Terms and Conditions

Network Services Terms & Conditions

Issue No 8.4 Dated 02/05/2017 Doc Ref: lc00082

The Service we promise to provide: 1. What the Service is 2. Things we may have to do 3. Phone number 4. The Phone Book and Directory Enquiries 5. Call Monitoring 6. Use of your information 7. When we will provide the Service 8. Repairing faults What you agree to do 9. Paying our charges for the Service 10. Your other responsibilities If things go wrong 11. If we break this agreement 12. Matters beyond our reasonable control 13. If you break this agreement 14. Arbitration Changing and ending the agreement 15. Changing the agreement 16. Transferring the agreement 17. Cancelling the Service before it is provided 18. Ending the agreement after the Service is provided The other things we need to tell you 19. How to give notice 20. Third Party Rights 21. Explanations of certain words These Terms and Conditions apply to new and existing customers and are effective from the date shown on the Agreement. 1. What the Service is The Service we (Louiscomm) supply to you (our Customer) is the ability to make or receive a call (or both). The Service does not include any phones or other equipment that we may supply to you under a separate agreement. In providing the Service, we promise to use the reasonable skill and care of a competent telecommunications service provider. As a Louiscomm Customer you will be able to make a choice of networks to carry your calls. (a) Louiscomm Network - This is the service we automatically select for you, and your calls will be charged at a substantial discount to the Standard BT Network. (b) BT Network - You have the option to route individual calls over the BT Network at any time. Calls made over the BT Network, whether intentionally or unintentionally will be charged at the Standard BT Network rate. 2. Things we may have to do 2.1 We may have to do some things that could affect the Service. These things are listed in paragraph 2.2. If we have to interrupt the Service we will restore it as quickly as we can. 2.2 Occasionally we may have to: (a) Change the access code or the technical specification of the Service for operational reasons. (b) Interrupt the Service for operational reasons or because of an emergency. (c) Give you instructions that we believe are necessary for health and safety or for the quality of the Service that we supply to you or to our other customers. 3. Phone number You have no right to sell or to agree to transfer the number provided to you for use with the Service and you must not try to do so. 4. The Phone Book and Directory Enquiries 4.1 We will put your name, address and the phone number for the Service in The Phone Book for your area and make your phone number available in the Directory Enquiries Service, as soon as we can. However, we will not do so if you ask us not to. 4.2 If you want a special entry in The Phone Book you must let us know. Where we agree to add a special entry you must pay an extra charge for each entry. 5. Call Monitoring We may occasionally monitor and do record all calls made to, or by us relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services, including complaint handling. 6. Use of your information 6.1 We may use the information we have about you and your use of the Service for marketing purposes. However, we will not do so if you ask us not to. 6.2 For your information we process your billing data and information about your use of Louiscomm's service (this includes information about your bill size, the numbers you call and the times you call) for marketing our own telecommunications products and services. This allows us to better inform you about products, services, pricing packages and special offers which we provide and which we believe may be of particular interest to you. We do not disclose this information to anyone else. We need your consent to continue to give you all the benefits that this processing provides and will assume we have it, unless you tell us otherwise by writing to us at: Louiscomm, 49 Gildredge Road, Eastbourne, East Sussex, BN21 4RY 7. When we will provide the Service We will provide you with the Service by the date we agree with you. Unless a reason covered by paragraph 12 or 13 becomes applicable. 8. Repairing Faults 8.1 We cannot guarantee that the Service will never be faulty. However, if a faulty line is not put right within the time limits set out in the BT Customer Service Guarantee, you may be able to claim compensation under that Guarantee, unless we fail for a reason covered by paragraph 12 or13. 8.2 We will work on any fault that is reported to us according to the repair service we have agreed to provide to you within your line rental charge. Additional line repair services not covered within your line rental charge are explained in the BT Price List. 8.3 If you need us to work on a line fault outside the hours covered by the standard repair service (Monday to Saturday 8.30 – 17.00), you must pay us an additional line rental charge for either Care Level 3 or 4. 8.4 If you tell us there is a fault in the Service and we find either that there is not or that someone at your premises has caused the fault, we may charge you for any work we have done to try to find the fault or to repair it. We are not liable for any loss or damage arising from a fault caused by someone other than ourselves, and we will not be liable for repairing any faults not caused by us. What you agree to do 9. Paying our charges for the Service 9.1 Charges (a) You must pay the charges for the Service as set out in our Price List. This applies whether you use the Service or someone else does. We can change the charges as explained in paragraph 15.2. (b) For the avoidance of doubt, the customer acknowledges that they have sole responsibility for all charges relating to the use of the service, regardless of whether such use is authorised, unauthorised, fraudulent or not. The customer must inform us as soon as reasonably practical if they suspect that unauthorised or fraudulent use of the service is occurring. Such notification will not limit the customers’ liability to pay any charges due. 9.2 Rental You must pay us rental from the day we supply the Service. We will ask you to pay the rental in advance. The rental will depend on your specific line types. ie Analogue, ISDN, SIP. If we supply you with a temporary Service, you will have to pay the rental in advance for the whole period that you want the Service. 