means
the communications network operator providing an access
line to you enabling you to connect to the service;
"Additional
Payment Processing Fee"
means
the fee chargeable by Talk to you under clause 7.4
where you pay by a method other than Direct Debit;
"Bill"
means
the Statement of Account which you will receive from
us in respect of your use of the services;
“BT”
means
British Telecommunications plc
of 81
Newgate StreetLondonEC1A 7AJ;
“Call
Charges”
means
the fees listed on the Call Plan, payable by You,
in respect of Your use of the Service by way of telephone
calls made across the Network from the telephone number
through which You are connected to the Service;
“Cancellation
Fee”
means
in relation to the Talk Line Rental Service a one
off charge of £200 payable by You if You cancel the
Service during the Minimum Term;
“Charges”
means
the Fixed Charges, the Call Charges, the Connection
Charge, the Early Termination Fee, the Payment Processing
Fee and the Additional Payment Processing Fee as appropriate,
payable by You, for Your use of the Services;
“Commencement
Date”
means
the date when the Service is first made available
to You or when You first start to use the Service
whichever is the earlier;
“Connection
Charge”
means
the non-refundable fee listed on the Call Plan payable
by You, for installation of and connection to the
Service;
“CPS Service”
means
the Carrier Pre Selection telecommunications service,
which in accordance with Your instructions routes
certain categories of telephone calls to an alternate
Network to allow You to make telephone calls to other
national or international telephone numbers;
"Declaration"
means
the schedule attached to these conditions, containing
among other things, Your personal details and the
details of the Service requested by You and which
is (where You are physically present with one of Our
representatives) signed by You or otherwise agreed
to by You (where You are not physically present);
“Fixed
Charges”
means
the fees listed on the Call Plan, payable by You,
for the line rental, and/or telephone package charges
as appropriate, the Connection Charge and any other
one off charges notified to You from time to time;
“Minimum
Term”
means
in relation to Talk Line Rental Service the period
of at least 18 months, (or otherwise specified for
promotional offers as notified on your welcome letter
from Us) from the Commencement Date;
"Talk"
means
Talk service from GCI Telecom LTD, registered office
is Global House, 2a Crofton Close, Lincoln,
LN3 4NT
“Talk
Line Rental Service ”
means
the telecommunications services provided by Us to
You in accordance with this Contract, where We provide
You the access to the Network Ourselves rather than
through an alternative Access Provider.
“Network”
means
any communications network that We may use in order
to supply the Service to You;
“Offending
Material”
means
any material, data, images or information written
or oral that is:
i.in breach of any law, regulation, code of practice or Our acceptable
use policy; and/or
ii.abusive, indecent, defamatory, immoral, offensive, obscene or
menacing or otherwise offensive; and/or
iii.in breach of confidence, intellectual property rights, privacy
or any right of a third party; and/or
iv.fraudulent or which has any illegal or unlawful purpose;
"Payment
Processing Fee"
means
the payment processing fee charged to You by Talk
and payable by You to Talk under clause 7.2 and 7.3
when dealing with Your payments and which are included
in the figure on the Bill;
“Call
Plan”
means
Our list of Charges setting out the fees payable by
You for the Services as published and/or amended by
Us from time to time and which is available on request
or on Our Website;
“Privacy
Policy”
means
the privacy and data protection policy governing Our
use of the personal information that We collect from
You in connection with the Service and as published
by Us and which is available on request or on Our
Website;
“Services”
means
the residential communications services provided by
Us to You in accordance with this Contract and as
specified on the Declaration and which may include
the CPS Service, and the Talk
Line Rental Service as appropriate;
"Website"
means
the internet website at www.talksense.co.uk
hosted and controlled by Us;
2 Basis of Contract
2.1 These conditions shall govern the Contract between You and
Us to the exclusion of any other terms or conditions, they
will supersede all previous terms and conditions and shall
replace any terms and conditions previously notified to
You. These conditions can also be viewed on Our Website.
2.2 Requests for Services leading to a Contract which are
not expressed to be subject to these conditions shall still
be subject to them.
2.3 No oral warranties or representations shall bind Us.
You acknowledge that You do not rely on any representation
and/or warranty that has not been made in writing and no
variation to this Contract shall be effective unless in
writing and signed by one of Our authorised representatives.
2.4 Details and/or specifications in brochures and Call Plans produced
by Us are intended as a guide and general approximation
of the Services only. You confirm that You have not relied
upon details or information contained within Our brochures
unless We have confirmed their accuracy to You in writing.
