the information below for a minimum time of 6 months and no longer than 2 years:

  • data necessary to trace and identify the source of a communication (telephone number, name and address of subscriber, sender’s IP address, etc.);
  • data necessary to identify the recipient of a communication (number dialled, name and address of recipient, IP address of recipient, etc.);
  • data necessary to identify the date, time and duration of a communication (date of the communication, start and end time of a telephone conversation, logo-on and log-off time of internet access service);
  • data necessary to identify the type of communication;
  • data necessary to identify users’ communication equipment or what purports to be their equipment;
  • cell site data necessary to identify the location of mobile communication equipment; and
  • digital Subscriber Line (DSL) or other end point of the originator of a communication.

6. YOUR RIGHTS OF ACCESS IN RELATION TO YOUR INFORMATION

You can write to us at any time to obtain a copy of your information and to have any inaccuracies corrected.  Where appropriate, you may have your personal information erased, rectified, amended or completed. Please write to our registered address or email us via the ‘Contact Us’ link on this site.

Please quote your name and address.  We should be grateful if you would also provide brief details of the information of which you would like a copy or which you would like to be corrected (this helps us to more readily locate your data).

We will require proof of your identity before providing you with details of any personal information we may hold about you. We may charge a fee of £10 to cover the administration costs involved in providing you with a copy of your information.

7. COOKIES

Pieces of information transferred to your computer’s hard disk from a website are known as cookies. They allow our Website to store information about your browsing patterns, making the Website more useful to you.  Many major sites use cookies; in fact, they are commonly used throughout the internet to offer personalised services.  Most browsers are automatically set to accept cookies.  Each time you use our Website, the cookie is accessed.  This way, we can track the features you use and the pages and content that you view on the Website to help personalise your experience. Where you are allocated log-in details, we may also use cookies (but only if you so choose) to let you automatically log-in to the Website so that you do not have to re-enter your email and/or password each time you visit.

You may disable cookie support on your browser but be aware that by doing so, you may lose certain features that require a cookie to work properly. We may use the information collected by the cookie to provide us with various statistics without identifying any individual.

Please contact us via the ‘Contact Us’ link on this site if you require information about disabling any cookies on the Website.

8. YOUR CONSENT AND CHANGES TO THIS PRIVACY POLICY

By submitting any personal information to us, you consent to the use of information as set out in this Privacy Policy. We reserve the right to amend or modify this Privacy Policy and if we do so we will post the changes on the Website. It is your responsibility to check the Privacy Policy every time you submit information to us or place an order. Use will signify that you agree to any such changes.

In the event the purposes for processing personal information change, we will contact you as soon as practicable and seek your consent for the new purposes where such new purposes relate to a new additional purpose for processing which is not compatible or similar to the originally specified purposes.

9. THE DATA PROTECTION ACT 1998

We are the registered as a Data Controller under the terms of the Data Protection Act 1998 and we ensure we comply with all the protections the Act affords to you. Our registration number is also noted on this website.

10. USE OF YOUR PERSONAL INFORMATION SUBMITTED TO OTHER WEBSITES

We are not responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Website.

We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have concerns or questions.

11. CONTACT

If you have any questions about our privacy policy, think that the information it holds about you may need to be corrected, or you would like us to provide you with information about our services or services offered jointly with or on behalf of other organisations, please send an email via the ‘Contact Us’ link on this site or write to us at our registered office, as noted on this website.

Acceptable Use Policy

Introduction

For the Internet to operate in a manner that satisfies the majority of its users, all users need to observe some rules and behaviours governing their use of it. These requirements are usually contained or referred to in the relevant terms and conditions governing the particular Internet service as well as the law.

To enable our customers to have a better understanding of what is and is not acceptable when using the Internet, and to help you get the best out of the Internet, we have developed a number of Acceptable Usage Policies. These policies should help you benefit from safer surfing and minimise the risk of suffering “online abuse”.

We have also included some general advice on how to protect you and your computer to each of these policies which we encourage you to follow.

Illegal and inappropriate activities

As an Internet user, whilst connected to the Internet using our Services you must comply with the relevant laws that apply in the UK. You should also be mindful of the fact that the Internet is a global medium and is regulated by the laws of many different countries. Material which is legal in this country may be illegal in another and vice versa.