9.3 Calculating the Call charges We will calculate the charges for Calls using the detailed records provided to us from our Network providers. 9.4 Bills We will send you your first bill shortly after we provide the Service. We will send you further bills monthly, but we may send you a bill at any time. We will include all charges on your next bill where possible, and in any event as soon as we can. We will email/post bills to the address you ask us to. 9.5 Payments in advance, deposits and Credit Levels (a) We may ask you for a payment before one is normally due. This will not be more than the connection and rental charges for the Minimum Period, except in circumstances where you have exceeded your Credit Level. (b) We may ask for a deposit as security for payment of your bills if it is reasonable for us to do so. 9.6 When you must pay You must pay all charges and rental as soon as you receive your bill and deposits when we ask for them. Our standard payment terms are payment by direct debit, unless agreed otherwise in writing. If at any time a direct debit is not in place (due to cancellation) then payment must be made by another means within 14 days. 10. Your other responsibilities 10.1 Connecting and using your equipment with our network (a) You may only connect phones, or other equipment to our network using the telephone socket that we have fitted and maintain, unless we agree otherwise. Otherwise we may end any such agreement after giving you reasonable notice. (b) Equipment must only be used on our network in a way that meets the relevant standards. If the equipment does not meet those standards, you must immediately disconnect it, or allow us to do so at your expense. 10.2 Supplying a place and electricity for our equipment At times we will have to place equipment on your premises to provide you with the Service. You must provide a suitable place and conditions for this. If we have to supply equipment that needs a continuous mains electricity supply and connection points, you must provide them where we need them at your own expense. 10.3 Preparing your premises You must prepare your premises before we arrive according to any instructions that we give you. When our work is completed, you will also be responsible for putting items back and for any necessary re-decorating. 10.4 Entry to your premises (a) If our engineers need entry to your premises you must let them do so as long as they provide you with satisfactory ID to prove their identity. We will meet your reasonable requirements about the safety of people on your premises and you must do the same for us. (b) If we need someone else's permission to cross or put our equipment on their premises, you must get this agreement prior to our visit. 10.5 Damage Nobody must tamper with the line or junction box supplying the telephone service to your premises. If anyone does and there is any damage to or loss of our equipment, you must pay the charge as detailed in the BT Price List for any necessary repair or replacement. 10.6 Misuse of the Service Nobody must use the Service: (a) To make offensive, indecent, menacing, nuisance or hoax Calls. (b) Fraudulently or in connection with a criminal offence, and you must make sure that this does not happen. The action we can take if this happens is explained in paragraph 13.4. If a claim is made against us because the Service is misused in this way, you must reimburse us in respect of any sums we are obliged to pay. (c) It is the responsibility of the Customer to ensure they have adequate security measures in place to prevent fraudulent activity against themselves. 10.7 Indemnity If you use the Service for business purposes, you must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them. If things go wrong: 11. If we break this agreement 11.1 We accept liability for being late in providing the Service or repairing a failure of the Service, or for failing to keep an appointment, unless for a reason covered by paragraph 12. However, our liability is limited as set out in the BT Service Guarantee and in this paragraph 11. 11.2 We accept liability if you are injured or die as a result of our negligence. We do not limit that liability and paragraphs 11.3, 11.4 and 11.5 do not apply to that liability. 11.3 Unless the BT Customer Service Guarantee says otherwise, we have no liability under this agreement. Our liability under this agreement for a failure in provision of the Service or the Service itself is detailed in the BT Customer Service Guarantee. This does not affect our liability if we are negligent. 11.4 We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed. 11.5 Any liability we have of any sort (including any liability because of our negligence) is limited to £1 million for any one event or any series of related events, and in any 12-month period to £1 million in total. 11.6 Each part of this agreement that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply. 12. Matters beyond our reasonable control If we cannot do what we have promised in this agreement because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. 13. If you break this agreement 13.1 We can suspend the Service or end the agreement (or both) at any time without telling you if: (a) You break this agreement or any other agreement you have with us for telephone services and fail to remedy the breach within a reasonable time of being asked to do so; (b) We believe that the Service is being used in a way forbidden by paragraph 10.6. This applies even if you do not know that the Calls are being made or the Service is being used in such a way. (c) Bankruptcy or insolvency proceedings are brought against you, or if you do not make any payment under a judgment of a Court on time, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation. 