2.5 This Contract is effective once We accept Your application
for Services and it will continue unless or until terminated
in accordance with clause 8.
3 Connection and Supply of Services
3.1 We will arrange to transfer You from Your current communications
service to the Service. You authorise Us to arrange the
termination of your existing contract for equivalent services
with Your existing communications service provider and to
obtain (on Your behalf) any relevant information from Your
existing communications service provider, which is necessary
to connect You to the Service. You may cancel this Contract,
at no charge, if You notify Our Customer Services Department
in writing within 10 days starting from the day after the
date of Our acceptance of Your application for the Services.
You cannot cancel this Contract after the Commencement Date.
We cannot guarantee that the Services will be ready on a
particular date and We will have no liability for any failure
to provide You with the Services by any estimated date of
connection.
3.2 You remain liable to the Access Provider for charges
they may levy against You. Where You subscribe to the Talk
Line Rental Service We will be the Access Provider and We
will raise and bill You for Call Charges in respect of all
calls made by You and line rental as specified on the Call
Plan.
3.3 We will provide the Service to You with reasonable skill
and care in accordance with this Contract. However, the
Service may be affected by things outside of Our control
such as faults in other communications networks and We do
not guarantee the prevention or detection of unauthorised
attempts to access the Service or that the Service will
be fault free all of the time.
3.4 We may refuse to connect You to the Service if any of
the information You provide to Us is inaccurate, incomplete
or misleading. You are responsible for providing to Us all
information We request and for the accuracy of that information.
You must inform Us in advance of any changes to Your information.
3.5 We will connect You to the Service if You meet Our financial
and other requirements. In making Our decision to connect
You to the Service You consent to Us making a search, following
the cooling off period specified in clause 3.1, in the files
of a licensed credit referencing agency, who may record
the search. If You do not meet Our requirements We may refuse
to connect You to the Service, and this Contract will automatically
terminate.
3.6 We may change, at any time without notice, which Networks to
use to route Your calls and We may choose to vary the means
by which You access the Services.
3.7 You shall have no right to reject the Services (other
than in accordance with clause 3.1) and You shall have no
right to rescind for late performance unless the due date
for performance has passed and You have given us written
notice requiring performance and giving Us not less than
14 days in which to do so and that notice has not been complied
with.
3.8 If You refuse to allow performance of the Services (other
than in accordance with clause 3.1) then We may withhold
performance of any other Services and to treat this Contract
as repudiated by You and We may rescind this Contract.
3.9 Where appropriate You will allow and/or procure sufficient
access to Our employees, sub-contractors and/or agents to
allow them to install and/or connect the Services and/or
correct any fault in the Services. You will ensure that
the site where the installation and/or connection work is
to be performed is cleared and prepared and is a safe working
environment.
3.10 Any gifts, marketing incentives, sales offers and/or
loyalty rewards which We may give, offer and/or award to
You or any other parties on your behalf are given by Us
at our sole discretion and we may, at Our sole discretion,
withdraw such things immediately and at any time upon notice
to You either in writing or by posting notice on the Website.
3.11 We are not responsible for entries in any telephone directory
existing at the Commencement Date. However, We will use
reasonable efforts to amend any errors:
3.11.1 In the electronic versions of the relevant directory, as
soon as practicable; and
3.11.2 In any paper or hardcopy of the relevant directory within
13 months; after receipt of Your written notice of the error.
3.12 Any reference made to connection times in any documentation
issued by Talk refers to working days (and excludes weekends
and Public Holidays).
4. Use of the Services
4.1 You must not use the Services:
4.1.1 for sending any messages or communications which contain
Offending Material; and/or
4.1.2 to harass, annoy, inconvenience or cause needless anxiety
to any person; and/or
4.1.3 in the course of, to facilitate and/or for the purpose
of pursuing any permanent and/or regular business activity;
and
You must not encourage, request or permit anyone else to use the
Services in this way.
4.2 This Contract is personal to You, and the Service is
provided solely for Your personal use. You must not resell,
sub-licence and/or transfer this Contract and/or use of
the Services to anyone else without Our consent in writing.
4.3 You agree to pay Us all costs (including all reasonable legal
or recovery costs) expenses, liabilities (including any
tax liability), injuries, losses, damages (including damage
to or loss or theft of Our Equipment) claims, demands and
judgements which We suffer arising as a result of any use
of the Services in breach of this Contract by You or arising
as a result of a claim by a third party that Your use of
the Service, other than in strict accordance with this Contract,
infringes their intellectual property rights.