These are some of the things that you must not do whilst connected to the Internet:

You must not, by using the service, download, possess or transmit in any way, illegal material (for example indecent images of children).

You must not send, publish, distribute, circulate or otherwise propagate any material that may be deemed to be grossly offensive or of an indecent, obscene nature or menacing in character.

You must not send, with the intention of causing annoyance, inconvenience or needless anxiety a message that you know to be false, or to cause such a message to be sent or to persistently make use of our service for that purpose.

You must not gain or attempt to gain unauthorised access to any computer systems for any purpose, including accessing the Internet.

You must not, without authorisation intentionally impair or attempt to impair the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data (this could include deleting files, changing the desktop settings introducing viruses etc.).

You must not infringe the rights of others, including the right of privacy and copyright (an example would be sharing without permission of the copyright owner protected material such as a music or video file).

Many of these activities could result in legal action, a fine or a term of imprisonment or both.

If you are in any doubt as to the legality of anything, take independent legal advice before proceeding.

Our Obligations

We are obliged under the Regulation of Investigatory Powers Act to disclose information to Law Enforcement Agencies and Public Authorities that are legally entitled to obtain such information, and where we have access to such information. Similarly we must comply with court orders to disclose information. In serious instances of abuse we may also notify the police or relevant law enforcement agency.

We cannot and do not monitor content of our customers websites or content of chat rooms, instant messaging, email, newsgroup or indeed of any communications and therefore we cannot and do not guarantee that all of these are free of illegal material or other content considered unacceptable by others including the Internet community.

Changes to the Acceptable Use Policies

We may change the Acceptable Usage Policies’ from time to time and will inform you on this website when we do so. To make the most of the guidance contained in the AUPs, please keep up to date with changes and look at them on a regular basis.

Breaches of Acceptable Use Policies

Reports of breaches of these acceptable use policies by our customers can be made via our ‘contact us’ page on this website.

We may operate systems to ensure compliance with these acceptable use policies, including without limitation network scanning and testing of open servers and mail relays, as required by law.

Returns Policy

(Online and Telesales Customers)