13.2 If your agreed Credit Level is reached before your next monthly bill is sent to you, we will inform you of the amount you have spent and agree any necessary action. If you have a limited payment history for the Service (less than 3 bills received and paid in full) we may also restrict your ability to make outgoing calls pending payment of charges accrued on our billing system. 13.3 If you miss a payment, we will not suspend the Service or end the agreement until 14 days after the payment was due. However, if we suspend the Service and you miss another payment during the 12 months after we provide the Service again, we may then suspend the Service or end the agreement (or both) 7 days after the payment was due. In the case of a bill for Call charges only we may suspend the Service or end the agreement (or both) 14 days after payment was due. 13.4 If we suspend the Service, we will not provide it again until you do what you have agreed, or satisfy us that you will do so in future or that the Service will not be used in a way that is forbidden by paragraph 10.6. 13.5 If we suspend the Service because you break this agreement, the agreement will still continue. You must pay us rental until we end the agreement by giving notice under paragraph 13.1 or you or we end the agreement by giving notice under paragraph 18.1. 13.6 All invoices are due for payment within 14 days of the invoice date. Any invoice outstanding after a further 14 days beyond this period will be referred to our Debt Recovery Agents and will be subject to a surcharge of 20% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable. 14. Arbitration If we cannot resolve any dispute with you, you can refer the dispute to the Chartered Institute of Arbitrators. Changing and ending the agreement 15. Changing the agreement 15.1 In general If you ask us to make any change to the Service you must confirm your request in writing. 15.2 Conditions We can change the conditions of this agreement including our charges at any time, (Paragraph 18.2 will then apply). We will notify you with your monthly invoice at least 2 weeks before it takes place. If you are a residential customer, we will also give you at least 2 weeks notice in accordance with paragraph 19. 16. Transferring the agreement (a) Louiscomm may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the agreement (in whole or in part), and may subcontract or delegate in any manner any or all of its obligations under the agreement to any third party or agent. (b) You the customer shall not, without prior written consent from Louiscomm assign, transfer, mortgage, charge, subcontract, deal in any other manner with any or all of your rights or obligations under the agreement. 17. Cancelling the Service before it is provided You may cancel Service any time up to 7 days before the agreed date of provision. However, if you have ordered a Service for business use you must pay for any work we have done or costs we have incurred. 18. Ending the agreement after the Service is provided 18.1 This agreement, or the supply of the Service, can be ended by giving: (a) 14 days’ notice from us to you; or (b) 90 days’ notice from you to us after the expiry of the Minimum term. 18.2 If you give us notice that ends during the Minimum term (other than because we have increased our charges or materially changed the conditions of this agreement to your detriment), you must pay us all the payments that would have fallen due within the Minimum term and cancellation period. 18.3 If you have paid any rental for a period after the end of the agreement, we will either repay it or put it towards any money you owe us. 18.4 You must pay all charges for the Service until the date on which we stop providing the Service to you. 18.5 We can end this agreement at any time without telling you if paragraph 13.1 applies. The other things we need to tell you 19. How to give notice Any notice given under this agreement must be delivered by hand or sent by email or prepaid post as follows: (a) To us at the address shown on your last bill, or at any other address we give you. (b) To you at the address or email that you have asked us to send bills to. 20. Third Party Rights A person who is not a party to this agreement, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 21. Explanations of certain words "Call,” means a signal, message or communication that is silent, spoken or visual on each line that we agree to provide to you under this agreement. "Credit Level" means the sum of money; you agree with us, you expect to spend on Call Charges during the period covered by your bills. "Your equipment" means equipment that is not part of our network and which you use or intend to use with the Service. "Failure of the Service" means the continuous total loss of the ability to make or to receive Calls or the continuous total loss of a related service. "Your line" means a connection to our network. "Main telephone socket" means the point where your equipment is connected to our network, which is called the Network Termination Point in your premises. "Minimum Term" means the first 12, 24 or 36 months of the Service, or the minimum term stated on the Network Services Order Form, whichever is the greater, from the date your service transfers to us. "Our network" means the Louiscomm Network. "Your premises” means the place where the Service is or will be provided. "Relevant standards" means the standards designated under Section 22 of the Telecommunications Act 1984 "Service" means all or part of the Service explained in paragraph 1 and any related services listed in our Price List that we agree to provide to you under this agreement. “We" and "us" means Louiscomm "Working day" means Monday to Friday 8.30 am to 5.30 pm not including Public Holidays. "You" means the customer we make this agreement with. It includes a person who we reasonably believe is acting with the customer’s authority or knowledge.