4.4 We may co-operate with the police and any other relevant
authorities in connection with any misuse or suspected misuse
of the Services or other communications services and You
consent to Us co-operating with any other communications
operators for this reason. Where required to do so by Law
We may divulge Your name, address and account information
to such third parties.
4.5 Where You are using the Services fraudulently and/or
Your application is fraudulent, We may recover from You
any costs of any investigation into such fraudulent use
or application including increased administration costs
and any legal costs.
4.6 You will:
4.6.1 Use the Services in compliance with any and all legislation,
regulations, codes of practice and/or use, licences; and
4.6.2 Immediately report to Us any fault You become aware
of. When You notify Us of a fault in the Services We will
endeavour to correct that fault as soon as practicable.
4.7 Where You make a telephone call by dialling the “BT Break Out
Code” (1280) and You have the Talk Line Rental Service,
We will raise Call Charges in respect of that call at the
then current standard BT day time retail rate or at Our
then current Call Charge rate, whichever is the higher,
for the telephone number dialled.
5 The Charges
5.1 You will pay Talk, in addition to any other fees due
under this Contract, the Charges calculated in accordance
with the Call Plan and shown on the Bill.
5.2 We may increase the Charges from time to time to reflect
the the increases in the Retail Price index or Our costs
by giving You 5 working days notice before such increase
takes effect. You may terminate this Contract, where Charges
have been increased, provided Your written notice of termination
is received by Us before the increase becomes effective.
5.3 The Charges are inclusive of any applicable Value Added
and/or other tax (which may be applicable to the Services
from time to time) for which You shall be additionally liable.
Where You discharge Your account other than by Direct Debit
Talk may levy an Additional Payment Processing Fee.
5.4 We may from time to time set you a reasonable credit limit.
Changes in Your credit limit will be notified to You from
time to time. We may require a prepayment before reconnecting
You or any exchange line to the Service if We have previously
disconnected You for non-payment.
5.5 We may refuse to accept Your requests for Services and/or to
suspend the provision of the Services if such request or
provision would result in Your exceeding Your credit limit
or the credit limit is already exceeded.
6 Billing and Payment
6.1 You agree to pay Talk by Direct Debit all Charges due to Us
within 14 days of the date of the Bill. If you fail to make
any payment in full on the due date We may charge You any
reasonable additional administration charge and/or interest
(both before and after judgement) on the amount unpaid at
the rate 3% above the base rate from time to time of Barclays
Bank plc. Such interest shall be compounded with monthly
rests. If You fail to pay any Charges by the due date We
may temporarily suspend Services without warning. We will
restore the Services after You pay all Charges including
any additional Charges specified. Our current administration
charges are available upon request.
6.2 If You use an alternate service provider to route Your calls
before connection to, during use of or after the termination
of the Services and this is not effective You remain liable
to pay Talk for all Charges raised by Us in respect of Your
usage of the Services whether incurred intentionally or
inadvertently.
6.3 We will have no liability for delays in the billing of
any Charges. Any delay that occurs does not effect Your
responsibility to pay.
6.4 If You fail to pay Charges when due, We may completely
disconnect You from the Network in accordance with Our disconnection
policy, which is available upon request and which is available
on Our Website. Reconnection will be at Our sole discretion
and will be subject to this Contract. You remain liable
to pay all Charges due even if Services have been restricted,
suspended, disconnected or terminated for non-payment.
6.5 Any monies received by Talk from You may be applied by
Us at Our option against any additional administrative costs
and/or interest charged prior to application against any
principal sums due from You against which it may be applied
in any order.
6.6 You shall pay to Talk all sums due to Us under this Contract
without any set-off, deduction, counterclaim and/or any
other withholding of monies, other than as required by law
and You shall not assert any credit, set-off or counterclaim
against Us and/or Talk (in respect of any undisputed amounts)
in order to justify withholding such amount in whole or
in part. If You want to dispute an item on the Bill, You
must do so in writing within 30 days of the date of the
relevant Bill
6.7 . If You do not inform Us in advance of changes in Your
information, as required by clause 3.4, You remain liable
for all Charges incurred through the usage of the Services
by any third party using your telephone number and become
liable for any reasonable costs We or Our agents incur in
determining Your new details or whereabouts.