  1. Definitions
    1. This Returns Policy is part of the our Standard Terms and Conditions and the Standard Mobile Terms and Conditions and is herewith incorporated by reference to them.‘We’, ‘Us’, ‘Our’ means Us, the telecommunications provider
      ‘You’, ‘Your’ or ‘Customer’ means You, Our Customer.
      Capitalised terms in this Returns Policy refer to those definitions in Annex 1
  2. Scope
    1. This Returns Policy applies when any Phone, Dongle, Laptop or Modem that has been ordered online or via telesales arrives damaged or is not as the Customer ordered, or if the Order was duplicated, only applying to Customers who either:
      1. bought a Phone, Dongle, Laptop or Modem;
      2. received a subsidised Phone, Dongle, Laptop or Modem (partly or totally free) with a Pay Monthly Package when they entered into a Pay Monthly Contract with Us; or
      3. received a subsidised Phone, Dongle, Laptop or Modem (partly or totally free) when the Customer upgraded or renewed its Monthly contract with Us via Our own telesales team or via Our website.
    2. Any purchase by a Customer of a Phone, Dongle, Laptop or Modem from another retailer will not come under this Returns Policy.
    3. This Returns Policy does not apply to the supply of Our Services. The Standard Terms and Conditions and the Standard Mobile Terms and Conditions will instead cover the provision of Our Services when the Customer registers on and connects to Our network and they are also available on Our website.
    4. This Returns Policy does not apply to Customers who:
      1. did not purchase their Phone, Dongle, Laptop or Modem via Our own telesales team or via Our website
      2. bought their Dongle, Laptop or Modem via Our telesales team or via Our website and used them as described below; or
      3. bought their Phone via Our telesales team or via Our website who have used their Phone (this means that You may not personalise Your phone in any way, or use any of Our Services, or take photos or videos or load any data onto the Phone).
    5. The Customer will be responsible for the Phone, Dongle, Laptop or Modem as soon as it is delivered to the Customer.
    6. This Returns Policy shall not apply if the Customer permits the Phone or Dongle to be unlocked via any unauthorised manner (i.e. by anyone other than Us or the manufacturer).
    7. If you fail to return the Product in accordance with this Returns Policy (as applicable), You won’t be eligible to return it under this Returns Policy but, if You do still wish to end Your Agreement, You must pay Us all the Charges You owe, plus any Cancellation Fee for Your Package (amounts available at request and please refer to Our Standard End User Terms or Our the Standard Mobile Terms and Conditions for details).
  3. Statutory rights
    1. The policies set out in this Returns Policy section will not affect any of the Customer’s statutory rights.
    2. For more information on statutory rights, a Customer should contact any local authority Trading Standards Department or Citizens Advice Bureau.
  4. Manufacturer’s warranty
    1. The manufacturer of the Phone, Dongle or Modem will have provided the Customer with a warranty against defects in materials and workmanship for a period of at least 12 months from purchase. Further details of the manufacturer’s warranty can be found in Your Dongle, Phone or Modem Box. This warranty is in addition to the Customer’s statutory rights.
    2. We only act as the manufacturer’s agent for the purposes of processing any warranty claims. We are not the manufacturer of the Phone, Dongle or Modem and the manufacturer is the company referred to in the manufacturer’s warranty documentation.
    3. A Customer must notify Our Customer Services if a Customer wishes to make a warranty claim against the manufacturer.
    4. For details of any manufacturer’s warranty given in respect of a Laptop, a Customer will need to refer to the details of the manufacturer’s warranty which may be included in the Laptop box.  A Customer should also refer to the information in the manufacturer’s warranty or materials for details of how to make a claim under the manufacturer’s warranty in respect of a Laptop.
  5. Products damaged on arrival
    1. If a Customer discovers that a Phone, Dongle, Laptop and/or Modem is visibly damaged on arrival, the Customer should either write on the delivery note that the packaging is damaged, or refuse to accept the delivery. The Customer should also contact Us within 7 calendar days with details of the damage. This will help Us considerably in raising the matter with our appointed courier. Once the damaged goods have been received back into our warehouse, then we will repair them or replace them.
  6. Products not as ordered
    1. If the Customer receives goods from Us that differ from what the Customer has ordered, then We strongly recommend that the Customer notifies Us as soon as possible by phone and by email to our customer services team.
  7. Products or order duplicate
    1. In the event that a Customer’s order or goods have been duplicated by mistake, then the Customer must notify Us as soon as possible using Our Online Returns Tool.
  8. Returning the Product
    1. For the purpose of this paragraph 8, the terms “Product” shall cover Phone, Dongle Modem and/or Laptop.
    2. If the Customer bought the Product from a third party (either in a retail store, over the phone or online) and the Customer wishes to return it, the Customer should refer to the Returns Policy issued by that retailer.
    3. The Customer will need to provide a receipt or delivery note as proof of purchase.
    4. Any refund to a Customer under this Returns Policy will be in the same form as the Customer’s original payment.
    5. If a Customer has used the Product, We may charge the Customer for any data used or for any other usage.
    6. If You are unsure what to do please call Our Customer Services.
    7. If the Product is unused and is to be returned under this Returns Policy, then the Product must be returned, along with the original Boxed Accessories and documentation “as new” to Us within 14 days of delivery, including any “free gifts” and all other related material.
    8. You may be reasonably charged for any items or components that are missing or which have been damaged since the Product was received. Otherwise, We may not allow You to return the Product and cancel Your Agreement with Us or We may charge You for any items or components that are missing or which have been damaged since You received the Product (if applicable).Phones
    9. If you return Your Phone, you must ensure that:
      1. Your Phone and any Boxed Accessories are returned “as sold” and “unused”. This means that You must not have used the Phone. By using the Phone, We mean by way of non-exhaustive examples:
        1. personalising it (for example, by setting the time or date, altering the menu views or ring tones or adding content of any kind (including any contacts);
        2. using it to access any of Our Services (for example, making or receiving voice or video calls, or text, photo or video messages, accessing or downloading any content or browsing the internet); or
        3. to take or store any videos, photos or loading data of any kind to the Phone (including ‘Contacts’ information).
  9. Repair Service
    1. We do not provide a repair service so You should check to see if any repairs required are covered by the manufacturer’s warranty.
  10. Stored data
    1. If you return Your Phone, Dongle or Laptop, You will be responsible for removing all content, messages, information and any other data from the Dongle, Laptop, Phone or SIM (or any memory card included) prior to its return.

 

  1. ANNEX 1 – DEFINITIONS
Accessory / Accessories: any battery, battery charger, stylus, phone case, portable hands free, SIM or consumable item (items which are regularly replaced) or any other item authorised by Us that may facilitate the use of Your Phone;
Agreement: We mean Your agreement with Us for the supply of Services;
Boxed Accessories: all Accessories that You receive as part of the original packaging of Your Phone, Dongle, Laptop or Modem;
Cancellation Fee: Means the cancellation fee or charge set out in Your Agreement if We end the Agreement due to Your conduct or if You end Your Agreement within the Minimum Term. The fee is available on request;
Charges: charges for access to, and use of, Our Services in respect of Your Package. These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from You;
Customer Services:

Our customer services team who are available to help You with Your queries, details of which are on Our website

Damage: any accidental, sudden and unforeseen damage to the Phone caused by external means which affects the operational functioning of the Phone;
Disconnection: the procedure by which We stop Your access to Our Services. ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings;
Dongle: the USB Modem that is authorised by Us for Connection to the Mobile Network Operator’s network which is used to access Our Services, excluding all Accessories;
Laptop: a laptop (including an iPod touch, Ipad or similar devices) which is used in conjunction with a Dongle and/or SIM to access Our Services;
Minimum Term: the minimum period for the supply of Services as specified in Your application form commencing on the date of Registration. Where no period is specified in the Application a minimum period of 1 months from the date of Registration will apply;
Mobile Network Operator (MNO): the mobile network operator(s) providing network services to Our Network Provider;
Modem: a modem which is used to access Our Services;
Package: our current Packages available for You as well as any other Packages We may introduce in the future. There may be more than one Package available for You to choose from and if so, You will be required to select one before You are Connected to Us. The Packages may be amended or withdrawn from time to time, and can be viewed at Our website or requested from Our Customer Services;
Product a Phone, Dongle, Laptop or Modem;
Pay As You Go Customer: a Customer who pays for their access to and use of Our Services in advance via a Pay As You Go Voucher;
Pay As You Go Voucher: a voucher or any other payment mechanism or receipt or receipt used to top-up Your account to gain access to Our Services;
Pay Monthly Customer: a Customer who receives periodic bills for their use of Our Services;
Phone: the device or phone that is authorised by Us for Connection to the Mobile Network Operator’s network which is used to access Our Services, excluding all Accessories;
Phone Box: the package delivered to You containing the Phone, SIM, Terms for Our Services, the terms for Our Returns Policy and anything else required to be delivered to You with Your Phone;
Phone Unlock Fee: the sum equivalent to the total of all the monthly Charges still remaining during the initial 12 months of the Minimum Term of Your Agreement;
Ready-to-go Pack: a Mobile Broadband Pay As You Go combination package consisting of a Dongle which is pre-loaded with a Pay As You Go Voucher data allowance;
Returns Policy: this Returns Policy as amended by Us from time to time;
Re-Connection: have the same meaning as connection;
SIM: a card which contains Your phone number and enables You to access Our Services;

Standard Mobile Terms and Conditions:

means the terms and conditions for the use of Our mobile services;
Storage Services: any of Our Services in the List of Services which offer You storage capacity on the Mobile Network Operator’s network for storage of content which You access from Our Services;
Suspension: the procedure by which We temporarily Disconnect Your access to the Our Services. ‘Suspend’ has a corresponding meaning;;

Services (or Services):

the services offered by Us, including call services messaging services, storage services, age Restricted Services and premium Services, which We have agreed to provide for You; and
Warranty Period: the manufacturer’s warranty period of 12 months. Further details of the manufacturer’s warranty can be found in the materials in Your Phone Box.