6.8 You are the only person with whom We are authorised to
discuss matters relating to Your account. We will not disclose
information if We feel that We have not received sufficient
proof of Your identity when You speak to Us. If You require
a second person to be able to discuss Your affairs with
Us it is Your responsibility to provide Us with the written
authority We require. If You require previously notified
second persons to be removed from access to Your account,
You must notify Us in writing.
7 Payment Processing
7.1 Talk processes all payments made under this Contract
and You agree that Talk will charge You the Payment Processing
Fee. The overall amount You pay is not increased provided
payments are made by Direct Debit. When You use this method
of payment, payments due to us will be discounted by the
amounts You must pay to Talk, leaving the total You pay
unaltered. Payments made by methods other than Direct Debit
may be subject to the Additional Payment Processing Fee.
7.2 Where payments are made by Direct Debit, you agree to
pay Talk a Payment Processing Fee of 1.5% of the amount
paid by these methods of payment, and to pay the balance
of the Charges to Us.
7.3 Where payments are made, by agreement, by credit or debit
card, You agree to pay Talk a Payment Processing Fee of
2.5% of the amount paid by these methods of payment, and
to pay the balance of the Charges to Us.
7.4 Where payments are made by methods other than Direct Debit,
credit or debit card, Talk may charge an Additional Payment
Processing Fee, (which will be separately itemised on the
Bill) in addition to any amount You owe Us for the Services
and the Payment Processing Fee.
8 Termination
8.1 We may end this Contract immediately if:
8.1.1 You are in breach of this Contract and the breach is
incapable of remedy;
8.1.2 You are in breach of this Contract and, where capable
of remedy, You do not remedy the breach within 7 days of
Our notice requiring You to do so;
8.1.3 The contract between Us and BT or any other relevant
communications service provider enabling the provision by
Us of the Service, is cancelled or terminated;
8.1.4 (where relevant) You no longer have a current valid
contract with BT for the use of a BT analogue direct exchange
line;
8.1.5 You do not pay the Bill on time and/or any Direct Debit
instruction submitted fails and We have followed Our disconnect
policy to it's conclusion;
8.1.6 You use the Service otherwise than as specified by
this Contract and/or any other written instructions/guidance
issued by Us from time to time;
8.1.7 You are declared bankrupt or enter into any agreement
with Your creditors; and/or
8.1.8 We are required to end this Contract by a competent
regulatory authority.
8.2 On termination of this Contract:
8.2.1 All Charges owing will become immediately due and payable;
and
8.2.2 You will pay Talk all outstanding Charges due to Us
under this Contract up to and including the date of termination
or disconnection including any Charges which may not yet
have been billed; and
8.2.3 If You have made a prepayment We will return it to
You after deducting any unpaid Charges. Requests for repayment
by You must be made in writing.
8.3 You may terminate this Contract at any time by giving Us 30
days written notice which shall begin to run the date We
receive Your notice.
8.4 You may terminate this Contract before the expiry of the Minimum
Term, on the condition that You pay to Us the Cancellation
Fee as liquidated damages, which You acknowledge represents
a genuine pre-estimate of the loss We will suffer as a result
of Your early termination.
8.5 On termination of this Contract You will arrange the transfer
of Your calls back to the Access Provider with effect from
the date on which the notice in clause 8.3 expires. If You
do not do this Your access to communications services may
be suspended.
8.6 You will not arrange the transfer of Your calls back to the
Access Provider or any alternate operator before You have
served Us with written notice of termination. If You do
not notify Us, Your access to communications services may
be suspended. Where You subscribe to the Talk Line Rental
Service and subsequently transfer Your calls to another
Access Provider, We may at Our discretion, terminate the
entire Contract with You immediately upon notice.
8.7 Termination of this Contract in accordance with this clause
8 will not prejudice or affect any right of action or remedy
accrued to either party and all provisions which are intended
to survive termination, either expressly or by implication,
shall remain in full force and effect and continue to apply
following termination, including, without limitation, clauses
5,6,7,8.2,8.4,8.5,9,10 and 11.
9 Suspension
9.1 We may temporarily suspend all or part of the Services
for operational, emergency, security, repairs and maintenance
and/or improvement purposes as required. We will endeavour
to give You notice of any such suspension.
9.2 We may suspend provision of the Services immediately
if:
9.2.1 You do not pay Us any sums when due;
9.2.2 We believe that You are in breach of this Contract;
9.2.3 We have reasonable grounds to suspect that the Services are
being used fraudulently; and/or
9.2.4 Your Direct Debit instruction is cancelled or any payment
being made by Direct Debit fails.
9.3 While the Services are suspended You will still have
to pay all Charges due and any other reasonable costs and
expenses which We may incur as a result of such suspension
and any subsequent reconnection of the Services.
9.4 Where the Services have been suspended or terminated, any telephone
number used by You will be automatically returned to BT
and We cannot guarantee that the telephone number will be
available for Your use in the future if the Services are
reconnected.
10 Limitation of Liability
10.1 We accept liability for damage to Your property, if the cause
is Our fault, up to £1000. We accept liability for any other
direct loss or damage, if the cause is Our fault or is caused
by Our failure to comply with this Contract, up to £2000.
10.2 Nothing in this Contract shall exclude or limit Our
liability for death or personal injury due to Our negligence
or any liability which is due to Our fraud or any other
liability which We are not permitted to exclude or limit
as a matter of law. Nothing in this Contract shall affect
Your statutory rights as a consumer.
10.3 We shall have no liability to You in respect of any
act, default or delay by the Access Provider in carrying
out their obligations necessary to enable us to provide
the Service, however, We will pass on to You a proportion
of any refund or credit We receive from the Access Provider.
10.4 We shall have no liability for any indirect or consequential
losses, pure economic loss or loss of income, special damages
or loss of opportunity or contracts.
10.5 Each of the limitations and/or exclusions in the Contract
shall be deemed to be repeated and apply as a separate provision
for each of:
10.5.1 Liability for breach of Contract;
10.5.2 Liability in tort (including negligence);
10.5.3 Liability for breach of statutory duty; and
10.5.4 Liability for breach of Common Law except clause 10.1
above which shall apply once only in respect of all the
said types of liability.
10.6 We shall not be liable for any charges You incur if
You route Your calls to the Access Provider or another communications
operator during any period when the Services are not available.
You are under a duty to keep any loss, damage, costs and/or
expenses that You may suffer to a minimum.
11 General
11.1 We will not be liable to You for any non-performance of Our
obligations under this Contract due to acts of God, war
or national emergency, riots, civil commotion, fire, explosion,
flood, epidemic, strikes, lock-outs (whether including Our
workforce or the workforce of any other party) and other
industrial disputes, acts of government, highway authorities,
communications operators or other competent authorities,
Government emergencies or inability in obtaining supplies
or services from the Access Provider and/or other third
parties or due to any cause beyond Our reasonable control.
11.2 We may change these conditions at any time upon 7 days
notice (either in writing or on Our Website) in order to
comply with laws or rules or any change in Our licence or
if there is any change to the Services. We may transfer
any of Our rights under this Contract to any third party
on notice to You.
11.3 No waiver by Us of any breach of this Contract or any
rights and/or failure to pay Charges payable under this
Contract shall be considered as a waiver of any subsequent
or future, breach of the same provision or any other provision,
rights and/or non payment of Charges payable under this
Contract.
11.4 If any provision of this Contract is found by any competent
authority to be illegal, invalid or unenforceable in whole
or in part then that provision shall, to the extent required,
be deemed not form part of this Contract and the validity
of the remainder of this Contract and the remainder of the
affected provision shall be unaffected and shall remain
in full force and effect.
11.5 This Contract is personal to You and may not be transferred
to anyone else without Our agreement in writing. We may
transfer any of Our rights under this Contract to any third
party.
11.6 Any notices given under this Contract must be in writing (unless
otherwise expressly specified) and must be left at or delivered
by pre-paid mail to the address shown on the most recent
Bill or at Our registered office as appropriate.
11.7 The information You provide to Us will be used by Us to supply
the Services and will not be used or disclosed otherwise
than in accordance with Our Privacy Policy. Please note
that We may record and/or monitor telephone calls made to
Us for training and customer service purposes.
11.8 All third party rights are excluded and no third party shall
have any right to enforce this Contract. This shall not
apply to members of Our group from time to time who shall,
subject to Our consent, have the right to enforce this Contract
as if they were Us. Any right of a third party to enforce
this Contract may be varied and/or extinguished by agreement
between the parties to this Contract without the consent
of such third party.
This Contract is governed by English law and any disputes will
be settled in the courts of the United
Kingdom. (Version 28/11/06)
All standard terms and conditions apply. Judges decision
is final and no prize alternative will be offered. Wolves
Talk will issue a set of terms and conditions upon written
application to:
Wolves Talk
Global House
Crofton Close
Lincoln
LN3 4NT
